REX ET REGINA BEATI portrait of William and Mary HONI · SOIT · QVI · MAL · Y · PENSE · royal blazon or coat of arms R. White skull Printed for joseph Watts in St▪ Paul's Church Yard HIBERNIA ANGLICANA: OR, THE HISTORY OF IRELAND From the Conquest thereof by the ENGLISH, To this Present Time. WITH An Introductory Discourse touching the Ancient State of that Kingdom; and a New and Exact Map of the same. PART I. By RICHARD COX, Esq Recorder of Kingsale. Ardua res est vetustis novitatem dare, obsoletis nitorem, obscuris lucem, dubiis fidem. Plin. Attamen audendum est, & veritas investiganda, quam si non omnino Assequeremur, tamen propius ad eam quam nunc sumus, tandem perveniemus. LONDON: Printed by H. Clark, for joseph Watts at the Angel in St. Paul's Churchyard, MDCLXXXIX. TO THEIR Most Excellent Majesties WILLIAM AND MARY, By the Grace of God, King and Queen OF England, Scotland, France and Ireland; Defenders of the Faith, etc. May it please Your Majesties, I Should not presume to lay this Treatise at Your Royal Feet, but that it concerns a Noble Kingdom, which is one of the most considerable Branches of Your Mighty Empire. It is of great Advantage to it, that it is a Subordinate Kingdom to the Crown of England; for it is from that Royal Fountain that the Streams of Justice, Peace, Civility, Riches and all other Improvements have been derived to it; Campion 15. so that the Irish are (as Campion says) beholding to God for being conquered: Davis, 2. And yet Ireland has been so blind in this Great Point of its true Interest, that the Natives have managed almost a continual War with the English, ever since the first Conquest thereof; so that it has cost Your Royal Predecessors an unspeakable Mass of Blood and Treasure to preserve it in due Obedience. But no Cost can be too great where the Prize is of such Value; and whoever considers the Situation, Ports, Plenty, and other Advantages of Ireland, will confess, That it must be retained at what rate soever; because if it should come into an Enemy's Hands, England would find it impossible to flourish; and perhaps difficult to subsist without it. To demonstrate this Assertion, it is enough to say, That Ireland lies in the Line of Trade, and that all the English Vessels that sail to the East, West and South, must, as it were, run the Gauntlet between the Harbours of Breast and Baltimore: And I might add, That the Irish Wool being transported, would soon ruin the English-Clothing-Manufacture. Hence it is, that all your Majesty's Predecessors have kept close to this Fundamental Maxim, Of retaining Ireland inseparablely united to the Crown of England: And though King Henry TWO, may seem to deviate from this Rule, by giving the Kingdom to his Son John; yet this is to be said for him, That he thought the Interest and Expectations his Son had in England, would be security enough against his Defection; and the rather, because he could not then keep Ireland without continual Aids and Supplies from hence: However, this very Example was thought so dangerous, that Ireland was never given away since that time, except once by Henry the Third, and then only to the Prince, who was his Heir apparent, and on this express Condition, Ita quod non separetur a Corona Angliae. I do not mention that unaccountable Patent to Robert de Vere Earl of Oxford and Duke of Ireland; not only because there was a Tenure by Homage reserved, so that it was not a total Alienation, and because it was but for Life, and cum mixto Imperio▪ but chief because it never took effect, so that it was but Vmbratilis Honour, & cito evanuit. But it is needless to tell your Majesties, That Ireland must not be separated from England; or to solicit your speedy Reduction of that Kingdom, since the loss of it is incompatible with Your Glory; and to suffer the Ruin of four hundred thousand Irish Protestants, merely for their adherence to Your Majesties and their Religion, is inconsistent with your Goodness. But, in Truth, the Recovery of Ireland was not proper for Your Majesty's Undertaking, until it became difficult beyond the Hopes of others; any Body can do easy things, but it is Your Majesty's peculiar Talon to achieve what all the rest of the World think Impossible: Your Majesty did so, in buoying up a sinking State, and restoring it to a more Glorious Condition than ever it was in before▪ And Your Majesty did so again, in retrieving from Ruin two expiring Kingdoms, that were at their last Gasp; and the Recovery of the third, is all that remains to consummate your Glory, and make You the Darling both of Fame and of Fortune. And when that is done, Madam, the bright Example of your Majesty's Virtue and Piety will influence that degenerate Nation to such a degree of Reformation and Religion, as will restore that Kindgdom to its ancient Appellation, and Ireland will again be called, Insula Sacra. That Your Majesty's Glorious Designs, for the Advantage of England, and the Recovery of Ireland, for the Propagation of the Protestant Religion, and for the Good of Mankind, may be blessed with Success, suitable to Your Majesty's Generous and Pious Intentions: And that Your Majesty's long and happy Reign here may be crowned with Everlasting Happiness hereafter, shall be the fervent as well as daily Prayers of, May it please Your Majesties, Your Majesty's most Dutiful, most Loyal, and most devoted Subject, R. COX. TO THE READER. SInce Ireland is reckoned among the Principal Islands in the World, and deserves to be esteemed so, (whether you consider the Situation of the Country, the Number and Goodness of its Harbours, the Fruitfulness of the Soil, or the Temperature of the Climate); it is strange that this Noble Kingdom, and the Affairs of it, should find no room in History, but remain so very obscure, that not only the Inhabitants know little or nothing of what has passed in their own Country; but even England, a Learned and Inquisitive Nation, skilful beyond comparison in the Histories of all other Countries, is nevertheless but very imperfectly informed in the Story of Ireland, though it be a Kingdom subordinate to England, and of the highest importance to it. This could never be so, if there were extant any complete or coherent History of that Kingdom; which indeed there is not, those relating to the Times before the Conquest, being Fabulous; and those since, but Scraps and Fragments. As for those Histories that treat of the Times before the English-Conquest, Doctor Keatings is the best, and is exceedingly applauded by some that did, and others that did not know better: Prospect in Pref. 13. Peter Walsh thinks 'tis the only complete History that we have of all the Invasions, Conquests, Changes, Monarches, Wars, and other considerable Matters of that truly ancient Kingdom: But after all, it is no more than an ill-digested Heap of very silly Fictions. And P. W's Prospect, which is in effect the Epitome of Keating in English, with all the Art he could use to polish it, will never pass for more than an Utopian Achievement. And Mr Flaherty's Ogigia must expect the same Fate, though he has shown a great deal of Learning and Industry in methodizing the Story, and fitting a Table of Synchronism to it; which, with small Variation, might serve as well for the History of the Seven. But those Tracts that have been written of later times, have most of them another Fault; they generally writ true, but not observing Chronology; they jumble Times, Persons and Things together, and so confound the Story. Sir James Ware was the first that mended this Error, and is undoubtedly the best Author that has undertaken the Irish History; but he has only the four Reigns of Henry VII, Henry VIII, Edward VI, and Queen Mary. Campion and the rest have but a Scrap here and there, and that itself very imperfectly. And Camden's Annals, Friar Clun's, and others, that were mostly collected by the Monks, are very faulty, and have no coherence; Spencer's View of Ireland is very well, and Sir John Davys his Discourse is better; but both are Commentaries rather than Histories. It must therefore follow, That an Entire and Coherent History of Ireland must be very acceptable to the World, and very useful to the People of England, and the Refugees of Ireland, especially at this Juncture, when that Kingdom is to be re-conquered; and perhaps Time may produce such a one. But as no Body was born a Man, but by degrees increased from his Childhood, so you must not expect all the Perfection in the first Edition, which Time and better Information may produce in a Second. In the mean time this Collection will give you such a Scheam and Idea of the Irish Affairs as will be useful to you, till you can get a better. I will not pretend this Collection is free from Mistakes, no wise Man will expect that, for be that Copies after others (as Collectors of Histories must do) cannot always be sure he writes Truth; Who is so Skilful (says Cambden) that struggling with Time, in the foggy dark Sea of Antiquity, may not run upon Rocks? And whoever writes an Irish History, must (to make Coherence) sometimes, conjecturis venari, as Sir James Ware says; But I assure the Reader, There is no wilful Prevarications herein, and that if I discover any Mistakes at all, I will at the End of the Book (or by new Sheets, which may be bound up with it) publish the correction of such Mistakes, as soon as conveniently may be. And now perhaps the Reader expects I should bespeak his Favour: But I am far from being solicitous about the Reception this Book will have in the World; for either the Censurer could do it better, and then ●e should have done so, and not like a Dog in a Manger, hinder others and do nothing himself; or he could not do it better, and then by censuring me he will but proclaim himself an envious Coxcomb; for none but such will find Fault with that which they cannot m●nd: In a Word, the Censure of Fools or conceited 〈◊〉 can do me no Prejudice, and the Wise and the Learned will be more Just and Ingenuous than to reward the great Pains I have taken (in collecting and methodizing this perplexed History) with any thing that is Censorious or unkind. But how ungrateful soever the Reader may be to me, I will nevertheless give him the best Help I can to understand the Irish History, which he can never well do, without penetrating into the true Causes of those innumerable Feuds, Wars and Rebellions that have been in that Kingdom; most of which, I think, were founded on those great Antipathies which were created by Difference in Nation, Interest or Religion. The Difference of Nation concerned the Irish on one side, and the British on the other; for the Scots, though some of them were extracted from the Irish, yet only such as sympathized with them in Language, Manners, Customs, Religion and Interest, were accounted Irish, as Mac Donald, Mac Connel, etc. and the rest who communicated with the English in those five Particulars, are reckoned as such, and justly comprehended under the Appellation of British. As for the English, they are undoubtedly a mixed Nation compounded of Britons, Danes, Saxons and Normans: And some think the Irish are also a mingled People of Britons, Gauls, Spaniards and Easterlings, and therefore called Scots, i.e. an Heap: And 'tis certain they are at this Day a mixed People, if it were for no other Reason, but that there is hardly a Gentleman among them, but has English Blood in his Veins; However, the Irish Antiquaries do Assert, That the Irish are a pure and ancient Nation, and they derive their Pedigree through the famous Milesius, and by their Father Gathelus are descended from Feinsa Farsa, and other great Emperors of Scythia; and by their Mother Scota they were extracted from the mighty Kings of Egypt: But the Jest of it is, That since only two Sons of Milesius came into Ireland, (viz.) Hiber and Herimon, with about three thousand Soldiers, if all the Irish are of the Race of Milesius, it must follow, That those two Sparks were Patres Patriae, in a literal Sense, and be got Children for the whole Army; but however that be, it is certain there were great Antipathies between the Irish and English Nations, as usually there is between the Conquerors and the Conquered; but by degrees the English grew so much in love with the Despotic Power of the Lords, and the Licentiousness of the Commons, that they insensibly degenerated not only into Irish Customs, Habit and Manners, but also assumed Irish Names, as Burk Mac William, Fitz-Stephens Mac Sliny, Courcy Mac Patrick, Hodnet Mac Shery, Barry Mac Adam, Birmingham Mac Pheoris, and many others; so that this Difference of Nation was on the old English Side designed to be buried in Oblivion. But the Irish would not be so served, for they considered the first Conquerors but as unjust Intruders into, and usurpers of other Men's Estates, and therefore they expected some favourable Opportunity one time or other, to get rid of them; though for the present they were necessitated to join with them; and therefore they carefully kept up the distinction of Nations, and by no Laws or Allurements could be brought to part with their Language or Habit, or even the most of their barbarous Customs; however, the secret of this design was not divulged, until O neal, in his Triumphs to Munster, blabbed it out; for being told, That Barret of Castlemore, though an Englishman, was a good Catholic, and had been there four hundred Years; he replied, That he hated the Clown as if he had come but Yesterday. Since that we have many more Instances of it; and that this Antipathy has extended itself even to English Cattle and Improvements. It was another O Neal that said, It did not become him to writh his Mouth to chatter English; Irish Stat. 233. and that executed a Soldier because he had English Biscuit in his Pocket. Sullevan, 67 O Sullevan tells us, that from 1168. to the Apostasy of Henry VIII, the English, though Catholics, by continual Tyranny and Rapine destroyed the Discipline of Church and State; and (fol. 67.) that the English were Irreligious, Inconstant and Heretical, being in Dioclesian's Persecution Apostates, afterwards Arians, than Pelagians, than Heathens, than Idolaters, than Murderers of S. Thomas of Becket, and than Protestants: in a Word, wherever they dare do it, they do not spare to asperse the English Nation and Government with most Malicious and Opprobrious Accusations; and whoever considers, That the Bishop of Clogher did so purge his Ulster-Army, that he would not suffer any Papist to be in it that was of English Extraction; and the Advice of Mr. Mahony, in his Disputatio Apologetica, Not to make a Priest of English Race, nor to trust any that are so: Whoever, I say, considers this and the true Reasons of it, will easily be convinced, That the Old English and the Old Irish will one Time or other split upon the old indelible National Antipathy. As to the second (viz. Interest) it concerns the Irish and the Old English, both of which have Inteterests incompatible with the New English; For when the English Lords usurped Irish Arbitrary Power, as aforesaid, and the Commons (being made Vassals to their Lords, and holding their Properties but precariously) fell naturally into Licentiousness, to the Ruin of the Commonwealth; The Duke of Clarence, in the Reign of Edward III, thought to cure this Malady, by resuming those Palatinate Jurisdictions and other great Privileges those English Lords had so enlarged and abused, whereupon the Earl of Desmond broached the distinction between the English of Blood and the English of Birth; and the former did not only confederate together, but also brought in the Irish to their Assistance, and Gosiped, Fostered, Married and Incorporated with them, so that the Government was obliged to relax their intended Severity, and to let these old Englishmen lord it as they pleased, till a better Opportunity should be offered for the intended Resumption. However, from henceforward, the Old English and Irish kept a Correspondence, and upon the Reformation, became more firmly united by the common tye of Religion; and under Pretence of defending Religion, and their usurped Jurisdictions, they were found together in many Rebellions, and their Estates confiscated, and given to the new English; so that they are united in a common Interest, to recover their forfeited Estates, if they can; and when that is done, the Irish have their particular Interest apart, to recover their old Estates from the first Conquerors or Intruders. As for the third, (viz. Religion) I need not explain the Irreconcilable Antipathy that is between the Roman Catholic Religion and Heresy, or between true Religion and Idolatry; the Differences of Nation and Interest may be suspended, lessened, ay, buried and annihilated, but there is no Reconciliation to be made between God and Mammon: This great concern has so silenced all the rest, that at this Day we know no difference of Nation but what is expressed by Papist and Protestant; if the most Ancient Natural Irishman be a Protestant, no Man takes him for other than an English-Man; and if a Cockny be a Papist, he is reckoned, in Ireland, as much an Irishman as if he was born on Slevelogher; the Earls of Insiquin and Castlehaven are Examples hereof, the one being of the best and ancientest Family in Ireland, was yet the beloved General of an English Army; and the other being the second Baron of England, was Commander of the Irish Forces. There is also another Difference in Religion between the Episcoparians and the Dissenters; which last are branched into several Sects; but it is not at all or very little taken notice of in Ireland, because they do really manage this Affair more prudently than some other more celebrated Nations, and sacrifice these petty Feuds to the common Interest of opposing Popery. And that these Distinctions may appear to be neither trivial nor merely Notional, it will be necessary to give Instances of these several Factions, in the late Irish Wars; and first there was an Army of all mere Irish (not an English Papist among them) commanded by the Bishop of Clogher, and another of mere English (all Papists) under General Preston. And secondly, There was an Army of Old English and Irish, under the Lords Mountgarrat, Taaf, etc. and an Army of New English, commanded by the Earls of Ormond, Insiquin, etc. And thirdly, there was an Army of Papists under the Nuntio, and an Army of Protestants, commanded by the Marquis of Ormond. But how stand these great Differences at this Day? Why truly worse than ever, for as to the first, Whereas the Old English were heretofore on the British side in all National Quarrels, they are now so infatuated and degenerated, that they do not only take part with the Irish, but call themselves Natives, in distinction from the New English; against whom they are (at present) as inveterate as the Original Irish, though perhaps Time may open their Eyes and rectify that Error. And as to the Second, whereas at Queen Elizabeth's Death the Protestants had not above a fourth part of the Kingdom; the Escheats in Ulster, in King James his time, and the Act of Settlement since, has given them two fourth's more, so that now they have three Quarters of the whole, and thereby more Irish are disobliged than were formerly; and their Loss is greater, and consequently their Interest to regain it is larger and more pressing than it was in former Times. As to the third (viz. Religion) it's certain, the Papists were never so enraged at the Northern Pestilent Heresy as of late they have been; and the Folly, Insolence and Cruelty of these last seven Years, has justly rendered Popery more odious than ever to the Protestants. But was there no way to secure Ireland without Sanguinary Laws and Inhuman Persecutions? Yes sure, if People would in time have set themselves to repair the State of Ireland, as the Jews under Nehemiah did to re-edify the Walls of Jerusalem, viz. every one build over against his own House, the Matter had been easily and quietly accomplished, for the formidable Bulk of Irish Papists were, for the most part, Servants or Tenants to Protestants, and of their breeding up; and if the English would have sacrificed a little sordid Profit to the Public Good, and have countenanced and indulged Protestant Servants and Tenants instead of Papists, a very few Years would have put themselves and their Religion out of Danger: But at this Day the Provocations are carried so high, and the Irish have abused the English to that degree of Barbarity and Ingratitude, that it will be hard to persuade the Protestants to trust them again, or to live neighbourly with the many more. Nevertheless, since Extirpations are Cruelty in the Abstract, and odious to Human Nature, there must be a Method found out to preserve the Bulk of that People, and make them serviceable to the Government; which will not be practicable, unless first the Raporees are severely corrected for their past Enormities▪ and afterwards strictly kept in Obedience. And perhaps it may be very useful both to the Reduction and Settlement of Ireland, to make a Difference between those Papists that are of English Extraction & those that are not; for although at this Day they would laugh at the Distinction, yet upon the first considerable Baffle they meet with, they will certainly leap at the Qualification. In the mean time it may be demanded, How it comes to pass that the Papists in three Years have more weakened the Protestants of Ireland in Quantity, Quality and Estate, in a time of Peace, and the Law on their side, than the Protestants could weaken them in forty times that space? But the Answer is easy, That the Protestants are obliged to Rules of Charity and Forms of Justice, which whether others observe or not will be manifest by what they have done; for whereas it is most consonant to Reason, Law and the Polity of that Kingdom, that the small Colony of British, in a conquered Country, should be protected against the numerous Natives by an Army of their own Nation and Religion, and so has it been practised for five hundred Years, and ought rather to be now, because a Protestant Parliament gave a great yearly Revenue to that very End, most part of which was also paid by Protestants: Yet have we seen all this Reason, Law and Polity subverted, and that Army disbanded with Circumstances as bad as the Fact, and Enemies introduced to guard us against themselves, and Mountaineer garrisoned within those Walls, that were purposely built to keep them out. And whereas the Force of the Common Law is resolved into Trials by Jury; was it not a subversion of the Common Law, in a Country where Perjury is so frequent, that Irish Evidence is become proverbially scandalous, to make Judge, Sheriff, Jury, Witnesses and Party all of a sort, what Justice a Protestant could expect in such a Case, may appear by those notorious Murders and other great Crimes that have passed unpunished: And by those many hundreds of Protestants, who without Colour, or Circumstance of Truth, have been impeached for Treason, Seditious Words, Nightwalking or Unlawful Assemblies, etc. And as if all this was not enough, unless they entailed these Miseries upon the Protestants, and even legitimated them by Act of Parliament, they have in order to that, seized upon all Corporations, and dissolved them, on forged or frivolous Pretences, in so precipitate a manner, that they did not allow competent time to draw, much less to review the Plead; they reversed the Outlaries of the Popish Lords, and projected to call their eldest Sons by Writ, and so made themselves sure of both Houses of an Irish Parliament. But alas, these Complaints are drowned in greater, and the Insolence and Barbarity of the Raporees is not to be expressed; it was tolerable whilst the Protestants suffered under Pretence or Forms of Law, but when these Wolves were let lose, the English were plundered of all they had at Noon Day, in the face of the Sun, in Times of Peace, and without Provocation; and (which was a greater Aggravation of this Crime) it was done in many Places by the Servants and Tenants they had kept from starving, and the Neighbours they had most obliged; so that the Protestants of Ireland are entirely ruined by an ungrateful People themselves had cherished and supported. But to proceed. I have been curious to give the Vice-Roys of Ireland their proper Titles, and yet I am not sure that I am always exact, nor is it of any great Importance whether I am or no, since their Power is measured by their Commission, and not by their Denomination. And although I have gathered many Materials towards a Second Part, yet it will be some time before I can publish it, because I shall expect that those generous Persons, that have collected any curious Observations of the Later Times, will either communicate them to me, or command mine; which I will readily part with to any Body that will undertake that Province, it being indifferent to me, so the thing be done, whether it be performed by mending mine or beginning a new Work. AN APPARATUS: OR Introductory Discourse TO THE HISTORY of IRELAND, CONCERNING The State of that Kingdom before the Conquest thereof by the English. IRELAND is an Island seated in the Vergivian Sea, on the western Side of Great Britain, next to which it is the biggest Island in Europe; it extends from North to South about three hundred English Miles in length, and it is one hundred and eighty of the same Miles broad, from East to West, in some Places more, in some less; it contains above ten Millions and a half of Plantation (which is near seventeen Millions of English) Acres of Land, so that it is four time as big as Palestine, and holds Proportion with England and Wales as 17 to 30. The Country is not at all inferior to England for Number or Goodness of Harbours, Fertility of Soil, Plenty of Fish, both in the Fresh and Salt Water, Fowle, Wild and Tame, and all Sorts of Flesh, Corn and Grain, and every thing else necessary for the Life of Man, saving that in some of these England has got an Advantage by Improvement and good Husbandry: The Irish Rivers are both more numerous and more Clear; the Shenin is bigber than the Thames, and might be made Navigable almost two hundred Miles; the Air indeed of England is more serene, and consequently more hot in Summer, and more cold in Winter; nevertheless, that Ireland is the healthier Country, may be argued from hence, That seldom any Pestilential Disease rages there, and no part of that Kingdom is so unhealthy as the Fens of Huntingdon, Lincoln and Cambridge Shires, the Hundreds of Essex, or the Wild of Kent; and it may be expected, That as the Bogs are drained and the Country grows Populous, the Irish Air will meliorate, since it is already brought to that Pass, That Fluxes and Dissenteries (which are the Country Diseases) are neither so ri●e nor so mortal as they have been heretofore. Things most observable of that Country are, That nothing venomous will live in it; there are Spiders, but not poisonous. Ireland breeds the largest Greyhound in the World, they are called Wolf-Dogs, and will dwindle and grow much smaller in two or three Generations in any other Country. The Irish Hawk is reputed the best in Europe; and the Irish Hobbies or ambling Nags can hardly be matched; nor do any Seas abound with Pilchards more than the Southern Irish Sea; it is very rare to have an Earthquake in Ireland, and when it happens it is portentous; there are a thousand Lies reported of wonderful things in Ireland, but the only extraordinary thing I can aver true, is the strange Quality of Logh neigh, that turns Wood into Stone, and I myself have seen a Stick taken out of that Logh, whereof half remained Wood, and the other half was petrified. Who were the Aborigines or first Inhabitants of Ireland, it were in vain to guests, for the Irish Historians are of no Credit in this Matter, the very Truths they writ do not oblige our Belief, because they are so intermixed with Impossible Stories and Impertinent Tales, that it is exceeding difficult to distinguish which is the History and which the Fable; and Sir James Ware gives the true Reason of this Imperfection, Quia Opera sunt posterior' seculorum: And that you may not say, That this is but one Doctor's Opinion, I will call in Mr. Stanihurst, who pag. 55. assures the Reader, That in the Irish Histories, Nil certis authoribus comperiet a quibus instructior esse queat. Another tells us, That the Irish Histories are fraught with Lewd Lies and idle Genealogies, & quicquid Graecia Mendax audet in Historia. Cambrensis informs us, That the Irish Histories were, diffuse, inordinate, magnaque ex parte, & frivole rude quoque & agresto stylo congestae. Holingshead affirms, That when he came to consider the Irish Histories, he found himself so unprovided to set down any particular Discourse of Ireland, that he was in Despair to write any thing at all concerning it. Ware's Annals, 20. Sir James Ware asserts, That they were either fabulosae or fabulis mixtae. usher's Religion of the ancient Irish, 92. Sullevan, f. 1 And even Philip O Sullevan himself (of whom Primate Usher gives this true Testimony, That he was as egregious a Liar as any in Christendom) confesses, That the Irish Affairs were caligine altissima mersae, & a nemine satis Latino Sermone celebratae. Polybius affirms, That the Regions North of Narbon were utterly unknown, and what is reported of them is but a Dream; and indeed it is probable, that nothing beyond Hercules' Pillars was known to that Age: But if after all this, any Body be so obstinate as to dispute this Point, I desire him to read Doctor Keating's History of Ireland; and if that does not convince him, nothing can: But if we may be permitted to guests at things so obscure, I should think, That the World was inhabited by degrees, and from the adjacent Countries, Asia peopled Graece, Graece Italy, Italy France, and France England; and therefore it is rational to believe, That England peopled Ireland, 4 Inst. 349. being the nearest Country to it, especially in those Days when the Art of Navigation was so little understood, that Fleets neither did nor could transport a Colony sufficient to plant that Island from any Country more remote, their Custom being to sail only by the Shoar, and so coast it along; Verstegan, 36. which made Hiram three Years in his Voyage: Some Welsh Words in the Irish Language, and some Customs used among the Britons, particularly the Bards and Druids, and many other Circumstances do enforce this Argument: And besides these Britons, the Belgae & Danonii (Inhabitants of the west of England, being Conquered by Vespasian) fled into Ireland, Suetonius, c. 4. and settled there; which gave occasion to the fruitful Fancies of the Irish Historians to forge all those ridiculous Stories which they have published of the Firbolgs and Tuah-de-danans. Perhaps some Spaniards and more Gauls, ay, and some of other Nations, Danes, Norwegians, Oastmen, etc. might, in small Numbers, by Accident or Design settle themselves in Ireland; and therefore the Irish being a mixed People might be called Scots, i. e. acerva, Divi Britaniei. (a Heap) implying, That as a Heap consisted of many Grains, so the Inhabitants of Ireland were compounded of many Nations. But however that be, 'tis certain, That most of the Original Inhabitants of Ireland came out of Britain; so says Mr. Flaherty in his Ogigia, pag. 12, Cambden, 2, 120, 124. and 171. Cambden is of the same Opinion, and Ireland was anciently called a British Island by Dionysius Afer, Pliny, Catulus and Polybius, etc. It is certain the Religion and Manners of the Irish and Britons did not differ much, Cambden 11. And their Language did very much agree. Ib. 121. The Irish use the Saxon Character to this Day, and their use of Bows and Arrows, [b] Spencer, 35. Bolyes, [c] Ib. 36. Mantles and [d] Ibid. 41. Glibbs are all derived from the Britons, and so are the Bards and Druids aforesaid; their Custom of Gavelkind was British in the Original, Ware de antiq. 10. and the brigants of Ireland are undoubtedly the Progeny of the brigants of England. As for the Irish Language, how much soever some of the Bards do brag, That it is a Pure and Original one; yet it is so far from that, that it is the most compound Language in the World, (the English only excepted) it borrows from the Spanish Com estato, i. e. how do you, etc. from the Saxon the Words Rath and (Doon, i. e. Hill) and many more: From the Danish many Words; from the Welsh almost half their Language: Hanmer, 11, 12. Doctor Hanmer gives us a Catalogue of Words common to both Nations; to which may be added, Inis, Glass, Caashe, Glin, Yerla, Drum, etc. From Latin they derive all their Numeral Words, unus hene, duo dwo, tres three, quatuor cahir, quinque quooge, sex she, septem shoct, octo ●oct, novem ne, decem degh; and they reckon as the Latins do, one teen, two teen, undecem henedeag, duodecem dwodeag, and not as the Englsh do, eleven and twelve: The Words sal, arigut, cabul, aun, aunum, corp, mel, lower, scribnor●, over, etc. are mere Latin; the Days of the Week are also mere Latin, die Downig dies Dominicus, dy Lune dies Lunae; so die Mart dies Martis, and die Saturn dies Saturni. All things that were not in use among them formerly are mere English Words, as cotah, dubelete, hatta, papere, ●otis●y, breesty, and abundance more. Holingshead f. 13, makes too satirical an Observation, That there is no Irish Word for Knave; but I will conclude this Paragraph with this Remark, That Ulster has the right Phrase, but not the Pronunciation, Munster has the Pronunciation but not the Phrase, Leinster has neither, but Connaught has both. As for the Government of Ireland, it is not to be doubted but it was governed by Kings, but they were such as the Indian Kings in Virginia, or the Lords of Manors in England, King of Ophaiy, King of Limerick, King of Cork, Prince of Carbry, Prince of Colly, Prince of Inisowen, etc. The Monarch himself had but what he could catch, and was rather Dux Ducum or Dux Belli, than a King: It would be ridiculous to search for the Bounds of their Territories, which were every Day altered by Force, so that every Principality was enlarged or diminished according to the Power and Fortune of him that held it: These Kings or Monarches were neither Anointed nor Crowned, nor inaugurated by any Ceremony; they did not succeed either by Descent or Election, but by pure Force, so that the Title of most of them is founded on the Murder of his Predecessor; hereupon the Irish Procurator General P. W. is forced to confess, Prospect, 75. That never any Nation upon Earth anneered the Milesian Irish in the most Unnatural, Bloody, Everlasting, Destructive Feuds that have been heard of: Feuds (says he) so prodigiously Bloody, that as they were first founded, so they still increased and continued in Blood, from the Foundation of the Monarchy, in the Blood of Heber, to the Murder of the penultimate Monarch Muirehiortah Mac Neil; Feuds continued with the greatest Pride, most hellish Ambition and cruelest Desires of Revenge, and followed with the most horrible Injustices, Oppressions, Extortions, Rapines, Desolations, Perfidiousness, Treasons, Rebellions, Conspiracies, Treacheries and Murders, for almost two thousand Years. He proceeds and says, Ibid. 76. That we never read of any other People in the World so implacably, so furiously, so eternally set upon the Destruction of one another; he tells you of six hundred Battles fought cruelly and unnaturally by Men of the same Country, Language Lineage, and Religious Rites, tearing out the Lives of one another for Dominion or Revenge; and that one hundred and eighteen Irish Monarches were slaughtered by their own Subjects, whereof ninety four were murdered, and of them eighty six were succeeded by the Regicides, among which he finds one Brother and one Son; if this be so, Prosper con. Collat. c. 41. Prosper had good Reason to call Ireland, The Barbarous Island; and the Irish have as much Reason to thank God and the English, for a more Civil and Regular Government exercised over them. Nor were their Laws better than their Governors, it was not written Law, no, digested or well-compiled Rule of Right; no it was only the Will of the Brehon or the Lord. They pretended to certain Traditions or Customs, which they wrested and Interpreted (as they do Traditions in Religion) to byends, and to serve a turn. The manner of deciding Controversies was equally ridiculous with the Law they judged by, Ware de antiq. 42. for the Brehon used to sit on a Sod, or Turf, or a Heap of Stones, on the top of a Hill or rather a Mountain, without Canopy or Covering, and without Clerks, Registers or Records, or indeed any Formality of a Court of Judicature. Every Lord had one of these Arbitrary Brehons', who to be sure took Care not to disoblige his Patron; the greatest Crimes (as Murder and Rape) were not punished otherwise than by Fine, whereof the Brehon had the eleventh Part for his Fees, and Robbery and Theft were not counted Offences at all, if done to any Body but their Lords own Followers: They reckoned all such Stealths to be clear Gain, and built Castles on Isthmus' and other inaccessible Places, purposely to secure such Prey and Plunder as they could get, and he was esteemed the bravest Man that was most dextrous at this Sport of Plundering and Cow-Stealing. Nor is this thievish Spirit yet banished that Nation, nor perhaps never will be as long as there is a Raporee in it. Among their Laws may be reckoned the Customs of Tanistry and Gavelkind; Tanistry was a barbarous Custom, which (like Alexander's Will) gave the Inheritance to the Strongest; for though the Custom be pleaded to be (seniori & digniori puero) yet 'tis certain, Seniority was little regarded, but for the presumption that it was accompanied with Experience and Policy; and therefore when it was divested of those Circumstances, the younger Brother proved the better Man; this Custom was the occasion of many Murders, and of frequent Civil Wars in almost every Family; and so keeping the Succession uncertain, Davis Reports, Case de Tanistry. and the Possession precarious, it was the greatest Hindrance of Improvement that could be, and therefore was justly abolished by Judgement in the King's-Bench in Ireland, in Hillary Term, 3 Jacobi 1. This Custom was founded upon the Necessity of those Times when Ireland was very ill governed, and every petty Lord and Power of Peace and War; for if a Child or Woman should then possess a Seignory, it would certainly be exposed to the Rapine and Incursions of its circumjacent Neighbours. And it was this Custom of Tanistry which made the Irish seek to be Popular; and to that end were Hospitable even to Profuseness, and above all things coveted an outward Appearance, thereby to attract the Admiration of the Vulgar, and increase the number of their Followers and Abettors. Gavelkind was yet a more silly Custom than the other; Davis Reports. and it was, That when any one died, all the Possessions of the whole Family were to be put together (or in Hodgepodge) and to be anew divided among the Survivors, by the Caunfinny or Head of the Family, who admitted Bastards, but excluded Daughters and Wives; so that it differed from Kentish Gavelkind in five Particulars, 1. The Kentish Gavelkind admitted only the next of Kin, as Sons, Brothers, etc. but the Irish admitted the whole Race or Sept. 2. The Kentish Custom excluded Bastards. 3. It allowed Wives Dower. 4. It suffered Daughters to inherit for want of Males. 5. It divested no Man's Freehold during his Life; whereas the Irish Gavelkind deprived the Party of his Freehold upon every new Division: And this is the true Reason why the Irish, though never so Poor, will not learn Trades nor turn Mechanics, because it degrades them from their Gentility: And the Caufinny would scorn to admit such a one to any share of the Estate, since he had as it were abdicated his Family by doing a thing beneath a Gentleman. Moreover this uncertainty of their Possession hindered Improvement, encouraged to Rebellions and Felonies, and therefore was also abolished by Judgement of the King's Bench, 3 Jacob. 1. But it is observable, as their Brehons' had their Offices by Descent and Inheritance, so also had their Physicians, Bards, Harpers, Poets and Historians; and therefore since ex quovis Ligno non fit Mercurius: We may be sure, That some of these Hereditary Judges and Doctors were but very sad Tools, and perhaps all of them will justly fall under Suspicion, unless their Advocates can show some Ancient, Learned Tracts in Law or Physic that might remain as Monuments on Record, That at least some of them were learned in their Professions. Nevertheless, it must not be denied, but that there was a time when many Learned Men were by Persecution driven out of their own Countries and flocked into Ireland, so that Ireland seemed to be a Mart of Learning, and was for a short time frequented on that account, no less than Athens heretofore; and if we believe our Authors, there were seven thousand Students at Armagh at one time, and vast Numbers besides at Ross, Carbry, Lismore and Clonard: But as this Learning was confined to the Religious Houses, so it declined with them; and as the Monks increased in Superstition and Sloth, so they decreased in Learning and Knowledge; and when the Doctors of other Nations had Liberty to return home, Ireland soon returned to its former Ignorance, so that long before the English Conquest, there were hardly any Footsteps of Learning left in that Kingdom; and to this Day, very few of the Irish aim at any more than a little Latin, which every Cow-Boy pretends to, and a smattering in Logic, which very few of them know the use of. As for the Riches of the Irish Nation before the Conquest, certainly they were very inconsiderable, for though Sir James Ware mentions, That they had a Crown of Gold, and Jewels, and Gold Rings; which may be True, (though I doubt it, because the Irish Kings were never crowned) but however that be, it is certain their Wealth consisted in Cattle, and those none of the best, insomuch that even since the Conquest they paid the King's Revenue in Cows for want of Money; and yet it may be true that they might have some Money (tho' very little) brought in by the Oestmen; but it is certain they never coined any themselves; And indeed it is impossible they should be Rich, since they had little or no Traffic with any other Nation, neither had they any Artificers at home that could support a Trade abroad: Perhaps they had but few other Kind's of Mechanics except Weavers, Cotners, Tailors, Broge-makers and Smiths; Hats and Saddles came into use but of late; and the Irish Carpenters and Masons must not be mentioned, Davys, 155. since Sir John Davys assures us, That the Irish never did so good a thing as to build a City; and indeed it is manifest, That all the considerable Towns and Piles in the Kingdom were built by, Ware, 110. others and not by the Irish, Dublin, Co●●, Limerick, Wexford and Waterford were built by the Oestmen, and Galway was built by the English, and is inhabited by Englishmen only to this Day, viz. the Burks, Frenches, Bodkins, Lynches, Kerevans, etc. the Castles of Ardfinin, Nenagh, Lismore, Tybrack and Limerick, were built by King John; Castledermood, Castlederwagh, Kilkea and Leighlin by the Lacies; Ferns, Sligo, Traly, Geshil, Adare, Askeaton by the Fitzgiralds; the Greyfriars at Leighlin, Ballymarter, Ardtully, Lixnaw and Macrome by the carew's; Philipstown and Mariburgh by Bellingham; Athenry by Birmingham; Green-castle, Castle carbry, Athassel, Carlingford, Castleconnel, Loghreagh and Portumny by the Burks; Kilkenny by Ranulph Earl of Chester; Castle of Kilkenny by the Earl of Ormond; Thomastown by Thomas Fitz-Antony; Ross and Caterlogh by Isabel Daughter of Strongbow; Carrigfergus was walled by Sir Henry Sydny, Lord Deputy; Castle Island in Kerry was built by Geofry de Marisco, as Tymoleague Castle was by Barret, and Trim by William Peppard; the Town and Castle of Roscomon, and the Towns of Clonmel, Youghal, Bandon, Londonderry, Coler●in, Kingsale, Carrik, Athy, etc. were likewise built by the English, and so were most of the Abbeys and Cathedral Churches, as you may read at large in Sir James Ware's most excellent Treatise de antiquitatibus Hibernia. The first Pile of Lime and Stone that ever was in Ireland was the Castle of Tuam, built anno. 1161 by Rotherick O Connor, the Monarch, and for the rarity called Castrum Mirificum, for when O Morgaire, Archbishop of Armagh, began to build a Church of Stone, such as he had seen beyond Sea, the Irish upbraided his Pride and despised the Novelty, and laughed at his Folly, to undertake a Work so much beyond his Ability, unde tibi pauperi sumptus ad perficiendum (say they), but what need more be offered in this Matter, than that Taragh was the Seat of the Monarch, and the old Head of Kinsale was the Residence of Sovercy King of half Ireland; but neither Place has the Ruins of any thing like a Palace, nor is the old Head a situation fit for a private Gentleman, much less for a Prince. Their Building in those Days, even of their Castles, was no other than Turf or Watles plastered over. Cambrensis, c. 11. Nor did Henry TWO find any thing better in Ireland, nor Artificers that could make better. As for the Christian Religion, it was introduced into Ireland very early, and the Testimony of Prosper (That Paladius being ordained by Pope Celestine, was sent to the Scots believing in Christ) does manifest, That the Scots, i. e. Irish, did believe in Christ before Paladius came: Bishop of S. Asaph, 84, 85. And accordingly the Irish Tradition runs, That they had Churches form under Bishops Kiaranus, Ailbeus, etc. before Paladius or S. Patrick; and that they founded Bishoprics too at Ossory, Lismore, Ardmore and Beckerin; however it must be allowed, Ibid. 51. That S. Patrick, who succeeded Palladius, was the Person that had the good Fortune to convert the Body of that Nation to Christianity, but he was so far from bringing them to Popery, that they owned no Jurisdiction the Pope had over them, but differed from the usage at Rome both in Tonsure and in celebrating the Feast of Easter, and were therefore counted Schismatics by the Romanists; and although at this Day their Religion (as my Lord of Orrery words it) is something that pin's them upon the Pope's Sleve, Lord Orrery's answer to P. W. yet in the beginning it was not so, but their Religion was pure and Orthodox. And the Learned Primate Usher has sufficiently proved, usher's Religion of the ancient Irish. That for Substance it was the same which the Protestants now progress; and first he citys Sedulius and Claudius (both Irishmen) affirming in effect, That Scripture is the Rule of Faith; and he instances in the Successors of Columkille, and in Bishop Aidan, That they and their Company spent their time in searching the Scriptures; he quotes the Testimony of S. Chrisostome and Bede, That they had the Scripture in their Mother-Tongue; and he gives you the Opinion of S. Patrick, That continual Meditation of Scripture adds Vigour and Vegetation to the Soul; and the Saying of Columbus, sint tibi divitiae divinae dogmata legis; by the Example of Furseus, Kilianus and Bitihildis he proves, That Children and Women did study the Scriptures; and he produces many Instances wherein Sedulius and S. Patrick differed from the Rhemish Translation and the Vulgar Latin; and shows, That all preferred the Original before any Translation whatsoever. As for Apocrypha, though it was often cited by them with Reverence and Respect, such as was given to the Writings of the Fathers and other good Men, yet since they also cited the fourth Book of Esdras in the same manner (which the Romanists deny to be Canonical) it will follow that this Argument proves nothing, or proves too much. But to make the Matter more clear, he citys Marianus Scotus (born in Ireland 1028.) and the Author of the Book de Mirabilibus Scripturae, (who was also an Irishman) and they do expressly exclude out of the Canon of Scripture those Books we call Apocrypha. In the next Chapter the Primate quotes Sedulius and Claudius for the Protestant Doctrines about freewill, Predestination and Justification; and illustrates the Doctrine of Justification by this plain Simile, viz. As the Eye only sees, yet if separated from the Body cannot see, so Faith alone justifies, yet if it be alone (that is, if it be separated from good Works) it cannot justify, because saving Faith is always a fruitful Faith; he shows that S. Patrick and Paladius opposed and confuted the Errors of Pelagius and Celestius about the Grace of God, and both Claudius and Sedulius affirmed, That no Man is without Sin, except the Man Christ Jesus, and that there is no Perfection in this Life, and whatsoever Men have from God is of Grace, because they have nothing of due. The third Chapter treats of Purgatory and Prayer for the Dead; and first he shows the Cheat of S. Patrick's Purgatory, which that good Man never dreamed of, his Treatise de tribus habitaculis relates to Heaven, Earth and Hell▪ and has not the least mention of Purgatory, it was a later Invention of the Monks, and so firmly believed by their Votaries, that S. Caesarius a Germane Monk has the confidence to advise all those who doubt of Purgatory, to go to Ireland (to S. Patrick's Purgatory, in Loghdirge) and he shall be convinced: And Doctor Tyrry assures us, That it is famous over all Europe; but O Sullevan has gone farther, Sullevan, 23 and in his Catholic History of Ireland has given us the description of the Rooms and Furniture in this Purgatory, and the several sorts of Punishments inflicted there; and has acquainted us with the Methods of getting in and safely getting out again: But after all, this has proved the most fulfom Cheat that ever was imposed on Mankind, and being about the Year 1636 digged up, by the Order of the Lords Justices, this Purgatory was found to be a small Cave under Ground, where the Damps arising from the Earth, so influenced crazy Melancholy People, as to make them dream or fancy whatever they were beforehand told they should see. But to proceed, the Primate quotes the Saying of Sedulius and the Canon of an ancient Irish Synod, That after this Life, either Life or Death succeedeth; and that Christ has loosed our Gild and finished our Punishment: He shows the Forgery of a story on S. Brendan, inserted into the new English Legend, but not to be found in the Ancient Manuscript: He observes, That the Oblations made for the Dead, in former times, were Sacrifices of Thanksgiving and not of Propitiation, because they were made for such as they were confident were in Heaven, as for S. Brendon, etc. And he concludes with the Saying of Claudius and Colombanus, That when we come to the Judgement Seat, neither Job nor Daniel, nor Noah can entreat for any one, but every one must bear his own Burden: To which I add the Saying ascribed by the Synod to S. Patrick, mentioned page 36. He who deserveth not to receive the Sacrifice in his Life, how can it help him after his Death? In the fourth Chapter he citys Sedulius, telling us, That 'tis Impiety to adore any other but God, and reproving the Heathen for Simplicity, in thinking that the Invisible God would be worshipped by a Visible Image; to which Claudius adds, That God is not to be worshipped in Metal nor in Stone: And S. Patrick assures us, That no Creature is to be sworn by, but only the Creator. And as for the Liturgy, there was no Uniformity therein; but several Forms of Divine Service were used in divers Parts of the Kingdom; that the Roman Use began to be introduced by the Pope's Legate in the twelfth Century, and was perfected by Christianus Bishop of Lismore, in the Synod of Cashel, and confirmed by Henry TWO, wherein it was ordered, That all Divine Offices of Holy Church, should thenceforward he handled in all Parts of Ireland, according as the Church of England did observe them. The Word Mass is synonimous to Liturgy, and therefore used for Evening Prayer, but it commonly signifies the Sacrament, being the principle Part of Divine Service; and the Word Sacrifice did import then, what we understand by the Word Sacrament now, and might be either offered to God or given to the People, and not as the Mass is now, wherein the Priest doth all: He farther showeth, that they received the Sacrament in both kinds, and instances Hildmer's Wife and S. Bridget, and her Companions, etc. and particularly that the Popish Legends mention, That one of S. Bridget's Miracles happened when she was about to drink out of the Chalice. He shows, that the Holy Men of those Ages did use the Phrase of Scripture, and called the Sacrament the Body and Blood of our Saviour, because they thought the Impossibility and Unreasonableness of Transubstantiation, would secure Mankind from Mistake; for Christ being alive in Heaven cannot be corporally in the Sacrament, because he is there represented as Dead, and his Body Broken and his Blood Shed, and there is no such thing in rerum natura, for Christ being Raised from the Dead, dyeth no more, Rom. 6. 9 He quotes Sedulius and Claudius, Henry Crump and Johannes Scotus, distinguishing between the Sacrament and the Body of Christ that was crucified. In Chap. 5 he proves by the Epistle of Lanfrank to King Ti●lagh, That the Irish did not use Chrism in Baptism, and by the Testimony of S. Bernard, That the Irish in his time did not understand or did neglect Confession, Confirmation and Marriage; he proves that Confession in former Times was Public, and that Penance was but a Testimony of Penitence, and always preceded Absolution; and citys Claudius to prove, that Sacerdotal Absolution is declarative and ministerial, and not absolute; Sedulius calls Marriage a Gift, but not Spiritual, ergo 'tis no Sacrament; the Synod attributed to S. Patrick, prohibits the Incest of marrying a Brother's Wife (which was the Case of Henry VIII), and Kilianus suffered Martyrdom for dissolving such an Incestuous Marriage, by Gozbertus Duke of Franconia; and that Clemens Scotu● was condemned by the Council of Rome, anno 745, as a bringer in of Judaisme among Christians, by maintaing such Incestuous Marriages, which Cambrensis says were common in Ireland; he proves by Sedulius and S. Patrick, That no Divorces were to be made, except for the Cause of Fornication, and that Coelibacy was so far from being enjoined the Clergy, That S. Patrick's Father was Calphurnius a Deacon, and his Grandfather Potitus a Priest. There was Order taken in the Synod held by S. Patrick, Au●ilius and Isserninus, That the Wives of the Clergy should not walk abroad with their Heads uncovered; and Gildas reprehends the Clergy for corrupting their Children by evil Example; and he proves by the Epistle of Pope Innocent III, That the Sons and Grandsons did use to succeed their Fathers and Grandfathers in Ecclesiastical Benefices. To which I add▪ That this was so true in the See of Armagh, that they feared that Archbishopric would be made hereditary; no less than ten married Men, and some of them not in Orders, succeeding each other in that See, from the Year 966 to the Year 1130, so that S. Bernard says, They were Episcopi but not Clerici. The sixth Chapter shows, That Monks formerly lived by their Labour, and eat their own Bread; they thought Idleness a sin, whereas the later Monks and Friars do rather extort than beg, since their Importunity is so great that no body can deny them, unless he cast away natural shame, as S. Richard of Dundalk affirmed, anno 1357, at the Synod of Avignion; as also that such voluntary Beggary is sinful▪ and was not known in the Church for the first 1200 Years. He shows, That in Fasts they eat nothing at all till Evening, but did eat Eggs in Lent, and Sunday was always excepted from Fasting; and that it is infinitely more Christian to abstain from Vice than from Meats; and that the later is vain, if it be not in order to the former. The seventh Chapter yields many Testimonies of Claudius, Sedulius, etc. That the Church contains the Tares and the Wheat, the Erroneous and the Orthodox; That the Church may be brought so low, that she will seem for a time, as if Christ had utterly forsaken her; that the Enemies of the Church shall be able to do many Juggling Miracles and Lying Wonders; Sedulius warns us against these seeming Miracles, such as Simon Magus his flying in the Air, and says, That the Faith having increased, Miracles were to cease, That Miracles are not a certain Sign of Grace, since many will say, That in Christ's name they have cast out Devils, etc. which yet are not of Christ, Matth. 7. 22. and that Miracles are not to be done in vain. As to the Papacy Sedulius assures us, By the Word Foundation is meant Christ, and that the Apostles (who sometime are intended by that Word) are nevertheless to be accounted the Ministers of Christ and not the Foundation, because, says Claudius, other Foundation can no Man lay besides that which is laid; which is Jesus Christ: Claudius interprets Christ to be the Rock, Matt. 16. 18. but allows Peter a Primacy over the Circumcision; and also avers the like Primacy in S. Paul over the Gentiles; and concludes, That one was not inferior to the other; he says, The Power of the Keys was given to all the Apostles, and so was the Holy Ghost, and that the Church was founded on S. John as well as S. Peter. S. Sachlin says, the Church was built as well on S. Patrick as on S. Peter, and that Christ chose him for his Vicar on Earth; Ardmagh is called the Apostolic City, the Bishop of Kildare is called Summus Pontifex, summus Sacerdos; the Bishop of Cahors in France is styled Papa & Apostolicus; so that these Titles were not peculiar to the Pope in those Days, but were common to him and other Bishops, and promiscuously used to any of them. Chap 8. he tells us, That though Palladius and S. Patrick did receive their Ordination at Rome, and probably▪ were sent thence to preach the Gospel (which Vincentius, l. 8. c. 7. tells us, was planted first in Ireland by S. James) yet they did not come as Emissaries or Agents from the Pope, to promote or establish his Jurisdiction there: Nor did their Success give the Pope any Authority in Ireland, any more than the Apostles that went from Jerusalem to propagate Christianity in other Countries, did thereby give Jurisdiction to the Bishops of Jerusalem over the Places or People they converted; or than the Irish Bishops Aidan and Finan did give their Successors, in Ireland, Jurisdiction over those Parts of Britain they converted; and in this Sense the Reader must understand the Word Emissary postea, pag. 2. And in truth that Universal Dominion the Popes have since usurped, or at least challenged, was not then thought of, neither did the Popes for some Ages afterwards send any Legate or Deputy to exercise Jurisdiction in in Ireland; Gilbertus was the first of that sort that was sent, and he was contemporary with S. Bernard, in the twelfth Century; and therefore although Ireland so abounded with Holy Men, that it was called The Island of Saints, and also had several Archbishops, yet we hear neither of Pall nor Canonization till the same twelfth Century; and the Primate proves, They had Archbishops in Ireland before the use of the Pall was known there; and he shows, That Bishops were sometimes ordained by one Bishop alone; that S. Patrick ordained three hundred sixty and five Bishops, and three thousand Presbyters, and that the Number of Bishops so increased, that sometimes there were two or three in a Town, and some had no certain Diocese at all: Emely was appointed to be the Archiepiscopal See of Munster, and Fernes of Leinster; and S. Bernard testifies, That in his Time the Primate of Armagh did constitute another Archbishopric (perhaps Tuam) subject to the Primacy; whereupon Primate Usher infers, That the Church of Ireland had no dependence upon Rome at that time, since it managed Matters of such great Importance, without consulting the Papacy: He shows further, That in those Days the King, Clergy and People chose the Bishop, and the Pope did not put them in by Provision; and that the Bishops of Dublin, Waterford and Limerick (which Cities were inhabited by Oestmen) used to be consecrated by the Archbishop of Canterbury, and that the Walls and Diocese of Dublin were of equal extent; and that the first Bishop was Donatus, anno 1074: And afterward the People of Waterford erected a Bishopric there. I must not omit the Writ King Henry I. sent to the Archbishop of Canterbury, recited by the Primate, in haec verba, HEnricus, Rex Angliae Radulpho Cantuariens. Archiepiscopo Salutem, Mandavit mihi Rex Hiberniae per breve suum & Burgenses Dubliniae, quod eligerunt hunc Gregorium Episcopum, & eum tibi mittunt consecrandum; unde tibi mando ut petitioni eorum satisfaciens ejus consecrationem sine dilatione expleas. Teste Ra●ulpho Cancelar. etc. But as soon as the Palls were settled in Ireland this Correspondence with the Arcbishop of Canterbury determined. As for the Quotation out of the Old Book of the Church of Armagh, That if any Cause be too hard for the Primacy, let it be referred to the See Apostolic, if it be not forged; yet it proves no more than that they had a great Regard to the Piety and Learning of the Bishops of Rome in those Days, but does not prove that they fancied an Infallibility in that Church. On the contrary, the Irish rejected the Pope's Judgement as often as they thought they had Reason on their Side; particularly the Irish adhered to the Council of Chalcedon, against the fifth Synod, and the Pope's Determination, in condemning the tria capitula: It seems that Pope Gregory's Epistle to the Bishops of Iberia was directed to Spain, and not to Ireland; but 'tis no great matter which. Chap. 9 and 10 shows, That the Irish differed from the Romans in the time of Celebrating the Feast of Easter, until the Southern Part conformed, in the Time of Pope Honorius the First, and the Northern about forty Years after; and that both sides pretended to Miracles and were sainted, particularly Bishop Aidan, Finan and S. Collumkille, all which opposed the Roman Usage in this Matter; this Party were called Quartodecimen, and were so abhorred by their Adversaries, that they re-ordained all that were consecrated by them, and sprinkled the Churches with exorcized Water, and rebaptised all that desired it; and it seems the others were as angry with them, and shunned their Company and Communion. He shows, That about the Year 843 the British See appealed to Constantinople for Instructions in this Matter; which City it seems was then counted as oraculous as Rome. But it seems to me, That the Pelagian Heresy, which raged over all Ireland as well as England, is a Proof beyond Reply, That the Irish did not believe or consult the Pope as an Infallible Oracle of Truth, because it is the highest contradiction that can be, (nay 'tis impossible) to believe a Man Infallible, and yet not to believe what he says. Lastly, when he has refuted the Pope's Pretences to a Temporal Dominion in Ireland, and has asserted Polydore Virgil to be the Inventor of that Concession, pretended to be made by the Irish on their Conversion, (quod nota postea, pag. 2) he asserts, That Ireland is a very ancient Kingdom, and introduces the English Ambassador at the Council of Constance, speaking after this manner, It is well known, That according to Albertus Magnus and Bartholomaeus, in his Book de Proprietatibus rerum, the whole World being divided into three Parts, viz. Asia, afric and Europe, Europe is divided into four Kingdoms, namely, the Roman for the first, the Constantinopolitan for the second, the third the Kingdom of Ireland, which is translated unto the English, and the fourth the Kingdom of Spain. Whereby it appeareth; That the King of England and his Kingdom are of the more Eminent Ancient Kings and Kingdoms of Europe; which Prerogative the Kingdom of France is not said to obtain. But whatever the Religion of the Irish was formerly, it is certain that at this Day it is rather a Custom than a Dogma, and is no more than Ignorant Superstition; not one in a hundred of the Common People know any thing of even the most essential Articles of the Creed; but having resigned their Faith to their Priest, they believe every silly Story he tells them; And as the Primate Usher observes, though they are slow of Heart to believe Saving Truth of God, delivered by the Prophets and Apostles; yet they with all greediness embrace, and with a most strange kind of Credulity entertain those lying Legends wherewith their Monks and Friars in these later Days have polluted the Religion, and Lives of our Ancient Saints. The Christian Names of the Irish are as in England, Hugh, Mahoone i. e. Matthew, Teige (i. e.) Tymothy, Dermond i. e. Jeremy, Cnoghor i. e. Cornelius, Cormuck i. e. Charles, Art i. e. Arthur, Donal i. e. Daniel, Goron i. e. Jeofry, Magheesh i. e. Moses; and their Surnames, (which were assumed in the Time of Bryan Borah) are (as in Wales) taken from the Christian Name of the Ancestor, with an O (which is as much as ap in Welsh or de in Latin) or Mac (i e. Fitz or Son) placed before it; so his Son was called O Bryan, and his Daughter Sarah being married to one Mahown, her Son was called Mac Mahown; so Carah Mac Seerbraghah was Father of the Mac Carahs' or Mac Cartyes; but this Distinction is observed▪ That only the Chief of the Sept is called Mac Carty or O Bryan, or the like, and every other Person of the Family is called by his Christian Name, as Philip O Sullevan, Teige Mac Carthy, etc. but there is scarce one noted Man among them, but has some Nickname or other, as Moyle, Fune, Fadda, Lader, Buy, Buckah, Mauntah, etc. The Habit of an Irishman was a Mantle and Trowses, and of an Irishwoman a Mantle and Petticoat, both had Broges something thinner than Pumps on their Feet, and the Man had a Cappeen and the Woman a Kercher on their Heads; their Shifts were died in Saffron to save washing, and contained 13 or 14 Yards of Cloth, so that a Law was made against that Extravagancy; These Mantles were like Cloaks, only instead of a Cape they had a vast quantity of Thrums or yarn-Fring, so that when the Mantle was put up close to the Nape of the Neck, (as they usually wore them) the Fring hung down near a foot long. Mr. Spencer, p. 37. gives too Satirical a Character of this Garment, That it is a fit House for an Outlaw, a meet Bed for a Rebel, and an apt Cloak for a Thief. The Irish Music was either a Harp (which is the Arms of the Kingdom) and makes an excellent Sound if it be skilfully touched; or a Bagpipe, which is a squealing Engine, fit only for a Bear-Garden; nevertheless they are much used at Irish Burials to increase the Noise, and encourage the Women to Cry, and follow the Corpse, for there is nothing coveted more by the Friends of the deceased, than to have abundance of Company at the Burial, and a great Cry for the Defunct; which they think argues, That he was a Person of Figure and Merit, and was wellbeloved in his Country; therefore they bury their Dead with great Ululations or Allelews, after the Egyptian manner, and hire Women to increase the Cry: And I myself have often seen strange Women come into the Crowd at a Funeral, and set up the Cry or Allagone for a Quarter of a Mile together, and then inquire of some of the Company, Who it is that is Dead? And hence arose the Proverb, To weep Irish, i. e. to cry without concern. When I say, That the Irish road Horses without Saddles; and afterwards, even to our own Days used Padds or Pillions without Stirrups, no Body must be so foolish to think, That this is a Disgrace to the Nation, since I affirm the same thing of the Ancient Britan's, and that they also used many of the same Customs with the Irish, and some more barbarous than any of theirs; but what I aim at is to show, That the Irish did continue in their Barbarity, Poverty and Ignorance until the English Conquest; and that all the Improvement themselves or their Country received, and their great difference between their Manners and Conditions now and then, is to be ascribed to the English Government, under which they have lived far happier than ever they did under the Tyranny of their own Lords. Nor must any Body so interpret me as if I included all the Irish Gentry in the general Character of the Rudeness, Ignorance and Barbarity of that Nation, since many of them have in all Ages, and some to my own Knowledge, attained to great Perfections in Civility Arts and Arms; and I do avouch, that even the common sort are not only capable, but also very apt to learn any thing that is taught them, so that I do impute the Ignorance and Barbarity of the Irish merely to their evil Customs, which are so exceeding bad, Davis, 150. that as Sir John Davys says, Whoever use them must needs be Rebels to all good Government, and destroy the Commonwealth wherein they live, and bring Barbarism and Desolation upon the Richest and most fruitful Land in the World. But the Irish Capacities are not to be questioned at this Day, since they have managed their Affairs with that dexterity and Courage, that they have gotten the whole Kingdom of Ireland into their Possession; and by wheedling some and frightning others, they have expelled the Body of the English out of that Island: However, let us not be dismayed, for they are but the same People our Ancestors have so often triumphed over; and although they are not to be so contemned, but that we may expect they will make one good Effort for their Estates and Religion, yet we may still depend upon it, That their Nature is still the same, and not to be so changed, but that they will again veil their Bonnets to a victorious English Army. AN EPITOME OF S R WILLIAM PETTY'S LARGE SURVEY OF IRELAND Divided into its 4 Provinces. & 32 Counties. and the Counties into Their Several Baronies. wherein are Distinguished the Archbishoprics Bishoprics. city's. Places that Return Parliament Men. also the Roads. Bogs. and Bridges. By Philip Lea At the Atlas and Hercules in Cheapside. near Friday Street LONDON The History of IRELAND From The Conquest Thereof By the ENGLISH to this Time By RICHARD COX. Esqr Printed For JOSEPH WATTS at the Angel in St Paul's Church Yard THE REIGN OF Henry Plantagenet (FITZ-EMPRESS) Conqueror and Lord of IRELAND. HENRY, the Second of that Name, King of England, a Brave and Powerful Prince, ambitious of Glory, and the Enlargement of his Empire, cast his Eye upon Ireland, as a Country most easy to subdue, and of great Advantage to him, when conquered. There were not wanting some Learned Men, who affirmed, The King had very fair Pretences (if not good Title) to that Island; Speed, 472. for besides the Conquests which the Kings Arthur and Edgar had formerly made there, Spencer's view, 33. they alleged, That it was by Leave of the British King Gurgun●●s, Campion, 26, 28. and under Stipulations of Tribute, that the Irish were first permitted to settle themselves in that Kingdom▪ Besides, the first Inhabitants of Ireland were Britain's, and those People which the Irish Historians call Fir-bolg and Tuah de Danan; i e. Vir Belgus, i. e. Populus Dannonius. were no other than the Belga and Dannonit, Ancient Inhabitants of England. To which might be added, That Bayon, from whence the Irish pretend to come, Lib. P. Lambeth. 153. was part of the King's Dominion: So that either Way his Majesty was their natural Prince and Sovereign. But however that were, yet the King had 〈◊〉 cause of War against the Irish, because of the Piracies and Outrages, they daily committed against his Subjects, and the barbarous Cruelties they exercised on the English, whensoever they fell into their Power, buying and selling them as Slaves, and using Turkish Tyranny over their Bodies, Speed, 473. so that the Irish themselves afterwards confessed, That it was just their Land should be transferred to the Nation they had so cruelly handled: Wherefore the King, as well to revenge those Injuries, as to recover that Kingdom, put on a Resolution to invade it. But first it was necessary to consult the Pope in that Matter, because he pretended no less than three Titles to Ireland. First, the Universal Patent of Pasc● Oves, which by their Interpretation was Synonimous to Rege Mundum. Lib. P. Lambeth, 48. Secondly, the Donation of Constantine the Great, whereby the Holy See was entitled to all the Islands of the Ocean. Thirdly, The Concession of the Irish, Ibid. 154. on their Conversion to Christianity, by which they granted the Temporal Dominion of their Country unto S. Peter's Chair. And tho' the Answers to these Frivolous Pretences were easy and obvious: viz. to the First, That whatsoever Spiritual Jurisdiction was given by those Words, yet our Saviour's Kingdom not being of this World, it is certain no Temporal Dominion is granted thereby. And to the Second, That Constantine had never any Right or Possession in Ireland, and therefore could not give to another, what he had not himself. And to the Third, That the Allegation is false, and the Popes had never any Temporal Dominion in Ireland, but the same remained under their own Native Kings and Monarches. But this Forgery is yet more manifest, Because the Irish were not converted by any Emissaries from Rome, as appears by the Ancient Difference between the Churches of Ireland and Rome, in some Baptismal Rites, and the Time of celebrating the Feast of Easter. Nevertheless, the Pope's Licence, in those Superstitious Times, would create Reputation, especially with the Clergy, and his Benediction would (as they fancied) facilitate their Success; and therefore it was thought fit, That the King should send his Ambassador, John Salisbury, to the Pope, 1156. Sullevan, 59 who was by Birth an Englishman, and by Name Adrian IU. And how fond soever the Holy See doth now pretend to be of Ireland, since the English Government and Industry have rendered it considerable, 'tis certain the Pope so little regarded it at that time, when he received but small Obedience and less Profit from it, that he was easily prevailed with to issue the following Bull. ADrian the Bishop, Hanmer, 107. the Servant of the Servants of God, to his most dear Son in Christ, the Noble King of England, sendeth greeting, and Apostolic Benediction: Your Magnificence hath been very careful and studious how you might enlarge the Church of God here in Earth, and increase the Number of his Saints and Elect in Heaven; in that as a good Catholic King, you have and do, by all means, labour and travel to enlarge and increase God's Church, by teaching the Ignorant People the True and Christian Religion, and in abolishing and rooting up the Weeds of Sin and Wickedness. And wherein you have, and do crave, for your better Furtherance, the Help of the Apostolic See (wherein more speedily and discreetly you proceed) the better Success, we hope, God will send, for all they which of a fervent Zeal and Love in Religion, do begin and enterprise any such thing, shall, no doubt, in the End, have a Good and Prosperous Success. And as for Ireland, and all other Islands where Christ is known, and the Christian Religion received, it is out of all doubt, and your Excellency well knoweth, they do all appertain and belong to the Right of S. Peter, and of the Church of Rome; and we are so much the more ready, desirous and willing to sow the acceptable Seed of God's Word, because we know the same in the latter Day will be most severely required at our Hands, You have (our wellbeloved Son in Christ) advertised and signified unto us, That you will enter into the Land and Realm of Ireland; to the end to bring them to Obedience unto Law, and under your Subjection, and to root out from among them their foul Sins and Wickedness; as also to yield and pay yearly out of every House, a yearly Pension of one Penny to S. Peter, and besides, also will defend and keep the Rites of those Churches whole and inviolate. We therefore well allowing and favouring this your godly Disposition, and commendable Affection, do accept, ratify and Assent unto this your Petition; and do grant, That you (for the dilating of God's Church, the Punishment of Sin, the Reforming of Manners, planting of Virtue, and the increasing of Christian Religion) do enter to possess that Land, and there to execute according to your Wisdom, whatsoever shall be for the Honour of God, and the Safety of the Realm. And further also, we do strictly charge and require, That all the People of that Land do with all Humbleness, Dutifulness and Honour, receive and accept you as their Liege Lord and Sovereign, reserving and excepting the Right of Holy Church to be inviolably preserved; as also the yearly Pension of Peterpences, out of every House, which we require to be truly answered to S. Peter and to the Church of Rome. If therefore you do mind to bring your Godly Purpose to effect, endeavour to travail to reform the People to some better Order and Trade of Life, and that also by yourself, and by such others as you shall think meet, true and honest in their Life, Manners and Conversation, to the end the Church of God may be beautified, the True Christian Religion sowed and planted, and all other things done, that by any means shall or may be to God's Honour, and Salvation of Men's Souls, whereby you may in the end receive of God's Hands the Reward of Everlasting Life; and also in the mean time, and in this Life, carry a Glorious Fame, and an Honourable Report among all Nations. Together with this Bull the Pope sent King Henry a Gold-Ring, as a Token of Investiture, and sometime after a succeeding Pope (Alexander III) confirmed the former Grant by the following Breve. ALexander the Bishop, Hanmer, 141. the Servant of the Servants of God, to his dearly beloved Son, the Noble King of England, greeting, Grace and Apostolic Benediction: Forasmuch as things given and granted, upon good Reason, by our Predecessors, are to be well allowed of, ratified and confirmed; we well considering and pondering the Grant and Privilege for and concerning the Dominion of the Land of Ireland, to Us appertaining, and lately given by Adrian our Predecessor; We following his Steps, do in like manner Confirm, Ratify and Allow the same, reserving and saving to S. Peter, and to the Church of Rome, the yearly Pension of one Penny out of every House, as well in England as in Ireland; provided also, that the Barbarous People of Ireland by your means be Reform, and Recovered from that filthy Life and abominable Conversation; that as in Name, so in Life and Manners they may be Christians; and that as that Rude and Disordered Church, being by you reform, the whole Nation may also with the Profession of the Name, be in Acts and Deeds Followers of the same. But saith Rossus of Warwick (and he was no Protestant) The King of England is not bound to rely on the Pope's Grant for Ireland, Speed, 472. nor yet to pay that Tax, because he had a Precedent Claim to that Kingdom, by hereditary Right. Others object against these Bulls in another manner, and particularly Philip O Sullevan, who says, They are void for many Reasons. First, Because they were obtained on false Suggestions, and the Infallible Popes were deceived in their Grants. Secondly, That Regal or Sovereign Power is not granted by them; but only that the Kings of England should be Lieutenants or Deputies to the Pope, and Collectors of his Peterpences. Thirdly, That they were on a twofold Condition of paying Tribute and converting the People, which not being performed, the Bulls are void. But because it is scarce credible that any Subject should be so Malicious against his Prince, you shall have it in his own Words. Rex hoc Decretum impetravit falsa Narrans, ut ex ipso Decreto ego colligo (pag. 59) Non Dominum Hiberniae, sed Praefectum causa colligendi Tributi Ecclesiastici (pag. 59 b.) And again, (pag. 60.) Non ut Rex aut Dominus Hiberniae, sed ut a Pontifice Praefectus (sic ego accepi) ut Exactor & Collector Pecun●ae quae ad Sedem Apostolicam pertinebat; & pag. 61. Ac mihi quidem rem totam sollicita Mentis acie contemplanti nihil Juris esse penes Anglos videtur. For besides (says he) their Title was founded in Adultery (meaning Dermond Mac Morough's) they have exercised Fraud and Cruelty against the Catholics that entertained them kindly, and the very Temples have not escaped them. Hinc igitur nemo ignorabit, Hiberniam non Jure sed Injuria & Narratione minime vera, Sullevan, 61. fuisse ab Anglis primo obtenta, pag. 61. b. Nor can any Body believe (says he) that the Pope ever designed so great an Injustice, as to deprive the Irish Kings of their Birthright, Ibid. 62. and give it to Strangers. And then he tells us, That Laurence O Toole Archbishop of Dublin, did obtain of the Pope a Bull to deprive the English King of his Government in Ireland, but he died in his Return, (in France) and is since canonised. But (says he) supposing the Popes Grant at first were good, yet 'tis forfeited by Breach of Condition, since the English did neither propagate Religion, nor pay the Peterpences. Postea omni Jure plane exciderunt Conditiones a Papa dictas constitutasque transgressi: Nam Pensionem Divi Petri, de medio sustulerunt, & nullam certam Religionem, nullam firmam Fidem habent; pro Deo Ventrem, Voluntatem & Libidinem colunt. By this, and the Approbation, this Scandalous and Lying Treatise met with in Spain, and the Repetition of the same things by divers others in their bitter Libels, on the English People and Government, and particularly by the Author of Analecta Hiberniae, it is manifest that there are some Enemies of the Crown of England, so malicious and unjust, that they would make use of the most frivolous Pretences in the World, to wrest the Kingdom of Ireland from the Dominion of the English Kings: But as God Almighty has hitherto, (even many times to a Miracle) protected the British Interest in Ireland, so I doubt not, (unless we are wanting to our own Preservation) but that he will continue that Noble Island under the Jurisdiction of the Crown of England for ever. In the mean time, though we lay no stress on the Pope's Bulls, yet because they are Argumenta ad Hominem, and if valid, are a good Title against Mr. Sullevan and his Abettors, I will therefore endeavour to Rescue them from his Objections. And as to the first, though misinformation or false Suggestion, may avoid the Grant of a Prince to his Subjects, yet that Rule does not hold between Princes, else all Contracts, Leagues and Treaties in the World would be avoided on slight Pretences of being misinformed in one Point or other. Besides, the Pope, Alexander III. after some Years Experience, and full information of the English Conduct and Proceed, in Ireland, gave a new Bull of Confirmation as aforesaid: Hanmer, 141. And (says the Book of Houth) he besought the Devil to take all those that gainsaid the King's Title to Ireland; but after all, the Suggestions were no other but that the Country was Barbarous, and needed Reformation, which was so true, that the Irish Historians themselves do frequently confess it. As to the Second, the very Bull mentions, That the King shall be their Liege Lord and Sovereign: And Henry TWO, was accordingly received as King by the Clergy, Nobility and People, and both he and his Successors had always the Title of Sovereign Lords, and did continually exercise and enjoy Monarchical Authority and Royal Jurisdiction in Ireland, Davi●, 2. 4 Inst. 357. under the Name and Style of Lords: And Vrban III, granted Power to the King to appoint which of his Sons he pleased King of Ireland. Moreover Henry VIII, by all the Kingdom in Parliament, was acknowledged and declared King of Ireland. Which Pope Paul IV considering, he officiously erected Ireland into a Kingdom, Council of Trent, 367. and granted it to Queen Mary; that so it might seem as if she derived that Title from him or his Authority, which she had before by a better Right. As to the Third, The Peterpences (which are but a sort of Proxies, propter Beati Petri visitationem, and must of Necessity determine with the Jurisdiction of the Visitor, which is long since banished out of his Majesty's Dominions) are mentioned by way of Reservation, and not by way of Condition, and are to be paid by the People, and not by the King. And the Reformation of the Irish is proposed by way of Direction and Advice, and doth not make the Bull Conditional: Besides, Conversion is the effect of Grace, and the Act of God, for which no Man can undertake; and therefore such a Condition would be Impossible and Void. However, the English have hearty endeavoured to Reform that People, and to bring that Noble Country into a general Practice of True Religion and Civility, and though we do not boast much of our Success hitherto, yet now that it is likely better and more effectual Methods will be used than heretofore, we do not doubt but that they will produce suitable Effects. But I have spent too much time about these paltry Bulls, and therefore I will leave them, and proceed to the solid and legal Titles, which the Crown of England hath to the Kingdom of Ireland; and the first is that of Descent from Eva, Daughter of Dermond Mac Morough, who was actually King of Leinster, and whose Ancestors were Monarches of Ireland: The second is by lawful Conquest in a just War: The third is by many solemn Oaths, Compacts and Submissions of the Princes, Nobility, Gentry and People of Ireland: The fourth is, by several Statutes, and Acts of Recognition: And the last (which alone were sufficient) is, by above five hundred years' Prescription. But two Things are to be wondered at: Isti Reges non fuerunt ordinati solemnitate alicujus Ordinis, nec Vnctionis Sacramento, nec jure haereditario, vel aliqua prop●ietatis successione, sed vi & armis quilibet regnum suum obtinuit, Davis 16. First, That the Irish, who never observed the Right of Succession, but dethroned and succeeded one another by force, as they were able (sometimes the Posterity of Hiber, sometimes of Herimon, and sometimes the Issue of Ithy, getting into the Monarchy) should yet complain of Force in others; or that Rotherick O Connor, who drove Dermond out of Leinster, should think it unreasonable that Dermond should drive him out of Connaugh assoon as he could. The Second is, That any body in Ireland should dispute the English Title to that Island, after they and their Ancestors for above five hundred years have been born and bred under the Allegiance of the Kings of England. But that which is most strange is, Burks, Butlers, Breminghams', Barryes', Roch, Condon, Power, Fitzgirald, etc. That four parts in five of the Inhabitants in Ireland are of English Extraction, and have settled there since the Conquest, and by virtue of it, and yet many of them are so blinded with an ignorant Zeal for Popery, that they have endeavoured to cut the Bough they stand on, and have Associated with Mr. Sullevan and his Complices, to destroy the English Government of Ireland, and have been frequently in Rebellions to that purpose, not without expressing Inveteracy against the English Name and Nation; and all for want of duly considering, that thereby they made way for their own Extirpation, since the old Irish (who say the Country was given them by God) would (if they had power) no more endure the first Conquerors than the last, Settlement & Sale of Ireland. nor allow the Title of the Fitzgiralds, the Butlers, and the Burks, any more than that of the Boils, the Coats, or the Clotworthyes. I must yet continue this Digression to give an Account of the Complaints that are made against the English Government of Ireland; and they are these: First, That the English profaned the Churches and Sacred Places; and instances Philip of Worcester, and Hugh Tyrrel, who took a Brass Pan from the Priests of Down; and Gerald Earl of Kildare, who burned the Church of Cashel, and put it off with a Jest, That he would not have done it but that he thought the Archbishop was in it. Secondly, That Offices of Profit, and Places of Trust were mostly given to Englishmen. Thirdly, That they suffer none of the Potentates to sit in Parliament, but such as are qualified by the English Law, and therefore the Parliaments are void; Vnde deducitur omnia Parliamenta Regum Britannorum authoritate coacta in Hibernia deincepsque more pristino celebranda, prorsus inita, infirma, injusta & violenta esse, says my Author. Fourthly, That Benefit of Law is not given but to the Quinque Sanguines; so that the Irish are as it were Outlaws in their own Country, and may be slain as Enemies. Lastly, The Irish were persuaded to surrender their Estates on promise to re-grant them in a better and more legal Form; whereas really they were cheated, and the King reserved a Tenure to himself, and gave the Irishman only the Possessions and Profits. And for these and other Injuries, says Mr. Sullevan, pag. 61. the English Kings could never enjoy Ireland quietly, but were disturbed with many, and almost continual Rebellions. Little did this Objector think that his Conclusion had destroyed three of his Objections; for if the Irish were in almost continual Rebellions, as he says, and is true, how could he expect they should enjoy Offices, sit in Parliaments, or have Benefit of the King's Laws? But the weakness of these Objections will yet more plainly appear by the following Answers. To the First, the Instances are few; and it is bad Logic to draw general Consequences from the Actions of two or three particular Men, especially such as so bitterly reflect on a Government or Nation; besides, all these three were Papists, and their Sacrilege does not concern the Protestant Government of Ireland; which is what Mr. Sullevan designed to asperse. To the Second; If this Author had consulted the Ecclesiastical Catalogue, he would have found that the Natives had more than their share of Bishoprics and Archbishoprics, and that to the ruin of most of the Sees, and in the Military List he might have found the Baron of Dungannon, Neal, Garuff, Macguire, O Connor, and many more who had Pay or Pension; and yet it is so far from being criminal, to prefer the Colony before the Native to Offices of Trust and Profit in a conquered Country, that it is a necessary Duty to do it, Ne Victi Victoribus Legem darent; at most, this Partiality is but in matters of Favour, so that there is no wrong, and 'tis founded on good Law and sound Policy. But what would this Objecter and his Companions say, if they should see a Popish Governor in Ireland, against all Law and Policy, to make it criminal to be an Englishman, and a cause of deprivation to profess the Religion by Law established? To the Third; Several of the Irish Potentates did sit in former Parliaments, and particularly in the Parliaments of the 8th. of Edw. 2. O Hanlon, O Neal, O Donnel, Macgenis, O Cahon, Mac Mahon, and many more Irish Lords were present; but since the Parliaments are better regulated, 'tis true that none are suffered to sit in the House of Lords, but such as are Lords of Parliament by Law, viz. by Writ or Patent; but 'tis as true, that the principal men of the Irish have or had Titles that qualify them to sit there; as, O Neal Earl of Tyrone, O Donel Earl of Tyrconnel, O Bryan Earl of Thomond, Mac Carthy Earl of Clancarthy, O Bryan Earl of Insiquin; The Lords Macguire, Clare, Glanmalira, and Dungannon, Kavenagh Baron of Balion, O Carol Baron of Ely, and many more. To the Fourth; Since the Irish would not admit their Countries to be made Shire-Ground, nor suffer Sheriffs to exercise any Authority in them, so that they were not amesnable to the King's Laws, but were governed by their own Brehon Laws, so that the English could have no Justice against them; nor could the King punish Murder without sending an Army to do it; there was no reason they should have the Benefit of that Law they would not submit to: And this I take to be the true Reason why it was denied them: Davis 6. 'Tis true, they often Petitioned for the Liberty to be Plaintiffs, but they would not at the same time put themselves in a condition to be Defendants, nor come within the Jurisdiction of the King's Courts, but by starts, and for their benefit; and therefore assoon as the Kingdom was throughly subdued, and reduced into Shires, so that the King's Writ did run throughout the Realm, the Irish had also an equal Benefit of the Law, and were received into the Condition of Subjects: So that this Objection has been long since quite taken away. As to the Fifth; They were not so ignorant, but that they knew the necessity of leaving a Tenure in the King; besides there was some small Reservation or Crown-Rent reserved by Contract or Agreement in every Patent; and therefore they did not expect it as free as they surrendered it; however they got well enough by the bargain; for in lieu of a precarious Estate for Life at most, they got legal Titles of Inheritance by the King's Grants; and certainly they had little reason to complain, whilst (as our Author confesses) they enjoyed both the Profits and the Possession. But let us return to King Henry the Second, who found work enough in France, and was advised by his Mother Maud the Empress and others at a great Council held on that occasion, Speed. at Winchester, to postpone his Irish Designs, until he could meet with a more favourable opportunity; which not long after happened: For Dermond Mac Murrough King of Leinster, Regan. having forced O Neale, O Mlaghalin and O Caroll, to give him Hostages, grew so insolent at these successes, that he became oppressive to his Subjects, and injurious to his Neighbours, more especially by the Rape of the Wife of Orourk King of Brehny, 1167. who was Daughter of O Mlaghlin King of Meath; Stanihurst. whereupon he was invaded by his Enemies, Cambrensis. and abandoned by his Subjects and Tributaries, particularly by Morough O Borne, Hasculphus Mac Turkil Governor of Dublin, and Daniel, Prince of Ossory; and after many Disasters, 1168. was forced to quit his Country, and betake himself to the King of England for Assistance. He was accompanied by his Trusty Servant Auliff, O Kinade, and sixty others, and safely arrived at Bristol, where he was generously entertained at S. Austin's Abbey, by Robert Fitzharding; Regan. M. S. and so having refreshed himself and Servants, he went forward on his Voyage to Aquitain, where the King then resided. He appeared before the King in a most shabby Habit, 1169. says Friar Clin Stanihurst. 6● suitable to the wretched condition of an Exile; He fell at his Majesty's feet, and emphatically bewailed his own Miseries and Misfortunes: He represented the Malice of his Neighbours, and the Treachery of his pretended Friends, and the Rebellion of his Subjects, in proper and lively Expressions; he suggested that Kings were then most like Gods when they exercised themselves in succouring the Distressed; and that the Fame of King Henry's Magnificence and Generosity, had induced him to that Address for his Majesty's Protection & Assistance: But the King being engaged in France, could not aid him personally; however, being moved with Dermond's cunning Speeches & submissive Deportment, Hooker 1. he pitied his Misfortunes, entertained him kindly, and gave him some Presents, and then took his Oath of Allegiance, and gave him the following Patent. HEnry, Stainhurst. 66. King of England, Duke of Normandy and Aquitain, Earl of Anjou, etc. Unto all his Subjects, English, Normans, Welsh and Scots, and to all Nations and People being his Subjects, Greeting: Whereas Dermond Prince of Leinster, most wrongfully (as he informeth) banished out of his one Country, hath craved our Aid; Therefore, for as much as we have received him into our Protection, Grace and Favour, whosoever within our Realm, subject to our Commands, will Aid and Help him (whom we have embraced as our Trusty Friend) for the Recovery of his Land, let him be assured of Our Favour and Licence in that behalf. Dermond, full of Hopes, passed through England to Bristol, where he caused the King's Letters to be publicly and frequently read; and he likewise published his own Overtures of great Entertainment to such as would assist him; but his chief Dependence was upon Richard Earl of Chepstow, commonly called Strongbow, who Covenanted to aid him the next Spring with a good Force (if he could obtain the King's particular Leave to do so) for which he was to have Dermond's only Daughter Eva, and to succeed in the Kingdom of Leinster. From Bristol Dermond went to St. David's in Wales, where he prevailed with Rhees, Prince of that Country, to enlarge Robert Fitz Stephens, who was then in Prison; and the Bishop of S. David's persuaded the aforesaid Fitz-Stephens and Maurice Fitz-Girald to engage in Dermond's Quarrel; for which, the Irish Prince was to give them in Fee Wexford, and two canters adjoining. But Dermond impatient of longer absence from his own Country, and to prepare for the reception of his Auxiliaries, sailed to Ireland in August, and Landed at Glascarrig, 1169. and thence went to Fernes; where he was kindly received by the Clergy, to whom he made great ostentation of the Valour, Number and Bravery of his new Confederates; however, he thought fit to remain with them private, and as it were incognito, that Winter. In the mean time he sent his trusty Servant Maurice Regan, in the Nature of an Ambassador, to solicit and hasten the English Assistance, and to promise Lands to such of the Adventurers, as would stay in Ireland, and good Rewards in Money or Cattle, to them that designed to return. But the English were mindful of their Engagements and Promise; and in pursuance of them Robert Fitz-Stephens arrived at the Ban, 1170. a small Creek in the County of Wexford, about the Calends of May, together with thirty Gentlemen, sixty Men in Jacks, and three hundred choice Archers and Pike-Men, in three Ships: And the next came Maurice of Prendergast, ten Gentlemen, and a number of Archers, in two Barks: As also Hervy of Mountmaurice, whom Strongbow sent as his Agent, to be informed of the true state of the Country. They immediately send Notice of their Arrival, which being known, gave Dermond so great Reputation that his revolted Subjects flocked to him with such celerity, and in such numbers as manifested their Levity, and that they were too much inclined to court a prevailing Power. That Night the English encamped by the Seaside, Regan. and the next Day marched towards Wexford, where they were met by Daniel (Dermonds' Natural Son) and five hundred Men, and soon after came Dermond himself, and renewed the Leagues and Covenants between him and the English, Stainhurst, 71. and thereupon both Armies join and march friendly to Wexford. Two thousand of the Wexfordians boldly make a Sally, Giraldus Cambrensis. but when they perceived the Armour, Barbed Horses, and other warlike Furniture of the English, and such an Appearance as they had never seen before, they were frighted therewith, and easily persuaded to retire; nevertheless they burned their Suburbs, and the adjacent Villages, and manfully betook themselves to defend their Walls. They also briskly repulsed Fitz Stephens his first Attack, and killed eighteen of his Men, whereupon the English were enraged, and being resolved either to conquer or die, they first burned their Ships, and then made Public Prayers in the Camp, and prepared for a Second Assault; but by the Mediation of some Bishops that was prevented, and the fourth Day of the Siege the Town was surrendered on Articles, and together with two canters adjoining was given to Fitz-Stephens and Fitz-Girald, according to the former Agreement. And to oblige the Earl of Chepstow, Dermond bestowed two canters (situate between Wexford and Waterford) on Henry of Mountmaurice; and those three settled the first Colony of British on these Lands, which have continued through-all the Changes since, to this Day. But the King of Leinster was overjoyed at this Success, and to express his Gratitude to the English Adventurers, he marched to Fernes, to caress them, where they stayed three Weeks, Regan. M. S. and spent their Time in Feasting and Jollity. Dermond did not fail to applaud their Valour, and tell them, how much they were dreaded by the Irish, and then he proposed to them an Expedition into Ossory; to which they readily consented. The Army consisting of three thousand Irish, besides the English, in pursuance of the former Resolution, invaded Upper Ossory. That Prince was Dermonds' bitterest Enemy, and had formerly imprisoned Dermond's Son, and (being jealous of him) had put out both his Eyes, by means whereof he died. That Country being full of Woods and Bogs, Stainhurst, 79. might easily have been defended, and the Prince of Ossory prepared to do so; but Fitz-Stephens counterfeited a Flight, and by that Stratagem drew out the Ossorians to pursue him; and when he had got them on the Plain, he charged them with his Horse to purpose, and routed them, with the Slaughter of above three hundred Men; Lib. P. Lamb. whose Heads being brought to Dermond, he most barbarously did by't away the Nose and Lips of one of them, Hanmer, 114. whom he knew and mortally hated: However, by this Defeat, and the Inroads and Desolation they made in the Country, Lib. P. the Prince of Ossory was forced to Submit, swear Fealty, and give Hostages to the King of Leinster. But Mr. Regan not allowing of this Submission, tells us of a second Expedition into Ossory: and that after the Wexford Men were three times repulsed, the English forced the Trenches, beat the Ossorians, and burned the Country, and Maurice de Prendergast being disgusted with Dermond, resolved to return to England; but being stopped at Wexford, he took part with the Prince of Ossory; but finding that Prince designed to murder him, in stead of giving him his promised Pay, he got rid of him by a Stratagem, and returned to England, and afterward came over again with Strongbow. But however that be, 'tis more certain, That the Army being refreshed, invaded, burnt and preyed the Country of O Phelan, and afterwards O Tools Country up to Glandelogh, and met with small or no Resistance. In the mean time Rotherick (the Monarch of Ireland) was alarmed at the Advent and Success of the English, and therefore he summoned a General Parliament, or Assembly of all the Princes of the Country; they quickly resolved to attack the King of Leinster, and to expel the Strangers; and in order to put their Votes in execution, they united their Forces, and invaded O Kensile, a Territory in Leinster. Dermond finding himself unable to resist this mighty Force, and the rather, because he perceived his Subjects began to stagger in their Loyalty, Stainhurst, 82. which it seems was calculated for his Good Fortune only, applied himself to Fitz-Stephens, and nakedly represented the Case to him, and told him; That unless he stuck firmly to him, in this great Adversity, the Kingdom of Leinster would be lost for ever. Fitz-Stephens answered, That the English had forsaken their Dearest Friends and Native Soil, for his sake; that they had burnt their Ships, and had already ventured their Lives in his Quarrel; and therefore happen how it would, they would live and die together. Be you true to us (said he) and we will not be false to you: Your Royal Courage should contemn these Accidents, which will soon be at an End, for either Death (which is the common Fate) will in a little time deliver us with Honour from these straits, or a glorious Victory will place us above all those Difficulties which now seem so terrible. Dermond was much encouraged by this Speech, however, because his Army was much inferior in number, to that of his Enemies, he did, by Fitz-Stephens his Advice, retreat to an inaccessible Fastness by Ferns; which by plashing of Trees, and making Entrenchments, he soon rendered impregnable. But Rotherick wisely considering the Difficulty of the Attempt, and the incertain Events of War, tried severally, and apart both Dermond and Fitz-Stephens, to persuade them by fair means to an Agreement: to Fitz-Stephens he sent Presents, in the nature of a Bribe, together with Lett●rs to this effect. THE Britain's may not by Law of Arms, Hanmer, 115. display their Ensigns in Foreign Possessions, nor dispossess the Lawful Heirs of their Inheritance; but they are with Licence of the Irish to pack Home. It is a Blemish to their Nation to give Aid to a shameful Fact: Neither may the Lechery of Dermond, be mantled under British Cloaks. Wherefore depart, and forsake him, that is forsaken of God and Man; and here, by my Messenger receive to defray your Charges, and transport you to your Native Soyl. But the Monarch was mistaken in the Man, for Fitz-Stephens returned this Answer: YOur Present I will not accept; nor will I break the Faith and Troth; I have promised to my Friend Dermond; he forsakes not me, I will not forsake him, neither leave him distressed. You speak of Lechery, what is that among Martial Men? I hear you have Bastards yourself. To what End is your Embassy? If Rotherick give Counsel, we need it not; if he prophesy, we credit not his Oracle; if he command as a Prince, we obey not his Authority; if he threaten as an Enemy, a Fig for his Monarchy. So finding himself out in his Politics, he prepares to force them to that which he could not persuade them to; and to encourage his Soldiers, suggests to them, That Dermond designed to extirpate the Irish Nation, and to that end had brought in the most hateful Enemies they had; that he was more cruel than a Beast, and no Mercy was to be expected from him; that unless this Civil War was by their Valour immediately ended, it would prove the Ruin of their Nation; that their Enemies were easily to be subdued, whilst their Number was few, and their Means inconsiderable; and that if they lost this Opportunity, their Country was lost for ever. Dermond in like manner made a Speech to his Followers, setting forth; That they had Powerful and Brave Assistants, the English, whose Valour has been approved; and that their Faithfulness was undoubted, because they had sworn it, had burnt their Ships, and could expect no Mercy from their Enemies; That their Cause was Just, in defence of their Prince and Country; that Rotherick was a Tyrant, had three Wives, then alive, and eleven Bastards, he murdered his Natural Brother, was guilty of innumerable Murders, Thefts, Lies and Debaucheries; and had no other End in all his specious Pretences than the enslaving them and their Children. But after all this, the Reputation of the English kept Rotherick in Fear, and obliged him to continue his Endeavours for Peace; and Dermonds' Condition, and approaching Wants, obliged him likewise to make a Peace, he never designed to keep any longer than he needs must; so by the Mediation of some Good Men, they at last came to this Conclusion. First, That Dermond renewing his Homage, should be restored to his Kingdom of Leinster. Secondly, Lib. P. Lamb. That he should dismiss the English, as soon as he was settled. But this Article was private. Thirdly, That his Son Cothurne should be Hostage for performance thereof; and as soon as the English were gone, than Dermond's Son, should be married to Rothericks' Daughter. The Hostage was accordingly delivered, and all quiet, when Maurice Fitz-Gerald landed at Waxford, with ten Knights, twenty Esquires, and one hundred Archers, with which Recruit Dermond marched to Dublin, to reduce that Rebellious City, which was, without much Resistance, surrendered upon Articles, and so they renewed their Oaths of Allegiance, and gave Hostages for their future Obedience. In the mean time Rotherick with his Army went to demand Chief Rent of Danald, Prince of Limerick, who was Dermond's Son-in-Law; but Dermond, underhand, procured Fitz-Stephens (who stayed behind him, to build his Castle of Carrick, near Waxford) to step to Danald's Assistance; and the Issue was, That Rotherick was baffled, and forced to return without without his Chieffry. With this Success Dermond was encouraged to Higher Designs, Hanmer, 119. and daily consulted with the English, Lib. P. Lamb. how he might recover the Monarchy of Ireland, which his Ancestors formerly enjoyed, and to which he pretended a Title. He offered his Daughter Eva to Fitz-Stephens and Fitz-Gerald, and made them many large Promises, if they would recruit their Forces, and assist in the Design, but they were married, and could not accept the Offers, nor were they able to go through with so great an Undertaking; and therefore they advise him to solicit Strongbow once more to so noble an Exploit. It seems Strongbow was hindered by the King; for upon receipt of Dermond's Letters, he went to his Majesty, desiring Leave to seek new Territories in Ireland, or to be restored to his old Estate in England. Campion, 59 The King wearied with his Importunity, said to him in Passion; I wish you were gone: Which Strongbow takes for a Licence, and away he goes, and prepares as fast as he can for his Irish Voyage. Before him he sent Reymond Le Gross, 1171. with ten Knights, forty Esquires, and eighty Archers; who came in May, 1171, and landed at Dondowrough, eight Miles east of Waterford, and entrenched themselves as well as they could. The Waxfordians and their Neighbours, to the number of three thousand, under Mac-Kelan, Prince of Ophelan, and O Rian of Odrone, came down by Land and Water, attacked the English, Hanmer, 120 and beat Reymond into his Entrenchment; but the English, (rendered desperate by the Danger) made a second Salley; and the Enemy being negligently and disorderly scattered, they slew five hundred of them, and took seventy principal Citizens, whom by the Advice of Hervey, immediately they drowned. Strongbow came on the twenty third of August, and landed in the Haven of Waterford, 1171. with two hundred Knights, and more than one thousand Soldiers: To him immediately repaired the King of Leinster, Regan contra. Fitz-Stephens, Fitz-Gerald, and Reymond Le Gross; this last was made General of the Field, and the next Day goes to assault Waterford by Land and Water; after two Repulses Reymond perceived a cabin on the Wall, propped with Timber, on the outside; immediately he caused the Prop to be cut, so that the House fell, and with it part of the Wall; at which Breach the English entered, 23 August. Regan. ransacked the City, and slew every one they found in Arms, except O Philim Prince of Decies, and one Reginald, whom they imprisoned. Then was Eva, Daughter of the King of Leinster, married to the Earl, according to the former Capitulations: And soon after the Army marched to Dublin, through the Mountains of Glandelogh, the ordinary Road being guarded or made unpassible by the Dublinians, who had again rebelled. Dermond hated the Dublinians exceedingly, because they had murdered his Father, and, in Derision, buried him with a Dog: However, at the Intercession of the Archbishop, Laurence, he treated with them; but the Time allotted for the Treaty, Regan. M. S. being expired, Reymond and Miles Cogan took Advantage thereof, broke into the City and sacked it, with great Slaughter; but Hastalphus the Governor, and some of the better sort, with their Riches, escaped by Sea. Miles Cogan being left Governor of Dublin, Strongbow, 1171. at the Intercession of Dermond, invades Meath; which he burns and spoils; Whereupon Rotherick upbraids Dermond's Perfidiousness; and, unless he will observe the late Peace, threatens to behead his Son Cothurnus, who was Hostage thereof: Which (upon Dermonds surly answer, That he would proceed to conquer Connagh, his ancient Ineritance) was accordingly performed. The Archbishop assembles a Synod at Armagh, Hanmer, 125. to inquire into the Causes of God's Anger, which being met, and pretermitting the Simony of the Prelates, the Ignorance and Negligence of the Priests, the Lechery and Exorbitances of the Clergy, lay all upon the Laity, and concluded, That God was offended for selling the English, as Bond men, and therefore they decree, That all the Englishmen be manumised. But King Henry, Hanmer, 126. upon the Report of these Victories, became jealous of Strongbow, and therefore, by Proclamation, forbids the Transportation of any thing, out of his Dominions, to Ireland, and commands all the English to return before Easter; Speed, 474. and to stop their farther Proceed in Ireland, on pain of forfeiting their Estates in England. Whereupon the Earl used all possible means to appease the King; and sent Reymond le Grosse as his Agent, to submit his Conquests to his Majesty's Pleasure. The King, (who was then in Aquitain) gave Reymond very good Words, nevertheless he still kept a hard hand on the Adventurers. In the mean time Hastulphus, 1172. late Governor of Dublin, returned about Whitsuntide, with sixty Ships, Regan says 10000 and a smart Party of good Soldiers, well armed and provided; he attacked the City of Dublin on the east Side thereof: Miles Cogan, the Governor, boldly made a Sally, but was beaten back with Loss: Which his Brother, Richard Cogan, perceiving, he issued out of the South-gate, and came in the Rear of the Enemy, which so surprised them, that after a small Resistance they were entirely defeated: Hastulphus himself was taken, and it was designed to keep him Prisoner, in Hopes of Ransom, but being brought before the Governor, he foolishly boasted what he would do at the next Invasion, and therefore to prevent it, he was immediately beheaded. About the Calends of May, Dermond Mac Morough King of Leinster died at Ferns; 1172. whereupon Strongbow immediately repaired to Dublin, to keep that City quiet, if possible; but by the King's aforesaid Proclamation he was debarred of Supply either of Men or Victuals, and thereby was reduced to great Distress. Rotherick observing Strongbow's weak Condition, confederated with Gothred, Regan, M. S. King of the Isle of Man, and all the chief Men of Ireland; and having got together thirty Ships, and thirty thousand Men, they besieged Dublin, both by Land and Water; whereunto they were encouraged by Laurence, Archbishop of that City. At the same time the Men of Kensile, and the People of Wexford, to the number of three thousand, besieged Fitz-Stephens, in his Castle of Carrig, which he was then repairing and fortifying, they reduced the poor old Britain to the last Extremity: Nevertheless, his Courage did not fail, but with his small Company (being five Gentlemen and a few Soldiers) he made such a Reisistance, that the Besiegers despaired to reduce him by Force, and therefore they resolved to make use of a Stratagem, which proved effectual at this Time, and therefore hath been too often practised in Ireland, on other Occasions: They brought the Bishops of Wexford and Kildare, a Mass-Book, the Eucharist, and certain Relics, and by them solemnly swore, That Dublin was taken, and that all the English found therein were slain; and that Rotherick was marching towards them, to finish the Siege of Carrig; and that they, in Favour of Fitz-Stephens, and in Contemplation of his great Generosity and Valour, offered him this Opportunity, to put him and his Company on board a Ship, that they might safely return into Wales, before Rotherick and his enraged Army should arrive. The good old Man was wheedled with this Perjury, Stainhurst, 120. and surrendered his Castle; which being done, some of his People were perfidiously murdered, and himself and the rest were kept in Prison. Strongbow was in the mean time reduced to great Distress, in Dublin, his English Soldiers not exceeding the Number of six hundred; Regan, M. S. nevertheless, having no Opinion of the Courage or Integrity of the Irish, he refused to mix with them, or to admit any of them into his Service, except Donell Cavenah, Mac Gely and O Carvi; but being farther pressed, he would have accepted of any Reasonable Conditions; he offered to hold Leinster of Rotherick, and to become his Man (that is, to do him Fealty); but Rotherick would not hear of any thing but an absolute Surrender. Hereupon the Condition of the Irish was secure, and that of the English was desperate: Rotherick was bathing and solacing himself and his Army in a licentious and lose Posture, when Strongbow and his small Garrison (resolving to sell their Lives at the dearest rate they could) made an unexpected Salley into the Irish Quarters; Reymond le Gross, with twenty Knights, and a small Brigade, led the Van; Miles Cogan, with thirty Knights, and his Party, followed; and Strongbow and Fitz-Girald, with forty Knights, and the rest of the Garrison, brought up the Rear. The Consequence of this bold Attempt was an entire Victory; for the Irish (being surprised and out of Order) neither could nor did make any considerable Resistance, but were soon put to Flight, with the loss of one thousand five hundred Men. The next Day Strongbow marched to Wexford, through the Barony of Idrone, to relieve Fitz-Stephens, amongst the Fastnesses of that Country, at a Place called the Earls Place; he was briskly assaulted by O Rian and his Followers; but O Rian being slain by an Arrow shot at him by Nichol the Monk, the rest were easily scattered, and many of them slain. It was here that Strongbow's only Son (a Youth about seventeen Years old) frighted with the Number and Ululations of the Irish, run away from the Battle, and made towards Dublin; but being informed of his Father's Victory, he joyfully came back to congratulate that Success; but the severe General having first reproached him with Cowardice, caused him to be immediately executed, by cutting him off in the Middle with a Sword; so great an Abhorrence had they of Dastardliness in those Days, that in imitation of the Old Romans they punished it with a Severity, which how commendable soever it may be in a General, was nevertheless unnatural in a Father. The Tomb both of Father and Son, is yet to be seen in the Body of Christ-Church, in Dublin, whereon formerly was this bald Epitaph, alluding to this Story. Nate ingrate, Hanmer, 147. mihi pugnanti Terga dedisti, Non mihi, sed Genti, Regno quoque Terga dedisti. When Strongbow came near Wexford, he received the ill News of Fitz-Stephens his Misfortune, as also that the Irish had burnt Wexford, and were retired to the Island Begory or Betherni, and were resolved to kill Fitz-Stephens, if they were farther pursued: Wherefore he turned aside towards Waterford, and marched to that City, where he met Hervy, who was returned with Letters from the King, wherein the Earl was ordered immediately to repair into England. Strongbow presently obeyed, and met the King at Newnham, near Gloucester, on his Journey towards Ireland, with an Army: The Earl behaved himself so dutifully, that the King was soon appeased, for Strongbow did not only renew his Fealty, but did also surrender to the King the City of Dublin, and two canters adjoining, and all Forts and Towns bordering on the Sea. And on the other side, the King was contented that the Earl should enjoy all the rest to him and his Heirs, to be held of his Majesty and his Successors, and so they marched by Severn-side, through South Wales to Pembroke, August. 1172. and at length embarked at Milford Haven. In the mean time O Rorick, and the King of Meath, took Advantage of Strongbow's Absence in England, and Reymond's at Waterford, and with their united Forces besieged Dublin; But Miles Cogan had the Courage to sally, and the Good Fortune to defeat them, with the Slaughter of Orourk's Son, and many of his Followers. On the eighteenth of October, Regan. M. S. King Henry arrived at Waterford with four hundred Knights, and four thousand Soldiers: The People of Wexford came with the first, to make their court, and complimented him with their Prisoner, Fitz-Stephens, whom the King continued in Prison, and smartly chid him for invading Ireland, without his Majesty's special Licence: But this was but a piece of Kingcraft, to ingratiate with the Irish, and to get the City of Wexford, which Fitz-Stephens was forced to part with, and to make his humble Submission; and then at the King's second coming to Waterford, he was restored to his Liberty, and the rest of his Estate. To the King, (at Waterford) came Dermond Mac Carthy, King of Cork, and voluntarily submitted, and swore Allegiance: He also agreed to pay a certain annual Tribute; which being done, the King marched to Lismore, and thence to Cashel, near which, on the Banks of the Sure, came Daniel O Bryan, Prince of Limerick; who in like manner submitted, and swore Allegiance. Whereupon Garrisons were sent to Cork and Limerick, and the King returned to Waterford. In like manner submitted Daniel, Prince of Ossory, O Phelin Prince of Decyes, and all the great Men of Munster: And the King gave each of them a Present, and to all of them gracious and kind Reception. All the Archbishops, Brady, 360. Bishops and Abbots of Ireland, came unto the King of England at Waterford, and received him as King and Lord of Ireland, and swore Fealty to him and his Heirs; and from every Archbishop and Bishop he received a Chart, by which they acknowledged and constituted him King, and submitted unto him and his Heirs, as their Kings, for ever. And according to their Example, the foresaid Kings and Princes received him as King and Lord of Ireland, and became his Men, and swore Fealty to him and his Heirs against all Men. These Charters were transcribed, and the King sent the Transcripts to Pope Alexander, who confirmed, by Apostolic Authority, to him and his Heirs, the Kingdom of Ireland, according to the Form of those Charters, as aforesaid. The King left Robert Fitz-Barnard and his Household at Waterford, and marched to Dublin, through Ossory; by the way he received the Submissions of the Prince of Ossory, O Carol, O Rurk, O Chadess, O Toole, and several others; but Rotherick, the Monarch, came no nearer than the Shannon-Side, where Hugh de Lacie and William Fzadeline, by Commission, received his Oath of Allegiance; and agreed with him for a Tribute; and as the rest did, he likewise gave Hostages for his Performance, so that there was no Prince, or great Man in any part of Ireland, except Ulster, but by his Deputies, or in Person, did submit to the King. Then did the King command to assemble a Synod at Cashel; whereunto the Archbishop of Armagh consented afterwards, though by reason of his great Age he was not present at the Synod: Where, after Christmas; appeared Christianus Bishop of Lismore, the Pope's Legate, Donagh Archbishop of Cashel, Laurence Archbishop of Dublin, and Catholicus Archbishop of Tuum, with their Suffragans and Fellow Bishops, with divers Abbots, Archdeacon's, Priors, Deans, and other Prelates: And the King sent thither Ralph, Abbot of Buldewais, Ralph, Archdeacon of Landaff, Nicholas the Chaplain, and divers other good Clerks; and they made these following Canons. First, Cambrensis, cap. 35. It is Decreed, That all Good, Faithful and Christian People, throughout Ireland, should forbear and shun to marry with their near Kinsfolk and Cousins, and marry with such as lawfully they should do. Secondarily, That Children shall be Catechised, without the Church Door, and Baptised in the Font, appointed, in the Churches for the same. Thirdly, That every Christian Body do Faithfully and Truly pay yearly the Tithes of his Cattle, Corn, and other his Increase and Profits, to the Church or Parish, where he is a Parishioner. Fourthly, That all the Church-Lands and Possessions, throughout all Ireland, shall be free from all Secular Exactions and Impositions; and especially, that no Lords, Earls, or Noblemen, nor their Children, nor Family, shall extort or take any Coin and Livery, Cosheryes, nor Cuddyes, nor any other like Custom, from thenceforth, in or upon any of the Church-Lands and Territories. And likewise, That they, nor no other Person, do henceforth exact out of the said Church-Lands, Old, Wicked and Detestable Customs of Coin and Livery, which they were wont to extort upon such Towns and Villages of the Churches, as were near, and next bordering upon them. Fifthly, That when Earick or Composition is made among the Lay-People, for any Murder, That no Person of the Clergy (though he be kin to any of the Parties) shall contribute any thing thereunto; but as they be guiltless from the Murder, so shall they be free from Payment of Money, for any such Earick, or Release for the same. Sixthly, That all and every Good Christian being Sick and Weak, shall, before the Priest, and his Neighbours, make his last Will and Testament; and his Debts and Servant's Wages being paid, all his Movables to be divided (if he have any Children) into three Parts; whereof one Part to be to the Children, another to his Wife, and the third Part to be for the Performance of his Will. And if so be he have no Children, than the Goods to be divided into two Parts, whereof the one Moiety to his Wife, and the other to the Performance of his Will and Testament. And if he have no Wife, but only Children, than the Goods to be likewise divided into two Parts, whereof the one to himself, and the other to his Children. Seventhly, That every Christian, being Dead, and dying in the Catholic Faith, shall be reverendly brought to the Church, and to be buried as appertaineth. Finally, That all the Divine Service, in the Church of Ireland, shall be Kept, Used and Observed, in the like Order and Manner, as it is in the Church of England: For it is Meet and Right, That as by God's Providence and Appointment, Ireland is now become Subject, and under the King of England; so the same should take from thence the Order, Rule and Manner how to Reform themselves, and to Live in better Order: For whatsoever Good Thing is befallen to the Church and Realm of Ireland, either concerning Religion, or peaceable Government, they own the same to the King of England, and are to be thankful unto him for the same: For before his coming into the Land of Ireland, many and all sorts of Wickedness, in Times past, flowed and and reigned among them; all which, now by his Authority and Goodness are abolished. And so (says Cambrensis) they having owned the King Supreme in Church and State, he confirmed their Canons, by his Royal Authority: And it seems to me, That at the same Synod the King declared his Pleasure to govern Ireland by the Laws of England: Whereto they consented, and swore Obedience accordingly, for thus my Author phrases it: Leges Angliae sunt ab omnibus gratanter receptae, & juratoria, cautione praestita confirmatae. Temple, 5. And though others say, This was done at a Synod, Matth. Paris. held about this Time at Lismore: Yet I rather believe, That the Bishop of Lismore, his presiding at Cashel (as he did, being the Pope's Legate) gave rise to the Mistake of the Place; than that there should be two such famous Synods celebrated in the same Province, in one Year: But however that be, this is certain, That the King, soon after his return into England, caused an ancient Treatise, 4 Inst. 12. called, Modus tenendi Parliamentum, to be transcribed in a Parchment-Roll, and to be sent into Ireland, for their better Instruction. The King kept his Christmas at Dublin, in as great State as that Place would admit of; for there was not any House to be found there, that was capable of his Retinue, and therefore he was necessitated to build a long Cabin, with smoothed Wattles, after the Fashion of the Country, and almost in the Nature of a Tent, which (being well furnished with Plate, Householdstuff and good Cheer) made a better Appearance than ever had been seen in Ireland, before that Time, and accordingly it was admired and applauded by the Irish Potentates, who flocked thither to pay their Duty to the King. But it was Time for Henry to mind his Foreign Affairs, and therefore, in order to his return to England, he went to Wexford, and there he stayed almost three Months, during which Time, the Wether was so tempestuous, that Ships durst not adventure to Sea; so that the King could neither get to England, nor receive any Intelligence from thence: At length, after Mid-Lent, a Vessel arrived, with the bad News, of the King's Sons being in Rebellion; and of the coming of the Pope's Legates, to Interdict the Kingdom, for the Murder of Becket: He was also distressed, in Ireland, by the Plague, which raged in his Army, and by the want of Victuals, which now began to be very scarce and dear, so that he was necessitated to hasten to England; although he was much troubled to leave Ireland in that unsettled Condition, and without some Castles and Fortresses, which he designed, and thought necessary for its Conservation. But the King's Jealousy was not so much of the Irish, as it was of Strongbow, whose Reputation and Interest were very great: And therefore, to balance him, the King raised several Grandees, and gave them large Portions of Land, together with great Jurisdictions and Privileges; particularly he gave Ulster to the famous John de Courcy, and Meath to Hugh de Lacie; and left Lacie, with twenty Gentlemen, and Robert Fitz-Stephens and Maurice Fitz-Girald, with twenty more, Governors of Dublin. Waterford was committed to the Care of Humphrey de Bohun, Robert Fitz-Barnard, and Hugh de Gondeville, who had twenty Gentlemen to attend them; and William Fitz-Adelme, Philip of Hastings, and Philip de Bruce had the like number of Gentlemen to keep Wexford: And so, in the Morning, on Easter-Monday, the King went on Board, and was by Noon, the same Day landed at S. David's in Wales: He left Hugh de Lacie Chief Governor, Some call him O R●●●k. or Lord Justice of Ireland; who kept his Residence at Dublin, and thither came to him O Mlaghlin of Meath, to complain of some Hardships and Inconveniences, he pretended to suffer in that Country, or rather to adjust Matters between them, about their respective Interests and Estates in Meath; for he desired a Parley at the Hill of Taragh: To which Lacie very readily consented. And so, after reciprocal Oaths for each others Safety, 1173. they met at the Time and Place appointed: O Mlaghlin had treacherously prepared an Ambush, and when he found his Opportunity, he gave them the Signal; and upon their Approach, he with a Pale Grim Countenance, and with a Spar in his Hand, made up to Lacie, and assaulted him. But it happened, That one Griffith, the Night before the Parley, had dreamt, That a parcel of Hogs fell upon Lacie, and had killed him, if he had not slain the great Boar: This Dream being told to Maurice Fitz-Girald, he gave such regard to it, as Superstitious Men commonly do to such Whimsies; and believing that it did forbade some Danger to Lacie, he caused Griffith, and six more, secretly to arm themselves, and to ride near the Place of Parley, as it were for Pleasure, and to be ready at any Alarm. Maurice Fitz Girald (as soon as he discovered O Mlaghlin's Design) gave the Signal to Griffith, but before he could come up, the Irish had killed Lacy's Interpreter, who interposed, to save his Master, and had his Arm cut off for his Pains; Lacie himself was twice knocked down, but Griffith being come, he soon ended this Skirmish, by the Death of O Mlaghlin, whose Head he cut off, and sent it into England. But Lacie being unable to manage the Kingdom, and the King being so perplexed with the Rebellion of his Sons, that he could not personally attend the Irish Affairs, it was necessary to send for Strongbow into Normandy (where the King was) and to give him the Government of Ireland. Strongbow being sent for, did readily wait on the King, and being made acquainted with his Majesty's Intentions, he made it his Request, That to avoid Envy and Jealousy, Reymond le Gross, might be his Colleague in the Government. The King replied, That Reymond should be joined with him, as an Assistant, but not in Commission: And so having expressed much Confidence in the Earl, he gave him the City of Wexford and the Castle of Wicklow, and sent him to his Government. Richard Earl of Chepstow, commonly called Strongbow, Chief Governor, or Lord Justice of Ireland, at his arrival there, found all things in Disorder, many of the Irish actually revolted, and all of them confederated to shake off the English Yoke; the Army also was Mutinous for want of Pay, and the Generals (Hervy and Reymond) were at odds. Immediately he put the Army under the Conduct of Reymond; 1174. who led them into Ophaly; where they met with good Prey: Thence he advanced to Lismore, and spoiled both the Town, and the Country; and so, by the Seaside, he marched towards Waterford: At Dungarvan he found thirteen Boats; which he seized, and loaded with Prey and Plunder: But being detained there a long time, by contrary Winds, the People of Cork found means to fit out thirty two Barks, and manfully assaulted the English in their Boats; nevertheless the English Bows and Arrows prevailed, and the Corcagians were defeated, and their Admiral, Gilbert mac Turger, slain: Whereupon the English, under their Admiral, Adam de Hereford, sailed triumphantly into Waterford. Dermond mac Carthy, King of Cork, came, with his Forces, by Land, to countenance the aforesaid Attempt of the Corcagians, by Sea, and to seize on the English Boats, if perhaps they should be forced ashore, as he expected; but Reymond met him, and gave him such a Brush, that he got a Prey of four thousand Cows, by the Bargain, and brought them safe to Waterford. But whilst Reymond was thus busied in Munster, he received Advice of the Death of his Father, William Fitz-Girald; which obliged him to take a Voyage into Wales, to get Possession of the Inheritance, descended to him: By this Accident the Command of the Army fell to Hervy; and abundance of Trouble and Misfortune happened to the Earl. For it was not long, before Hervy persuaded the Earl to an Exploit, 1175. somewhere about Cashel, and in order to it, to send for more Forces from Dublin; but Donald, Prince of Ossory, having Notice of it, surprised them in their March, and fell upon them in Ossory, where he slew four Gentlemen and four hundred Soldiers, being of that sort of the Citizens of Dublin, which were called Easterlings. With this great Victory, the Irish were elevated beyond measure, and fancied, They had now got a favourable Opportunity to extipate the English: And to that End they armed every where; and even those Irish whom he had most obliged, and those also from whom he had Oaths and Pledges did, nevertheless, join with the rest in this General Conspiracy. Rotherick, with a mighty Army passed the River Shenin, and Burnt and Preyed the Country, even to the Walls of Dublin: And Strongbow was cooped up in Waterford, in continual Fear of a Massacre there●▪ In this miserable Condition, he sent to Reymond, into Wales, desiring him to hasten over; and promised him the Fair Basilia (Strongbow's Sister) as the Reward of his Expedition. Reymond made all possible Hast, and with thirty Gentlemen, an hundred Horsemen, three hundred Archers and Footmen, and in twenty Barks arrived at Waterford very seasonably, for the Citizens were then conspiring the Murder of the English; which by this Accident was postponed for a Time. Immediately the Earl, Reymond, and the Army, marched to Wexford; and soon after the Citizens of Waterford murdered the Governor Pursel, and butchered all the English, Men, Women and Children, except such as saved themselves in Reginalds Tower: But they manfully kept that Tower, and afterwards regained the City, and forced the Citizens to submit to hard Conditions. Strongbow and the Army being at Wexford, Reymond was married to the Fair Basilia, and had with her Idrone, Glascarig, Fothard, and the Constableship of Leinster: But in the midst of their Jollity, they received Information, That Rotherick had invaded Leinster; wherefore the next Day they marched towards Dublin: But Rotherick, at the News of their Approach, retreated; and Reymond caused the ruined Castles to be repaired, particularly the Castle of Trim, and so hoped that he might now enjoy his Beautiful Spouse in quiet. But the Prince of Limerick was resolved to follow his Blow, and continued in open Defiance; so that Reymond was forced to march to him, September, 1176. with twenty six Gentlemen, three hundred Archers, and three hundred Horsemen: David Walsh forded, or rather swum, the River of Shenin, into the Island of Limerick, whom (by Reymond's Persuasion and Example) the rest followed, October 1. and took that City; and after plundering it, they left a Garrison in it, under Meyler of S. David's, consisting of fifty Gentlemen, two hundred Horse, and two hundred Archers; and returned. Hervey of Mount-Morris, by his Letters to the King, had suggested, That Reymond intended to keep Limerick for himself; and that he and Strongbow would monopolise Ireland, and several other Falsities; which so moved the King's Jealousy, that he sent over Robert Power, Osbert of Hereford, William Bending, and Adam of Germeny; whereof two were to bring over Reymond, and the other two to stay and watch the Earl. In the mean Time, Letters came from Limerick, importing; That the Garrison was in Distress, besieged by Daniel O Bryan: Whereupon it was resolved, as well by Strongbow, as by the new Messengers, That Reymond must undertake to relieve it. Wherefore taking with him eighty Gentlemen, two hundred Horse, and three hundred Archers, with some Irish, under Morough of Kensile, and Donold of Ossory, he marches towards Limerick; but O Bryan not willing to fight with the Army and Garrison at once, raiseth his Siege, and marches towards Cashel, 1177. and by plashing the Trees, and trenching his Camp, he made it as strong as he could. It was pleasant to behold the Prince of Ossory, who was O Bryan's Mortal Foe, to tell the English, That they must fight valiantly, and be Victors, or He and His, would cut their Throats, for he was resolved to be of the strongest Side; and though he would help them whilst they sought, he would certainly turn against them, if they fled. But the English Valour needed not such a Whetstone, for, according to their Custom, they fell upon, and routed the Enemy, and marched to Limrick, and relieved the Garrison; which produced a Parley, Easter-Tuesday. and that a new Submission and Hostages, as well from Daniel Prince of Limrick, as from Rotherick, late Monarch of Ireland, who sent his Son over to the King, as Hostage of the Peace; 1177. and afterwards, by his Agents, the Archbishop of Tuam, the Abbot of S. Brendam, and Laurence, his Chaplain, entered into the following Agreement. Hic est finis & Concordia quae facta fuit apud Windesore, Hanmer, 144. in octabis Sancti Michaelis, anno gratiae 1177. inter Dominum Regem Angliae, Henricum secundum, & Rodericum Regem Conaciae, per Catholicum Tuamensem Archiepiscopum, & Abbatem C. Sancti Brandani, & Magistrum Laurentium, Cancellarium Regis Conaciae. I. QVod Rex Angliae concedit praedicto Roderigo, Ligeo homini suo Regnum Conaciae, quamdiu ei fideliter serviet, ut sit Rex sub eo, paratus ad servitium suum, sicut homo suus, & ut teneat terram suam, ita bene, & in pace, sicut tenuit, antequam Dominus Rex Angliae intravit Hiberniam, reddendo ei tributum: & totam illam terram & habitatores terrae habeat sub se; & Justitiae ut tributum Regi Angliae integre persolvant, & per manum ejus sua jura sibi conservent, & illi qui modo tenent, teneant in pace, quamdiu mansuerint in fidelitate Regis Angliae, & fideliter & integre persolverint tributum, & alia jura sua quae ei debent, per manum Regis Conaciae, salvo in omnibus jure & honore Domini Regis Angliae & suo. II. Et siqui ex eis Regi Angliae, & ei Rebelles fuerint, & tributum & alia jura Regis Angliae, per manum ejus solvere noluerint, & à fidelitate Regis Angliae recesserint, ipse eos justitiet & amoveat, & si eos per se justitiare non poterit, Constabularius Regis Angliae & familia sua de terra illa juvabunt, cum ad hoc faciendum, cum ab ipo fuerint requisiti, & ipsi viderint quod necesse fuerit, & propter hunc finem reddet proedictus Rex Conaciae Domino Regi Angliae tributum singulis annis, scilicet de singulis decem animalibus, unum Corium placabile mercatoribus, tam de tota terra sua, quam de aliena. III. Excepto quod de terris illis quas Dominus Rex Angliae retinuit in Dominio suo, & in Dominio Baronum suorum nihil se intromittet: Scilicet Durelina cum pertinentiis suis, & Media, cum omnibus pertinentiis suis, sicut unquam Murchait, Wamai, Leth-Lachlin eam melius & plenius tenuit, aut aliqui qui eam de eo tenuerint. Et excepta Wexfordia, cum omnibus pertinentiis suis; scilicet, cum tota Lagenia; & excepta Waterfordia, cum tota terra illa quae est à Waterfordia usque ad Dungarvan; ita ut Dungarvan sit, cum omnibus pertinentis suis, infra terram illam. IV. Et si Hibernenses illi qui aufugerint redire voluerint ad terram Baronum Regis Angliae, redeant in pace reddendo tributum praedictum quod alii reddunt, vel faciendo antiqua servitia, quae facere solebant pro terris suis, & hoc sit in arbitrio Dominorum suorum, & si aliqui eorum redire noluerint, Domini eorum, & Rex Conaciae accipiat obsides, omnibus quos ei commisit Dominus Rex Angliae, ad voluntatem Domini Regis, & suam, & ipse dabit Obsides ad voluntatem Domini Regis Angliae illos vel alios, & ipsi servient Domino de Canibus, & Avibus suis singulis annis de pertinentiis suis, & nullum omnino de quacunque terra Regis sit, retinebunt contra voluntatem Domini Regis. His testibus Richardo Episcopo Wintoniae, Gaufrido Episcopo Eliensi, Laurentio Duveliensi Archiepiscopo, Gaufrido, Nicholas & Rogero Capelanis Regis, Gulielmo Comite Essexii, & aliis multis. Whilst Reymond stayed at Limrick, there came to him Dermond Mac Carthy, King of Cork, craving Aid against his Son Cormock Lehanagh, who had imprisoned him, and used him barbarously; Reymond assents upon the Terms agreed between them, conquers where he goes, subdues the Rebellious Son, and delivers him Prisoner to his Father, who unnaturally smote off his Head; and not long after (says Cambrensis) the Men of Cork, at a Parley, not far from the Town, slew their Prince, the aforesaid Dermond mac Carthy, and most of his Company. It seems that Dermond mac Carthy, King of Cork, gave unto Reymond, for this Expedition, a large Tract of Land in the County of Kerry, then reckoned part of the Kingdom of Cork; there Reymond settled his Son Maurice, who married Catherine, Daughter of Miles Cogan, and grew so Great and Powerful, that he gave Name both to his Country and his Family, this being called Fitz-Morris, and that Clanmorris, and both the one and the other are enjoyed, to this Day, by his Lineal Heir Male, the Right Honourable William Lord Baron of Kerry. Whilst Reymond was in the County of Cork, he received a Letter from his Wife in these Words. KNow, my dear Lord, That my great Cheek Tooth, which was wont to ache so much, is now fallen out; wherefore if you have any Care or Regard of me, or of yourself, come away with all speed. By this Reymond knew that Strongbow was dead; 27 May, 1177. but he wisely concealed it, and immediately returned to Limerick. And because he wanted the Soldiers to garrison the Towns near the Sea, he delivered the City to Donald, Prince of Thomond the King's Subject, upon a new Oath and Hostages; but he, as soon as the Garrison was out, perfidiously set Fire to the City in four Places, that it might be no more a Nest for English Men. Thence Reymond marched to Dublin, and the Funerals of the Earl were there solemnised by the Archbishop of Dublin. The King's Messengers returned to England, with an account of the State of Affairs, leaving (with the Consent of the Council) the chief Government, with Reymond; who soon after surrendered to William Fitz-Adelm Ancestor of the Burks or burgh's (the King's Sewer or Taster) with whom were sent Courcy Fitz-Stephens and Cogan, as Counsellors and Assistants: He was allowed twenty Gentlemen, and they ten a piece. He landed at Wexford, whither Reymond marched to meet him; he viewed the Seacoasts, and took Care of the Towns and Castles that way, but did not much mind the Frontiers, against the Irish. This William Fitz-Adelm was related to the Crown, for Arlotte, Mother of William the Conqueror, was married to Harlowen de Bourgo, by whom she had Robert, Earl of Cornwall, and Odo Bishop of Bayeux, half Brothers to the Conqueror; Robert had Issue, William Earl of Cornwall; who had Issue, Adelm and John; Adelm had Issue, this William Fitz-Adelm; and John had Issue Hubert de Burgo, that was Chief Justice of England, and Earl of Kent, and one of the greatest Men of his Time. And this William Fitz-Adelm, though he be represented as an ill Man, by the Historians of that Age, yet he founded one of the Best and Noblest Families in Ireland, viz. that of the Burks, which has yielded many Brave and Worthy Men, that have proved eminently serviceable to their King and Country, whereby their Name, Estate and Family are preserved in great Honour and Reputation to this Day. John de Courcy, who married the Daughter of Gothred, King of the Isle of Man, had contracted an intimate and entire Friendship with Sir Armoricus Tristerum, alias, de Sancto Laurentio, who afterwards married his Sister. My Author says, they were sworn Brothers in the Church of Rouen; but certainly there was such Kindness between them, that Courcy was resolved to share his Conquests in Ulster with him: And being troubled at the sordid Humour of Fzadelme, and simpathizing with the Wants and Grievances of the Soldiery, in February 1177, 1177. he led forth twenty Knights and three hundred Foot-Soldiers, besides Servants, and marching through Vriel, in four Days (or rather early the fifth) he came to the City of Down, which, without Resistance, he took and rifled; for the Citizens were not in any Posture of Defence, because they had not the least Fear, or so much as a Thought of an Enemy. The Lord or Governor Dunlenns, or O Donel, perceiving the Amazement and Irresolution of his People, was necessitated to withdraw, leaving the Legate Vivianus to negotiate, in his behalf, with Courcy, and to offer him a Tribute, if he would peaceably retire; but Courcy was transported with some blind Phrophecies of Merlin and Columbus, which he interpreted of himself, and fancied nothing less, than the entire Conquest of Ulster; and therefore rejected all Overtures of Accommodation. Whereupon O Donel, This Battle at large, Hanmer, 150. with the Assistance of Rotherick, and the rest of his Neighbours (who made it a common Cause) soon raised an Army of ten thousand Men, and with them designed to besiege the City of Down: But Courcy chose rather to fight a Battle in the Field, than stand a Siege in the Town, and the Success justified his Choice, for he routed the Enemy with great Slaughter, and took the Bishop of Down Prisoner; but at the Intercession of the Legate, he was released. About Midsummer following, the Ulster Men, to the number of fifteen thousand, fought another Battle with Courcy, near Down, and though it was very Bloody on both sides, yet the Honour of the Day is by my Author given to Courcy. His third Battle was in the Ferny, against eleven thousand Irish (the English not being above the tenth part of their number): The Occasion of it was thus; Sir John de Courcy had built many Castles in Ulster, especially in that part of it called Ferny, where Mac Mahon dwelled; he was very observant of Courcy, and made him his Gossip, and had sworn Fidelity to him, and had so far insinuated himself into Courcy's Favour, that the Britain gave him two Castles, with the Lands belonging to them; but within a Month Mac Mahon demolished both the Castles: And being asked the Reason, why he did so? he answered, That he did not promise to hold Stones, but Land; and that it was contrary to his Nature to live within cold Walls, whilst the Woods were so nigh. Courcy was nettled with this slight Answer; and to revenge the Affront, entered the Ferny, and took so large a Prey of Cows, that he was obliged to divide them into three Droves, for convenience of Driving; the Ways were boggy, and also so narrow, that the Prey filled the Road for three miles together. The Irish, observing these Circumstances, set upon the English, with such Briskness, Noise and Clamour, that forced the Cow's back, and made them run, like Devils, upon their Drivers, so that they overthrew both Horse and Man, and trod more underfoot than were slain by the Sword: In a Word, the English were routed, and although they had slain nineteen score of the Irish, and their General, Mac Mahon, himself, yet they were forced to run for their Lives, and much ado they had to recover an old Fort of Courcy's; where they made a shift to secure themselves, although the Irish were encamped vey near them. About Midnight Sir Amorick went to view the Posture of the Irish, who (not in the least mistrusting that a baffled handful of Men, would dare to attempt them) were in a lose and negligent Condition, most of them asleep, even their very Guards and Sentinels. This being reported to Courcy, they easily agreed to make use of this Advantage; and immediately with all their Force fell upon the Irish, and surprised them to that degree, that they could make no Resistance; so that they were all slain, except two hundred, who made their escape; and of the English there were but two killed in this Encounter, and four hundred the Day before. About this Time the Legate, Vivianus, held a Synod at Dublin; in which he published the King's Title to Ireland and denounced Excommunication against all that should oppose it: He also gave Leave to the English, to take out of the Churches and Monasteries such Corn and other Provision as they should at any time need, paying the true Value thereof, for the same: He gave the People Indulgences, and they gave him Money; and so they parted very well pleased on both Sides. Miles Cogan and young Fitz-Stephens invaded Connaugh, as far as Tuam, but could not make any Stay there for want of Victuals, for the Inhabitants had removed or destroyed all their Provision, and fled away, upon the News of the Approach of the English. And here let me observe, once for all, That want of Provision hath frustrated more great Designs, and well-contrived Expeditions in Ireland, than any other Defect or Accident whatsoever. But Rotherick King of Connaugh, having Notice of this March, and knowing the English would be forced to return in a little Time for want of Victuals, he placed an Ambush in a convenient Station; which, according to their Orders, fell upon the English, in their Retreat, but did no greater Mischief than the kill of three English Men, and that with the Loss of many of themselves. This Governor, Fitz-Adelm, was very unkind to Reymond and all the Geraldines, and indeed to most of the first Adventurers: He forced the Sons of Maurice Fitz-Gerald to exchange their Castle of Wicklow for the decayed Castle of Fernes; and when they had repaired that Castle of Fernes, he found some Pretence or other to have it demolished. He took from Reymond all his Land near Dublin and Wexford: He delayed the Restitution of Fitz-Stephens to his Lands in Ophaly, till he made him consent to accept of worse situated Land, in lieu of it. He made his Nephew, Walter Almain, (a corrupt beggarly Fellow, says Cambrensis) Seneschal of Wexford and Waterford, who received Bribes, from Mac Morough of Kensile, to prejudice the Fitz-Geralds; and so Mercenary was Fitz-Adelm himself, that the Irish flocked unto him, as to a Fair, to buy their Demands. At last, having neither done Honour to the King, nor Good to the Country, he was revoked, and in his Room the King appointed Hugh de Lacie, 1179. Lord Justice of Ireland, to whom Robert le Poer, the King's Marshal, Governor of Waterford and Wexford, was made Coadjutor, Counsellor or assistant. The King, Lib. G. Lamb. at a Parliament held at Oxford, anno 1177, had given the Kingdom of Cork, The Patent. from the River next Lismore, running between that and Cork (i.e. the River Bride) to Knock-Brandon, near the Shenin, and so to the Sea, unto Cogan and Fitz-Stephens; Tenendum of him and his Son John, per sexaginta feoda militaria; except the City of Cork, and the Cantred adjoining, which was the Eastmens'. He also gave the Kingdom of Limerick to the Brothers and Nephew of Richard Earl of Cornwall; but they finding they could not get Possession, in a little Time surrendered their unprofitable Grant: Whereupon the King bestowed it upon Philip de Broase, to be held of the King and his Son John, by sixty Knights Fees; and the City, and a Cantred adjoining, were likewise excepted out of this Grant. These three Adventurers joined their Forces together, and came to Waterford in November, and so coasted it to Cork, where they were kindly received by Richard de Londres, the Governor. Cogan and Fitz-Stephens agreed with Mac Carthy, and the Irish Gentry; That they should hold four and twenty canters, paying a small yearly Rent; and of the seven canters, near Cork, Cogan had the four Southrens, and Fitz-Stephens, the three that were on the East-side of the City. The Kingdom of Cork being thus settled, they marched with Broase to Limerick, with sixty Gentlemen, one hundred and fifty Horse, and a smart Party of Foot: As soon as the Citizens perceived them, they set the Town on Fire; at which desperate Barbarity, Broase was so offended, that he could not be prevailed upon, by any Arguments, to settle there, or to have any thing to do with such Rash and Heathenish People, and therefore they returned to Cork; which for some Time after, Cogan and Fitz-Stephens jointly and happily governed. This Kingdom of Cork descended to Daughters, Hooker, 46. Hanmer, 158. Brady, 369. and so came by Marriage to Robert de Carew and Patrick de Courcy, about the twentieth Year of the Reign of Henry III. Courcy's part of it was afterwards subdvided among many Daughters, who were Heirs General of that Family, so that a very small Proportion of it remains with the Heir-Male of that Name, who was anciently Baron of Ringrone, but now has the Title of Lord Baron of Kingsale. As for the carew's, they were Marquesses of Cork, and built the Castles of Ardtully, Dunkeran and Down Marque; but they removed out of Ireland, in the Time of the Civil Wars between York and Lancaster, and others intruded into their Possessions and Estate, and keep them to this Day, except what they have sold or forfeited. About this Time Sir Thomas de Clare obtained a Grant of Thomond, Davis, 122. as Otho de Grandison did of Typerary, and Robert le Poer, of Waterford, and William Fitz-Adelm also got a large Proportion of Connaugh. But it is time to return to the valiant John de Courcy, Brady, 368. who was engaged in Vriel, on this Occasion; he had sent into England for Victuals, Ammunition and other Necessaries; the Ship, by Stress of Wether was driven into a Creek, called Torshead; O Hanlon and his Followers immediately came on Board the Vessel, and murdered all that were in it, and seized on the Cargo. As soon as Courcy had Notice of this Misfortune, he drew his Men together, being above a thousand, and marched towards the Newry; on the Way he received Advice, That the Irish were encamped near Dundalk, in a great Body, to the Number of seven thousand: Courcy sent a Friar to them, and instructed him to tell them, That there were great Forces arrived at Drogheda, from England, and that they were very near them; and to justify this Story, the English did march with the greatest Show and Appearance they could make, and made a great Shout, wherewith the Enemy was so daunted, that they fled towards the River, in great Confusion; but the Tide being in, many were drowned, and more were slain: However, O Hanlon, and the greatest part of his Army, got over the River; but the Friar guided the English over a Ford, so that they came to a second Encounter, wherein the Irish were so desperate, That the English Foot were forced to retire; but the Valiant Sir Armorick, came in seasonably to their Rescue, and persuaded them to rally, and to make another Charge, which they performed so briskly, that the Irish were obliged to withdraw to the Fews, as the English also did to Dundalk, neither Party much boasting of the Victory, because the Slaughter was great on both sides. About this time two Cardinals come to England, to invite the English and Irish Bishops to the Council of Lateran: There went from hence Laurence Archbishop of Dublin, Catholicus Archbishop of Tuam, and others; but all of them first swore, Not to procure any Damage to the King or his Dominions: Sullevan. Which Oath Laurence did not very religiously observe, for he not only spoke vehemently, in the Council, against the King's Administration of Affairs in Ireland, but (as the Irish say) he obtained a Bull of Revocation from the Pope, annulling the former Bulls granted to the King: But this is not probable, because no such Bull is extant, and if there were, it would be void; but it is certain he was an inveterate Enemy to the English, and gave them all the Opposition and Disquiet he could. However, he was reputed a very Holy Man, being zealously addicted to the Superstitious Devotion, Hanmer, 163. so that he was canonised by Pope Honorius III. This is recorded of him, That he was so grateful to the See of Rome for his Pall, or so great an abhorrer of Immodesty, that he refused to absolve the Priests convicted of that Sin, insomuch that he sent one hundred and forty of them to Rome, to pay for their Absolution there. But it is time to return to the Lord Justice Lacie, who governed very well, and built many Castles in convenient Places, and particularly Castledermond, Leighlin, Leix, Delvin, 1180. Carlow, Tullaghphelim and Kilka; and Courcy was no less diligent in raising that kind of Fortification in Ulster: However, Lacie had given just Cause of Jealousy, by marrying the Daughter of Rotherick, King of Connaught; whereupon his Enemis impeached him, suggesting that he confederated with the Irish, to raise a Monarchy for himself: Whereupon he was recalled, and the Government committed unto John Constable of Cheshire, May, 1181. Baron of Halton-Castle, and Richard de Peach, Lord Bishop of Coventry, Lords Justices of Ireland: But they continued in that Dignity but three Months; for Lacie behaved himself with that Discretion and Modesty, and gave the King such Satisfaction, in all Matters objected against him; That, Hugh de Lacie, August. 1181. Lord Justice, was again sent over, with Robert of Shrewsbury, a Clergyman, his Assistant; and about the same time the famous Courcy also returned, being Dignified with the Titles of Lord of Connaught, and Earl of Ulster, and accompanied with his Brother S. Laurence. There were some who reported, That these two fought a successful Battle with the Irish, Brady, 367. at the Bridge of Ivora, near the Hill of Hoath, where the Valour of S. Laurence was so conspicuous, that it got him both the Land and Title of Hoath; which last continues to this Day in his Name and Family. We left Cogan and Fitz-Stephens in the peaceable Enjoyment of their Kingdom of Cork; but we shall not find them so, for Cogan and young Fitz-Stephens, at the Persuasion and Invitation of one Mac Tirid, made a Journey to Lismore, to treat with the Men of Waterford about some Controversies that were between them; they were to lodge at Mac Tirid's House, but he perfidiously took his Opportunity, and unexpectedly fell upon them, and murdered them and five of their Company. Immediately the whole Country was up in Arms, and conspired a general Rebellion, Donald More in Curraugh, Mac Carthy (whom the Irish still called King of Cork) got his Forces together, and laid Siege to the City, not doubting but that he had now a favourable Opportunity to expel the English thence. The Poor Old Fitz-Stephens was in a sad Condition, distressed by Enemies without, and Suspicions of Traitors within; he had no Hopes of Relief or Assistance, saving only from Reymond le Gross, who lay at Wexford; to him a Messenger was sent, and without Delay put to Sea, with twenty Gentlemen, and one hundred Archers, and entered the River of Cork; whereupon the Enemy dispersed, and all was set at Rights again. Nevertheless, as soon as the King heard of the aforesaid Treachery, he sent Richard Cogan, Philip Barry, Giraldus Cambrensis, and a Good Party of Horse and Foot, to help Fitz-Stephens; by their Assistance the City and Kingdom of Cork were kept in Quiet for some Time; but the Old Fitz-Stephens had but little Benefit of it, for being much broken with Age and Misfortunes, he first lost his Senses, and not long afterwards his Life. But Lacie, the Lord Justice, was again become suspected; for as he grew Great, his Enemies grew Envious, and the King Jealous, so that he was once more sent for, and, Philip of Worcester, September, 1184. Lord Justice or Governor of Ireland, came over with a smart Party of Horse and Foot; he also brought with him Hugh Tirrel, a Man of ill Report: He was not long in the Government, before he seized on the Lands of O Cathesie to the King's Use, though Lacie had formerly sold them: He also went a Circuit, to visit the Garrisons, and in March came to Armagh, where he exacted from the Clergy a great Sum of Money; thence he went to Down, and so to Dublin, loaden both with Curses and Extortions. Tirrel took a Brewing-Pan from the poor Priests at Armagh, and carried it to Down, but the House where he lay was burnt, and so were also the Horses in the Stable, so that he was fain to leave the Pan, for want of Carriage; and Philip had a severe fit of the Gripes, like to cost him his Life; both which Punishments (they say) were miraculously inflicted upon them for their Sacrilege. In July came over John Coming, Archbishop of Dublin, to prepare for the King's youngest Son, John Earl of Moreton; to whom the Kingdom of Ireland was assigned, towards his Portion. Brady, 369. Some say that he was made King of Ireland at the Parliament held at Oxford, 4 Inst. 360. anno 1177. his Father having obtained Licence from the Pope, to make which of his Sons he pleased King thereof, saving to the See of Rome the Peterpences, and the rest of its Rights: And it seems Pope Vrban the Third sent Cardinal Octavianus and Hugo de Nunant, his Legates, to crown John King of Ireland, and by them sent him a Crown of Peacock's Feathers: But King Henry better considered of that matter; and either because he would not seem to derive his Son's Title from the Pope, or because he was loath to trust his Son with that Royal Style (having already suffered by the like Indulgence to his eldest Son) or because he saw it Inconvenient and Illegal, to separate Ireland from the Crown of England: It is certain he found means to carry the Legates with him into Normandy, and thereby prevented that (once designed) Coronation: So that the Impression of the Great Seal of Ireland was no more than this, Johannes Filius Regis Angliae, Speed, 478 Domini Hiberniae. Earl John was then about twelve Years old, when on Wednesday in Easter-week, 1185. anno 1185, with about four hundred Gentlemen, most Normans, some Clerks, and particularly Giraldus Cambrensis, and a great Company of others, he took Shipping at Milford-Haven, being accompanied to the very Ship by Randulph Glanvile, principal Counsellor of the King and Kingdom, and Justiciary of England. The Irish Potentates flocked to their new Prince; but their Trousers and Mantles, their Glibbs and Behaviour, were derided by the Normans, who used them scurrilously; one pats the Irish Prince on the Pate, another pulls him by the Mantle, a third pricks him in the Breech with a Pin, a fourth shuts the Door upon his Heels; every Body abuses them: Wherefore away they get as fast as they can, and everywhere published the Ill Usage they received at Court. Rotherick O Conner, Mac Carthy and O Bryan, were then preparing for their Journey; but upon this News, they better considered it, and confederated to raise a general Rebellion. There were many Reasons why Earl John's Voyage to Ireland was not successful. The Superstitious People observed, That he had not paid his Devotions at S. David's, before he embarked; and attributed it to that. Others blamed him and his Followers more for their Rude and Ungenteel Abuse of the Irish Lords and Gentlemen. Others imputed all to the Debauchery of the Soldiers, who, by the example of their Captains, were grown Idle and Insolent: Wherein they were the more indulged, because they were ill paid. To these may be added the Litigiousness of the Natives in Towns and Cities; who were perpetually wrangling with and suing such new Inhabitants as came to settle among them. But there was a greater Cause than all these; which arose from the different Interests then in Ireland; which influenced the Normans, English, Welsh, and the Natives. The Normans were most in Favour, and consequently luxurious; they always followed the Court, and hated to be put in Frontier Garrisons or Places of Danger: They were (says Cambrensis) great Talkers, Boasters and Swearers, very Proud, and Contemners of all others, greedy of Places of Places of Honour and Profit, but backward in undertaking any hazardous and dangerous Action, or performing any Service that might deserve them. Moreover, many of the English and Welsh were dispossessed of their best and safest Castles, to make Room for the Normans, and forced to take others, in Exchange, on the Frontiers; by which means they were impoverished and discouraged. Add to this, That several of the faithful Irish, who had submitted to the English Government, and lived within their Quarters; and thereby became acquainted with the English Conversations, Humours, Strength, Policies, Seats and Habitations, were likewise dispossessed, to make Room for the Normans, and thereby forced to revolt to the Irish, and became the most Dangerous of all the Enemies, as being most Knowing and most Provoked. And thus it came to pass, that after Earl John had wasted his Army in small and unprofitable Skirmishes, and had stayed eight months, and done no other Good, than that he built the Castle of Tybrach (perhaps Typerary) Lismore and Ardfinin, the King sent for him and his Beardless Counsellors; and in his Room substituted▪ John de Courcy Earl of Ulster, Lord Lieutenant of Ireland; he brought over with him about four hundred Volunteers: 1185. September. And soon after his arrival, he made a Progress into Munster and Connaught, to put those Countries in order; but it seems he fell into an Ambush, or had some Skirmish with the Irish, for it is said, That he lost twelve Knights in his Return from Connaught. 1186. On Midsummer-day the Prime of Limerick slew four Knights, and a great part of the Garrison of Ardfinin: And soon after, by a 'Slight, drew that Garrison into an Ambush, by exposing a Prey to their View, which they thought to have taken; but he fell upon them and surprised and slew most of them. But the Irish had not so good luck in Meath, where they of Kenally had made Incursions and taken a Prey, for William Petit rescued the Prey, defeated them with great Slaughter, and sent an hundred of their Heads to Dublin. Old Lacie was now busy, building his Castle of Derwath, and himself working with a Pick-ax for Diversion, when one of the malicious and ungrateful Workmen, took the Opportunity, whilst he was stooping, Cambden, 151. and with another Pick-Ax knocked out his Brains: And it seems there was an Insurrection thereupon; for it is said, That Courcy and Young Lacie revenged the Murder, and reduced all things to quiet. But it seems, afterwards there grew some Distaste between Courcy and Lacie, so that Lacie, who was the better Courtier, supplanted Courcy, who was the better Soldier, and got himself into his Room. This Courcy came from Stoke-courcy, commonly called Stogussy, in the County of Somerset. I find that Robert de Courcy was made a Baron at Westminster, 33 Henry 1. but whether he was the Ancestor of this Family I will not determine. This Earl of Ulster had a natural Son (John Lord of Kilbarrock and Raheny) who was murdered by the Lacies; so that it is the Brother of this Earl John, that was the Ancestor of the Noble Family of Courcy, Lord Baron of Kingsale. In the mean time King Henry died in Normandy, on the sixth Day of July 1189. He was so well pleased with the Conquest of Ireland, Davis, 11. that he placed the Title of Lord of Ireland, in his Royal Style, before his Hereditary Estates of Normandy and Aquitain: Baron Finglas, M. S. And yet that Country was at that Time so inconsiderable, or so little improved, that there were not five Castles, or Piles for Defence, of Irish building in the whole Kingdom: Dublin, Cork and Waterford were built by the Easterlings, and all the rest have been built since the Reduction of Ireland. This King was both Wise and Valiant; he was also Generous to the highest Degree, so that he deserved to be ranked among the bravest Princes of that or any other Age; and perhaps had made as great a Figure in History as any of them, if the Undutifulness of Becket, and the Rebellion of his own Sons, had not interrupted his Designs. However there are some, who will never forgive him the Conquest of Ireland; and therefore do load his Memory with many Malicious Aspersions, equally Ridiculous and False: Polichronicon, l. 7. c. 21. They say, his Grandmother could not endure the Mass; and that her Husband ordered four Knights to hold her by Force whilst the Priest was celebrating, but in spite of them she flew out of the Window, with two of her Sons, and was never seen after: And that 'tis no Wonder they that come of the Devil should go to the Devil. And that King Henry's Ambassador urging the King's Son to have Peace with his Father; was answered, That it was Natural to their Brood, to hate one another; That Henry was a Bastard; and that S. Bernard the Abbot prophesied of him, That from the Devil he came, and to the Devil he should go; That his Father had gelded a Bishop, and that himself had murdered S. Thomas of Canterbury; That his Father had Carnal Knowledge of Henry's Queen Elinor; and abundance more of such silly Stuff. THE REIGN OF John Earl of Moreton, LORD of IRELAND, Afterwards King of England, Duke of Normandy, etc. RICHARD I, 1189. (for his Valour Surnamed, Ceur de Lion) by unquestionable Right, Succeeded his Father on the Throne of England, and was crowned at Westminster, the third Day of September, 1189; but his Style was no more than, Speed. 482. Rex Anglor. dux Normannor. & Acquitan. & comes Andegavor. For, John Earl of Moreton, youngest Son of the deceased King, by virtue of the aforesaid Donation, at the Parliament at Oxford, anno 1177, succeeded his Father in the Sovereignty of Ireland: And therefore we find the Pope's Legate had Commission to exercise Jurisdiction in Anglia, Davis, 19 Wallia, & illis Hiberniae partibus, in quibus Johanes Comes Moretonii potestatem habet, & dominium. For tho' it be a Fundamental Maxim of State, That Ireland must not be separated from the Crown of England: And tho' it be also an undoubted Maxim of Law, That the King cannot alien any part of his Dominions; yet neither of these were thought to be transgressed by the aforesaid Donation, because it was made to the King's Son; whose Interest and Expectations in England, were thought to be sufficient Security for his Good Behaviour. What Controlment Earl John might have met with, in the Sovereignty of Ireland, if the King (Richard) had been at Leisure to inspect that Matter, is incertain: But it is manifest, That the King was so taken up with his Voyage to the Holy Land, and so embarassed by the unfortunate Consequences of it, that he never did take any notice of Ireland; and therefore we take no further notice of him, than to give this brief Account of the Reason of our Silence in that Particular. Hugh de Lacie was made Lord Justice of Ireland, as aforesaid: And as soon as he arrived, he sent Imperious Letters to Courcy, to discharge him of his Command; and behaved himself so insolently, that all was in Disorder: Which the Irish perceiving, and also that the King of England was preparing for a Voyage to the Holy Land, they thought this an happy Opportunity to extirpate the English; to which End they had a General Meeting, and resolved unanimously to fall upon them; Hanmer, 169. and in order to it they entered into a League or Association, and solemnly swore; First, To be true to one another, and to the common Cause. Secondly, Never to yield any Obedience to the English again. Ibid, 162. And to begin the Business, they fell upon Roger Poer, Governor of Leighlin, and barbarously murdered him and most of the Garrison. Cormock O Connor (Son of Rotherick) King of Connaught, commonly called Crove Darig (because his Hand was red) was the chief of the Conspirators; he was an Active Valiant Gentleman, and of so great Reputation, that he was able to assemble twenty thousand Men of his own and the Confederates; with which Army he designed, first to clear Connaught, than Ulster, and afterwards the whole Kingdom. In the mean Time Courcy Lord of Connaught and Earl of Ulster, considering that he should have no Aid nor Help from the Lord Justice, endeavoured to strengthen himself the best he could; and to that End sent for his Brother, S. Laurence▪ who made more Haste than good Speed, for he came away with thirty Horse and two hundred Foot, and at Knockmoy, in the County of Galway, fell into an Ambush, the King of Connaught had laid for him; and tho' they fought so valiantly, that they killed one thousand Irish Men, yet the Issue was, That this small Army was totally destroyed, not one escaping. And though O Connor, in Remembrance and Ostentation of this Victory, did there build the Abbey de Colle Victoriae; yet when he had well considered the prodigious Valour of that Handful of Men, and his own Loss, he thought himself necessitated to sue to Lacie for Peace; which he soon obtained, upon reasonable Conditions. About this Time Robin Hood and Little John were Famous Robbers in England; but their Company being dispersed, and Robin Hood taken, Little John fled to Dublin, and shot an Arrow from Dublin-Bridge to the little Hill in Oxmantown, thence called Little John's Shot. He was called Little John Ironically, for he was not less than fourteen Foot long (believe it who will). Hector Boetius affirms, The Hole of his Huckle Bone was so big, that he could thrust his Hand through it. He fled from Dublin to Scotland, where he died. This Year Isabel, 1189. only Daughter of Strongbow, by Eva Princess of Leinster, was married to William Lord Maxfield, Earl Marshal of England: He was a great Favourite to King Richard; and at his Coronation carried the Regal Sceptre, whereon was a Cross of Gold. He was afterward by King John, Hanmer, 177. created Earl of Pembroke; and had five Sons who were successively Earls, and all died without Issue; and he had five Daughters, among whom his Estate was divided, (viz.) to Joan the County of Waxford, to Matilda the County of Caterlough, to Isabel the County of Kilkenny, to Sibylla the County of Kildare, and to Eva the Manor of Downmass in Leix (now the Queen's County); in all which they exercised Palatine Jurisdiction. Of this Family, Thomas Mills, in his Catalogue of Honour, gives this Account; That Richard Earl of Chepstow was nicknamed Strongbow because of his exceeding Strength, so that he drew an traordinary Srong Bow; his Arms were so long that he could stand upright, and with the Palms of his Hands touch his Knees; That his Daughter Isabel was fourteen Years a Ward to Henry TWO; That her Husband William, Earl Marshal, was created Earl of Pembroke, 27 May, 1199; and that she died anno 1221, and was buried at Tintern Abbey; and that he died 16 March, 1219. They had five Sons and five Daughters; William married Elinor, Sister of Henry III, and died the sixth of April 1231. Richard died the sixteenth of April 1234. Gilbert married Margaret, Daughter of William King of Scotland 1235, and died by a fall from his Horse the twenty eighth of May 1242. Walter died 1245 in Wales; and Anselm died the same Month, viz, the twenty first of December: Maud successively married Hugh Earl of Norfolk, William Earl of Warren, and Walier Lord Dunstanvil; Joan married Warren Lord Montchensy, the richest Baron in England; Isabel married Gilbert Earl of Gloucester, and afterwards Richard Earl of Cornwall, King of the Romans; Sibyl married William Earl of Ferrer and Derby; and Eve married William de Breeze, Lord of Brecknock; and Partition was made between these Noble Coparceners at Woodstock, Lib. G. May 3. 31 Hen. 3. About this Time, 1190. viz. Anno 1190, the City of Dublin was burnt by Accident, 1191. so that it was almost totally destroyed; and the Kingdom was governed by William Petit, Burlace, 11. who held it a very short Time before. William Earl of Pembroke, and Earl Marshal of England, came over Lord Justice or Governor of Ireland; he was the third of the Temporal Assistants, King Richard had left to the Bishop of Ely, for the Government of England; he was a Valiant Man, and had a great Estate in Ireland; 1191. and therefore was thought the fittest Governor for that Country, in this Critical Time, whilst King Richard was Prisoner in Austria, and Earl John was engaged in Troublesome and Ambitious Designs in England. In the Year 1194. the Relics of S. Malachy, Bishop of Clareval, Cambden, 151. were brought into Ireland, and with great Reverence and Devotion deposited in the Abbey of Mellifont, and other the Monasteries of the Cistersian Order. It seems the Reputation or Power of this Noble Governor was sufficient to keep Ireland quiet; 1197. for we read of little or no Disturbance there, during his Time, which was about six Years: And then he resigned to Hanno de valois, a Gentleman of Suffolk, Lord Justice of Ireland, who continued in that Government until the Death of King Richard; which happened at Chalons in France, on the sixth Day of April, anno 1199. John Earl of Moreton and Lord of Ireland, did on the Death of King Richard, without Title, ascend the Throne of England: Hubert Archbishop of Canterbury was a great assistant to this Usurpation; he told the People, That John had the Crown by Election; which the King did not then gainsay, it being no fit Time to dispute the MANNER, so he had the THING he aimed at; but the Right was in his Nephew Arthur, whom he afterwards got into his Hands, and caused him him to be murdered (as was at that Time generally reported and believed); Camden's Annals he was crowned on Ascension-Day, by the said Archbishop, 1199. at Westminster, with great Solemnity; and not long after he was girt with the Ducal Sword of Normandy, by William Archbishop of Rouen. Hanno de Valois, Lord Justice, continued so the first Year of King John; but then he fell into such Disgrace, that he was not only removed from his Government, Libb. GGG. but also was obliged to give the King a thousand Marks, Lamberh. for his Favour, and for a Discharge of his Accounts about Ireland: And, Meyler Fitz-Henry, 1200. Natural Son of King Henry I, by Nesta, Mother of Maurice Fitz-Gerald, 1202. was made Lord Justice; in whose Time (May 4. 1202.) King John granted (that is confirmed) the Archbishopric of Armagh to Humphrey de Tickhul; but Ralph le Petit Archdeacon of Meath, pretended that the Election fell on him, and resolved to contest it with Tickhul. 1203. In the mean Time the Pope appointed one Owen mac Gillevider; but the King was so angry with him, that he prohibited all the Clergy from owning him as Archbishop: And to prevent him, the King (on the Death of Tickhul, Ware de Presul. 17. anno 1203.) confirmed Ralph le Petit in the Archbishopric: Nevertheless Owen so managed the Matter, that he enjoyed the Archbishopric, and was restored to the King's Favour: He had the Character of an Honest and Worthy Prelate; and was present at the Lateran Council, in Quality of Primate of all Ireland. The King had given to William de Braos and his Heirs, the Honour of Limerick, with the Appurtenances, as Henry TWO, gave it to Philip, Uncle of William, except the City of Limerick, and the Donation of Abbeys and Bishoprics, the Cantred of the Oastmens', and the Holy Island, and the Services of William de Burgo; which the King retained to be held by sixty Knights Fees. But I do not find that William de Braosa had any great Benefit of this Grant; for being a bold and a generous Man, and abhorring the Murder of Duke Arthur, the King's Nephew; which he verily believed was done by the King's Command, as did likewise John de Courcy; they both spoke more than came to their Share: And thereupon Braosa fled into Ireland, with his Wife and Children; from whence he afterwards removed to the Isle of Man, and thence to France, where he died; but she and her Son were taken in a Castle in Meath; Speed, 508. and tho' she sent the Queen a strange Present of four hundred Cows and a Bull, all White but their Ears, which were Red; yet that could not make her Peace, but that she and her Son were sent Prisoners to Windsor, where they were starved to Death, as was said. And as for Courcy, the King, to mortify him, appointed his Inveterate Enemy and Competitor, Hugh de Lacie, 1203. Lord Justice of Ireland, and gave him Order to arrest Courcy, and send him Prisoner to England: But Courcy had some Intelligence, or at least Jealousy, of the Design; and therefore kept upon his Guard so cautiously, that Lacie could not surprise him; Wherefore he levied an Army and invaded Ulster; at Down both Parties met, and the Valiant Courcy sent Lacie back with Blows and Shame enough. After this Bloody Victory, Courcy offered the Combat, which the Lord Justice (in his Politic Capacity) refused to undergo against a Subject and a Traitor; wherefore he took a wiser Course, and by his Proclamation offered a large Reward to him that should bring in Courcy alive or dead: But this not taking effect, he dealt with some of Courcy's Servants, to seize their Master on Good-Friday, whilst unarmed, he should be doing Penance, and walking Barefoot about the Churchyard of Down, as he was wont to do every Year. They undertook the Matter, and effected it, with the Slaughter of two of the S. Lawrences, who attended their Uncle Courcy that Day: But the Traitors paid dear for their Perfidiousness; for Courcy, with a Wooden Cross, which he got in the Churchyard, killed thirteen of them; and the rest were sent by the Lord Justice into England, with this Passport (which they were obliged not to open, till they were in Necessity of it.) I Hugh de Lacie, Lord Justice of Ireland, Servant to my dread Sovereign Lord King John; To all them that shall read these few Lines, greet: Know ye, That these Men, whose Names are underwritten, sometimes served Sir John de Courcy, late Earl of Ulster, but now in Durance, in the Tower of London, and for a Sum of Money betrayed their own Master into my Hands, I deem them no better than Judas the Traitor: How hardly soever I have conceived of Courcy, I hold them to be a thousand times more damnable Traitors. Wherefore let no Subject in the King's Dominions, give them any Entertainment; but spit in their Faces, and suffer them to rogue and wander about as Jews. The Lord Justice provided a Bark and Victuals for them, but denied them Pilots or Seamen; so that being sufficiently tossed at Sea, they were driven into Cork, and were there taken, and afterward hanged, by Order of Lacie; who shown himself Generous in this one thing, That though he loved the Treason, he hated the Traitor. And thus was the Valiant Courcy condemned to perpetual Imprisonment in the Tower of London, and that Lacie might personally solicit a Reward for this great Service, he had leave to come to Court: And, Myler Fitz-Henry was again made Lord Justice: April. 3. 1205. The Historians of that Age make honourable Mention of him; He died Anno 1220. and was buried in the Abbey of Conal, which himself had founded; and on his Tomb was this bald Epitaph, Conduntur Tumulo Meyleri Nobilis ossa, Indomitus Domitor totius Gentis Hibernae. But Hugh de Lacy's Services were so well accepted in England, May 2. 1205. that the King gave him the Earldom of Ulster, as fully as Courcy held it the day he was taken, except the Donation of Bishoprics and Abbeys; and because the King had occasion of Lacy's personal Attendance in England, therefore he gave Charge to the Lord Justice, to defend and preserve Lacy's Lands, as he would the Demesnes of the Crown. On the 30th. of August, Lib. GGG 6. A Writ was sent to the Lord Justice, commanding him to build a strong Castle at Dublin to defend that City, and to preserve the King's Treasure; and the Second of November following, the King by Writ commanded Walter de Lacie to put Limerick into the Lord Justice's hands, because, without it, he could neither keep the Peace in Cork nor Connaught. The same Year the King of Connaught released two Parts of that Country, 1206. retaining the Third at the yearly Rent of an hundred Marks; and the next Year offered to continue Tenant to the same Third part, at the aforesaid Rent of one hundred Marks per Annum, to be held per Baroniam, and to pay a yearly Tribute of three hundred Marks per Annum for the other two parts, saving and reserving to the King two canters with the Inhabitants, and liberty of building Castles therein. The King liked the Proposal well enough, and communicated it to the Lord Justice, and referred it to him; adding, That it would do well, if the Lord Justice could squeeze a Fine of four hundred Marks from the King of Connaught, together with a yearly Tribute of Cows, 1208. to supply such Castles as should be built in those canters. Hugh de Lacie was made Lord Deputy, upon the Lord Justice his going to England; and soon after, viz. the Eighth of November, the King (by Patent Dated at Woodstock, whereunto Meyler Fitz-Henry Lord Justice is Witness) did confirm to William Fitz Philip Barry the three canters of Olethan, Muskry Dunegan, and Killedy, which Fitz Stephens had given his Father in the Kingdom of Cork, 4 Inst. 359. to be held of the King by Ten Knights Fees; Lib. GGG. and he also granted to William Marshal, the Marshalship of Ireland in Fee, as also the Cantred of Kilkenny. About this time Jeofry Morison (or Mac Moris) was troublesome in Munster; wherefore the Lord Deputy invaded Typerary, Hanmer, 186. and took Thurles; he also took Castlemeyler, and demolished it; but the Irish say, he lost more men in this Expedition than he brought back. And now the King finding many Complaints of Thiefs, Tories and Robbers, which were become a Nuisance in Ireland, sent the following Writ for their expulsion: REX Meyler, Prin, 250. fill. Henr. Justice. Hiberniae, etc. & omnibus aliis Baron. & fidelibus suis Hibern. etc. Sciatis quod ad voluntatem & consilium dilectorum & fidelium nostrorum Com. W. Maresc. & Walteri de Lacie, & aliorum Baronum nostrorum Hibern. qui nobiscum fuerunt in Angl. & per consilium fidelium nostror. Angl. volumus & statuimus quod Latrones Hibern. expellantur de Terra nostra Hibern. & quod ipsi & receptores eorum deducantur secundum Legem Angl. & ideo vobis mandamus, quod ita fieri faciatis; & in hujus rei testimonium has Literas nostras Patent. vobis mittimus, Teste Meipso apud Southhampt. 23 Die Martii. But Lacie was so elevated with the aforesaid Victories; (how dear soever they were bought) that he looked on all below him with Contempt, and became so impatient of Competition, that he was outrageous against all his Enemies, and particularly against John de Courcy, Lord of Raheny, and Kilbarrock (Natural Son of the great John de Courcy) whom the Lacies basely and barbarously caused to be murdered; whereupon great Stirs and Dissatisfactions arose in Ireland, even among the British, Temple 6. whereof the Irish made their advantage; Hanmer 187. and under pretence of being burdened with Taxes, there was a general Defection throughout all the Realm. Dublin was inhabited mostly by a Colony of Bristol Men, 1209. and it was customary with them for love of Sport and Air, to walk abroad toward Cullenwood every Easter-Monday; but now being unarmed, they were surprised by the Mountaineer of Wicklow (the Birneses and Tooleses, etc.) who murdered three hundred of the Citizens; wherefore that Day is ever since called Black Monday; and for a long time after, was solemnly observed by the Mayor, Sheriffs and Citizens of Dublin, in a brave and splendid manner; and to supply this Loss, the City of Bristol sent a new Colony to replenish Dublin. But the King, as well to secure his government from the ambition of Lacie (whereof he grew exceeding jealous) as also to suppress the Rebellion of the Irish, found it necessary to make a Voyage to that Country; and therefore with a considerable Army he sailed thither, and on the Eighth Day of June landed at Waterford, 1210. where O Neal, and above Twenty other Irish Potentates came and made their humble Submissions, and did Homage and Fealty unto him. The Lacy's conscious of their Demerits, durst not abide the Arrival of the King, but secretly fled into France, where (in Disguise) they served the Abbot of St. Taurin, in the quality of Gardeners, till their unskilfulness manifested they were not educated in that way, which gave the Abbot some suspicion of them; and that led him into so strict an Enquiry, that to satisfy the Abbot, they were obliged to discover the Truth: Speed 508. The good man did so sympathise with their Misfortunes, and pitied their Distress, that he effectually interceded with the King for their Pardon, which at length he obtained; Walter paying for Meath 2500, and Hugh for Ulster 4000 Marks. Cattalus (or rather Carolus) O Conner alias Crovederg, the Valiant and Active King of Connaught, was the only Man of Note that opposed King John; but he was an unequal Match for the King of England, Cambden 152. and therefore was easily subdued, and taken Prisoner. Wherefore the King having no more of Military Matters to execute in Ireland, seriously set himself to mend the Civil State of that unfortunate Country; and first he caused Money to be Coined ad Pondus Nummi Angliae, and made it currant in both Kingdoms by his Proclamation; which was the first Sterling Money that was Coined in Ireland; Lib. M. 25. and this done, he set himself to establish the English Laws in that Kingdom. For though King Henry had done as much to introduce the English Laws there, as that Season and other Circumstances would permit; yet partly for want of Sheriffs, and the Distribution of the Kingdom into Counties; but chief because of the unsetledness of the Country, and the rebellious humour of the Irish, it could not at that time be fully effected: Wherefore King John, to supply those Defects as far as he was able, divided Leinster and Munster (the only part he had in quiet and actual possession) into the Counties of Dublin, Kildare, Meath, Vriel, Caterlogh, Kilkenny, Wexford, Waterford, Cork, Limerick, Typerary and Kerry, and appointed Sheriffs and other Officers for them after the manner of England: He also caused an Abstract of the English Laws and Customs to be drawn in writing; Inst. 141. b. 4 Inst. 349. whereunto he affixed his Seal, and left it in the Exchequer in Dublin, and by general consent in Parliament, and at the instance of the Irish, he ordained, that the English Laws and Customs should thenceforward be observed in Ireland; Temple, 6. and in order to it he erected Courts of Judicature at Dublin. But the Brehon Law, and the other Irish Customs, indulged more to the Tyranny of the great Men, and yet did not hold the Commons to a strict and regular Discipline, as the Laws of England did; and therefore the very English were so corrupted by ill Example, that the English Laws were not regarded nor had in Estimation, as they ought, but were looked upon both by the Irish and degenerate English, Davis, 90. lib. M. as a Yoke of Bondage, so that Henry III was necessitated oftentimes to enjoin the Observation of them: In the first and third Year of his Reign he did confirm them; and in the eleventh Year he sent the following Writ; which I recite at large, because I find it curtailed both in Calvin's Case, and my Lord Cooks first Institutes, 141. b. And what else King Henry did in this Matter, shall be mentioned in the Account of his Reign. REX, Lib. GGG. etc. Baronibus militibus, & aliis libere tenentibus Lageniae, salutem, etc. Satis ut credimus vestra audivit discretio, quod cum bonae Memoriae Johannes, quondam Rex Angliae pater noster venit in Hiberniam, ipse duxit secum viros discretos & legis peritos, quorum communi consilio, & ad instantiam Hibernensium, statuit & praecepit Leges Anglicanas teneri in Hibernia, ita quod leges easdem in scriptis redactas reliquit sub Sigillo suo, ad Scaccar. Dublin. Cum igitur Consuetudo & Lex Angliae fuerit, quod si aliquis desponsaverit aliquam mulierem, sive viduam, sive aliam, haereditatem habentem, & ipse postmodum ex ea prolem suscitaverit, cujus clamor auditus fuerit infra quatuor parietes, idem vir si supervixerit ipsam Vxorem suam habebit tota vita sua custodiam Haereditatis Vxoris suae licet ea forte habuerit Haeredem de primo viro suo qui fuerit plenae aetatis: vobis mandamus injungentes quatenus in loquela quae est in Cur. Wilm. Com. Maresc. inter Mauritium Fitz-Gerrald petent. & Galfridum de Marisco Justiciarium nostrum Hiberniae tenentem, vel in alia loquela quae fuerit in casu praedicto, nullo modo justitiam in contrar. facere presumatis. Teste Rege apud W. decim. Decemb. And thus King John having exceeding well acquitted himself in Ireland, and thereby, in a great measure, attoned for Miscarriages of his former Voyage, he departed thence on the thirtieth Day of August, 1210. having first appointed John Grey Bishop of Norwich Lord Justice, who kept the Kingdom in so good Order, that he was able to spare three hundred Foot besides Horse, 1211. to aid the King in France; where they did good Service, and yet most of them safely returned to Ireland. About this Time happened the famous Story of John de Courcy, 1212. which I will give you in the very Words of Hanmer, because he expresses it much better than it is in Cambden's Annals. Not long after, Hanmer, 184. there fell some Difference between John King of England and Philip King of France, for the Right of some Fort in Normandy; who to avoid the shedding of Christian Blood, agreed of each Side, to put it to a Combat: Of King Philip's part there was a Frenchman in Readiness; King John, upon the sudden, witted not what to do for a Champion to encounter with him; at length one attending upon his Person, informed him, That there was one Courcy in the Tower of London, the only Man in his Dominions (if he would undertake it) to answer the Challenge. King John joyful of this, sent the first, yea the second and third Time, promising large Rewards and rich Gifts; and that it stood him upon, as far as the Honour of his Crown and Kingdom did reach, to make good the Combat. Courcy answered very frowardly, (the which was taken in good Part, in regard of the urgent Necessity) That he would never fight for him, neither for any such as he was: That he was not worthy to have one Drop of Blood spilt for him: That he was not able to requite him the Wrongs he had done him; neither to restore him the Hearts-Ease he had bereaved him of: Yet notwithstanding all the Premises, he was willing, and would with all Expedition be ready to venture his Life in Defence of the Crown and his Country. Whereupon it was agreed, He should be dieted, apparelled and armed to his Content; and that his own Sword should be brought him out of Ireland. The Day came, the Place appointed, the Lists provided, the Scaffolds set up, the Princes with their Nobility of each Side, with thousands in Expectation; forth comes the French Champion, gave a turn, and rests him in his Tent: They sent for Courcy, who all this while was trussing of himself about with strong Points; and answered the Messengers, That if any of their Company were to go to such a Banquet, he would make no great haste: However, forth he comes, gave a Turn, and went into his Tent. When the Trumpets sounded to Battle, forth came the Combatants, and viewed each other: Courcy beheld him with a wonderful stern Countenance, and passed by: The Frenchman not liking his grim Look, the strong Proportion and Feature of his Person, stalked still along; and when the Trumpets sounded the last Charge, Courcy drew out his Sword, and the Frenchman ran away, and conveyed himself to Spain. Whereupon they sounded Victory, the People clapped their Hands and cast up their Caps. King Philip desired King John, That Courcy might be called before them, to show some Part of his Strength and Manhood, by a Blow upon a Helmet; it was agreed, a Stake was set in the Ground, and a Shirt of Male, and a Helmet thereon; Courcy drew his Sword, looked wonderful sternly upon the Princes, cloven the Helmet, Shirt of Mail, and the Stake so far in, that none could pull it out but himself. Then the Princes demanded of him, What he meant to look so sourly upon them? His answer was, If he had miss his Blow upon the Block, he would have cut off both the King's Heads. All that he said was taken in good Part; and King John discharged him of all his Troubles, gave him great Gifts, and restored him to his former Possessions in Ireland. It is written further, That hereupon he sailed into England, came to Westchester, offered himself to the Sea, and was put back again fifteen times, by contrary Winds, which risen upon a sudden to the English Shore. And in the Book of Houth it is delivered, That upon every Repulse, the Night following, he was admonished in a Vision, Not to attempt the Seas, for to sail into Ireland; and that he should never set Foot upon any Land there; and withal, that the Reason was yielded thus; Courcy thou hast done very ill, for thou hast pulled down the Master, and set up the Servant (for he had translated the Cathedral Church, and the Prebendaries of the Blessed Trinity in Dune, into an Abbey of Black Monks, brought thither from Chester, and consecrated the same to the Honour of S. Patrick). Whereupon remembering himself, That he had done very ill, in taking the Name from God, and giving it to a Creature, he gave Sentence upon himself, That he was worthily punished; and immediately he altered his Course, went into France, and there died. But 'tis Time to return to our Lord Justice who was sent for into England; and ordered to leave the Government in the Hands of Henry de Londres Archbishop of Dublin, Lord Justice, July 23. he had publicly opposed the King's Alienation or Resignation of his Dominions to the Pope: 1213. He governed the Kingdom very well; but at the end of two Years he went to Rome, either to solicit Aid for the King against the Barons, or to be present at a General Council. He left Geofry de Marisco, 1215. Lord Keeper of Ireland; to whom, nevertheless, Sir Edmond Butler was Assistant or Coadjutor. It was about this Time the Citizens of Dublin obtained a Licence to build a Bridge over the Liffy, where they pleased: And not long after, they also got a Fee-Farm of the City of Dublin, from the King, at a certain Rent: (but I take that to have been anno 1217. and if so, the King here meant, must be Henry III) It seems these Times were very Quiet; for I find no mention of any War or Rebellion, except some small Stirs in Connaught; which were not so Great or Considerable, as that the Particulars should be transmitted to posterity. In the mean Time William, Earl Marshal (who came to Ireland anno 1207.) was employed in building his Castle of Kilkenny, and the Abbey of Blackfriars there: He also incorporated that Town, by the Name of Sovereign Burgesses and Communality; and granted them a Privilege, to be quit of Toll, Lastage and Pontage, and all other Customs throughout Leinster, and afterwards went to England. And thus stood the Government of Ireland during the Life of King John; who died at Newark the nineteenth Day of October 1216. 1216. THE REIGN OF HENRY III. King of England, And LORD of IRELAND, etc. HENRY the Third (not then Ten years old) succeeded his Deceased Father in all his Titles and Estates, 1216. and in the presence of the Pope's Legate, William Earl Marshal, and others, he was declared King, and Crowned at Gloucester by the Bishops of Winchester and Bath; and at the same time he did Homage to Pope Innocent and the Church of Rome, Brady, 522. for the Kingdoms of England and Ireland, and swore to pay yearly the Thousand Marks which his Father had promised to the Holy See. William Earl Marshal, who was also Earl of Pembroke, was Protector of the King and Kingdom, Ib. 523. and by Proclamation encouraged the Nobility, Gentry, and other the King's Subjects to continue faithful to him; which they were the more easily persuaded to, because Lewis Prince of France, and his Party began to decline, and were solemnly excommunicated (or rather the same Excommunication was published and denounced) every Sunday and Holiday. There likewise issued a Writ to the King's Subjects in Ireland, in haec verba: REX Archiepiscopis, Prin, 250. Episcopis, Abbatibus, Comitibus, Baronibus, Militibus, & libere tenentibus, & omnibus fidelibus suis per Hibern. constitutis, Salutem. Fidelitatem vestram in Domino commendantes quam Domino Patri nostro semper exhibuistis, & nobis estis diebus nostris exhibituri. Volumus, quod in signum Fidelitatis vestrae tam praeclarae, tam insignis, libertatibus Regno nostro Angl. à Patre nostro & nobis concessis, de gratia nostra & dono, in Regno nostro Hibern. gaudeatis vos & vestri Haeredes in perpetuum, quas distinct in Scriptum redactas de communi consilio omnium fidelium nostrorum vobis mittimus, signatas Sigillis Domini nostri G. Apostolicae Sedis Legati, & fidelis nostri Com. W. Maresc. Rectoris nostri & Regni nostri, quia Sigillum nondum habuimus, easdem processu temporis de majori Consilio proprio Sigillo signaturi. Teste apud Glouc. 6 die Februar▪ And the Entry on the Roll is, Homines Hiberniae habent libertates Angliae. And another Writ, Brady, Append. 143. under the Test of the Earl Marshal, was sent to Hugh de Lacie, to invite his Return; in this Writ, (which runs in the Name of the King) his Majesty condescends to expostulate with Lacie, that he (the King) ought not to be blamed for his Father's unkindness to Lacie; and assures him, that he shall have Restitution and Protection if he would come back; and upon Receipt of it, Lacie did readily comply with the King's Desire. Geofry de Marisco continued Lord Justice or Governor of Ireland; Burlace, 15. to whom, on the 16th. of April following, Henry de Londres was added as Assistant or Co-adjutor (at least in Ecclesiastical Matters, 1217. and for the Reformation of the Church) The King sent a Writ to the Lord Justice, giving him thanks for his faithful Service to the deceased King John; and desiring that he would persevere in the like to himself, especially during his Monority, when he stood in need of the Lord Justice's assistance and advice, Prin Hist. H. 3. fol. 38. and requires him to take the Oath of Fealty of the Nobility of Ireland, and all others that are obliged thereto; and assures them, they shall enjoy the same Liberties in Ireland, as he hath granted to his Subjects in England. There was also another Writ sent to the Lords Spiritual and Temporal, to assist the Lord Justice in the King's Service: And there was yet another Writ for a thousand Bacons, Lib. GGG. Lambeth. two Ship-load of Corn, and a Ship-load of Oats. Mandatum est Justiciario Hiberniae quid mittet in Angliam mille Bacones, & duas Navatas Frumenti, & unam Navatam Aveni. So that England must not deny but that it has at some time been beholden to us. About this time, William Earl Marshal, incorporated the Town of Calan, and gave it the following Charter: COncessi Burgensibus meis de Calan omnimodas Libertates quas decet Burgenses habere, & mihi licet confer; viz. quod nullus Burgensis trahatur in causam, vel respondeat de ullo placito quod proveniat infra Metas Burgi, in Castello, Lib. in Lambeth. vel alibi, nisi in hundredo villae, exceptis placitis quae sunt de hominibus hospitii mei; Concessi etiam eisdem Burgensibus Matrimonium contrahere, sibi, filiis, filiabus, & viduis, sine licentia Dominorum suorum, nisi fort forinseca tenementa teneant de me in capite extra Burgum. Lucas de Netervil was chosen by the Chapter Archbishop of Armagh, 1217. and went to the King for Confirmation, but could not obtain it; Ware, de Fresul. 17. because the Election was made without the King's Licence: Whereupon, the Monks compounded with the King for three hundred Marks of Silver, and three of Gold; and so they took out a Congee de es●ier, and repeated the Election, and then Netervil was consecrated by Langton Archbishop of Canterbury. About this Time, viz. 2 Hen. 3. the King wrote to Ireland for Aid to pay off a Debt due from him to Lewis Son of the King of France. Soon after Henry de Londres was by Pope Honorius the Third made Legate of Ireland, and held a Synod at Dublin, which made many good Canons. But the Lord Justice had displeased the King by his maladministration of Affairs in Ireland, or perhaps had undertaken the Crusado; I cannot determine which; but for the one reason or the other he was removed; and, Henry de Londres Archbishop of Dublin, April 23. 1219. was made Lord Justice, and continued so for five years; he was nicknamed Scorchvillein, Holingsh. 32. by the Irish, because they said he burnt his Tenants Leases, and other Writings which they brought to show him, but this silly Story is not to be believed of so Learned a Man, and so good a Governor, as every body allows this Archbishop to have been; especially since it is not denied, but that he suffered all his Tenants to enjoy their Farms, even according to their Claims: It was this Lord Justice that built the Castle of Dublin, anno 1220. 1220. And about the same time died at London, William, Earl Marshal, Protector of the King and his Kingdoms. Some Irish Antiquary was so silly, to think, he was called Marshal, quas● Mars his Seneschal; for he was indeed a very warlike Man. He was succeeded by his Son William; against whom the Bishop of Fernes complained to the King, That his Father had disseised the Church of two Manors; for which reason he was excommunicated, and so died. The King commanded the Bishop to go to the Earls Tomb, and to absolve him; and promised that he would endeavour his Satisfaction. Hanmer, 176. Whereupon, the Bishop, accompanied with the King, went to the Grave, and said, O William, that here liest wrapped in the Bonds of Excommunication, if what thou hast injuriously taken, be restored by the King, or thy Heir, or thy Friends, with competent satisfaction, I absolve thee; otherwise, I ratify the Sentence, that being wrapped in thy Sins, thou mayst remain damned in Hell for ever. The King was dissatisfied with the rigour of the Bishop, but could not prevail with the young Earl to part with any thing of his Estate; wherefore the Bishop confirmed his Curse, and it brought no small Veneration to the Clergy, that this Earl and his four Brethren died without Issue; which the Superstitious People thought to be the Effect of that Execration. The young Earl Marshal had great Contests with Hugh de Lacie Earl of Ulster, 1221. so that Meath was wonderfully harassed between them; Trim was also besieged, and reduced to an ill condition; but it had the good Fortune to escape this Brush, Hanmer, 189. and to have a strong Castle built soon after, to prevent the like Calamities for the future. 6 Hen. 3. About this time, Davis, 15. 123. the King granted to O Brian King of Thomond, the Country of Thomond, habendum during the King's Minority, rendering an hundred and thirty Marks per annum, which is the only Grant made by the Crown of England to any mere Irishman to that time, except that to the King of Connaught. And before this, Davis, 124. viz. 3 H. 3. Richard de Burgo for one thousand pound obtained a Grant of all Connaught, to him and his Heirs after the Death of the then King of that Country. The Lord Justice (who was also Archbishop and Legate) did in his Spiritual Capacity too much encroach on the Temporal Jurisdiction; and therefore upon the Complaint of the Citizens of Dublin, Aug. 9 7 H. 3. he had a notable increpatory Writ sent to him, 1222. which is to be found in Prin's Animadversions on the fourth Instit. 251. And at the same time the King sent another Writ to the Justice, to redress a Nuisance to the Harbour and Citizens of Dublin, Prin, 251. according to the Law of England. I find some Reasons to believe, that the Lord Justice Londres was sent for to England, anno 1220, and his Room supplied by Geofry de Marisco till his Return, Octob. 28. the same Year; but however that be, it is certain, that after this Justice had governed Ireland five Years, he was removed: And most probably was succeeded by 〈…〉 William, Earl Marshal, 1224. Lord Justice: In whose Time (in May, 8 Hen. 3.) Lacie was so effectually pursued, that he was forced to submit, and the same Year was pardoned. About the same Time the King prohibited Appeals to be made to the Pope; Lib. Z. Z. and by his Letter to the Archbishop of Armagh, Lamb. 19 severely reprimanded him for sending to the Pope, about Causes Ecclesiastic. The King, in the fifth Year of his Reign, had granted to the Citizens of Dublin, towards walling their City, three Pence out of every Sack of Wool, six Pence for every Last of Hides, and two Pence out of every Barrel of Wine sold in their City; 1225. and now, 9 Hen. 3. he gave them fifty Marks in Money to the same purpose. On the tenth Day of June, 10 Hen. 3. A Writ was sent to the Lord Justice, to seize on the Country of Connaught, forfeited by O Connor, 1226. and to deliver it to Richard de Burgh, at the Rent of three hundred Marks, for the first five Years; and afterwards of five hundred Pound per annum, except five choice canters near Athlone; which (I suppose) were designed for the Conveniency and Support of that Garrison: But on the first Day of August, 10 Hen. 3. Geofry de Marisco was made Lord Justice, and had a Salary of five hundred Marks, payable out of the Exchequer, granted unto him. It is probable, That soon after his Arrival, his Predecessor William, Earl Marshal, repaired to Court, to give the King an Account of his Administration: And the Irish were forward to take Advantage of his Absence, and the ill Posture of the King's Affairs in Ireland, and therefore, to make the best Use they could of this Opportunity, they made so general a Confederacy, that their Army amounted to twenty thousand Men, Sperantes (says my Author) se posse omne genus Anglorum ab Hiberniae finibus exterminare: But all this Ostentation came to nothing, and this numerous Rabble were without much Difficulty defeated by Hugh de Lacie and Richard de Burgh, and their Followers; And the Irish General, O Connor King of Connaught, was taken Prisoner. The King, Lib. GGG. in the fifth Year of his Reign, wrote to all the Ports of Ireland, Lambeth. To make some Galleys in their respective Havens, for the Defence and Security of him and his Kingdom of Ireland. And in the tenth Year of his Reign, he prevailed with the Pope to write to the Irish Bishops, to give him a Subsidy. 1227. And now, the eleventh Year of his Reign, the Pope did write to the Clergy, To give Subsidiary Aid to the King: Which it seems was effectual; for I find this Entry on the Roll. 11 Henric. 3. Rex habuit auxilium de Hibernia. And the same Year the Lord Justice received a Writ, To aid the Episcopal Excommunication with the Secular Arm, as was usual in England; which is to be found at large, Prin's Animadversions, Prin, 252. 252, and bears Date the eighteenth of January: And there was also a Writ or Charter, enjoining the Observation of the English Laws in Ireland; which I have already recited in the Reign of King John. Hubert de Burgo (or Burgh) Chief Justice of England and Earl of Kent, Splem. Gloss. 340. was made Earl of Connaught and Lord Justice of Ireland during Life; and because he could not personally attend, he deputed Richard de Burgo Lord Justice (or Deputy) to whom the King sent the following Writ, March 10. 1227. for establishing the English Laws in Ireland. REX dilecto & sideli suo Ricardo de Burgo Justiciario suo Hiberniae, Prin. 252. salutem: Mandamus vobis firmiter praecipientes, quatenus certo die & loco faciatis venire coram vobis, Archiepiscopos, Episcopos, Abbates, Priores, Comites & Barones, Milites & libere tenentes, & Balivos singulorum Comitatuum; & coram eis publice legi faciatis Cartam Domini J. Regis Patris nostri, cui Sigillum suum appensum est, quam fieri fecit, & jurari à Magnatibus Hiberniae, de Legibus & Consuetudinibus Anglorum observandis in Hibernia & praecipiatis eis ex parte nostra, quod Leges illas ad Consuetudines in Carta praedict' contentas, de cetero firmiter teneant & observent. Et hoc idem per singulos Comitatus Hiberniae clamari faciatis, & teneri, prohibentes firmiter ex parte nostra, & Forisfacturam nostram, ne quis contra hoc Mandatum nostrum venire praesumat'. Eo excepto, quod nec de Morte, nec de Catallis Hibernensium occisorum nihil statuatur ex parte nostra citra quindecem dies à die Sancti Michaelis, anno regni nostri duodecimo super quo respectum dedimus Magnatibus nostris Hibern' usque ad terminum praedict. Teste meipso apud Westmonast. oct. die Maii, anno regni nostri duodecimo. And at the same Time he received two Writs about the Debts due from the King to the late Lord Justice (Archbishop Londres); Burlace, 20, 21. and a third Writ to pay him an hundred Pound per annum, out of the Rent of the City of Limerick, and fifty Pound per ann. out of the Rent of Dublin. But this Justice did not continue long in the Government; for his Patron, Hubert de Burgh, falling into the King's Displeasure, both the one and the other were removed: And, Maurice Fitz-Gerald was made Lord Justice: 1229. In whose Time, viz. 14 Hen. 3. happened the great Case of Coparceners; to decide which the King sent over, by way of Writ, what in the printed Statues is called Statutum Hiberniae: And tho' the Lord Justice is there named Girald, yet it is by Mistake, for Girald Fitz-Maurice (who was the Lord Justice's Father) died anno 1205. And there is another Mistake in that Statute, for it is said to be made 24 Regis, whereas the Year 1229. could be but the fourteenth Year of his Reign. Now came over Stephen the Pope's Chaplain, to demand the Tenths of all Movables, to support the Holy See against the Efforts of Frederick the Emperor: Hanmer, 191. It was so hard a Tax in Ireland, that they were fain to part with, not only their Cadows and Aquavitae, but also with their Chalices and Altar-Cloaths. Not long after died William Earl Marshal, Prince or Lord of Leinster, 1231. who, anno 1223, gave a new Charter to his Town of Kilkenny; he was buried in the Choir of the Friar's Preachers at Kilkenny; and was succeeded in his Estates and Titles by his Brother Richard. On the second Day of September, 1232. the Lord Justice returned out of England, but when he went thither, or who was Deputy in his Absence, non constat. On the seventh of April (1233, Holingshead, 27. say some but I think 1234) the English and the O Connors, etc. had a Battle on the Curragh of Kildare, 1234. wherein Richard Earl Marshal, Prince of Leinster, had very foul Play from those of his own Side; so that he was there mortally wounded, and died in five Days after. To atone for this, the Lord Justice (who went into England, to satisfy the King in that Matter) offered to build a Monastery and endow it liberally, to pray for the Soul of Earl Richard: Hanmer, 195. And so, at length, by the intercession of the King, and the importunate Entreaties of the Nobility, Gilbert Earl Marshal and the Lord Justice were reconciled. 1235. It seems the Alarm was very great on Earl Richard's Death, for the King, to Comfort and Quiet the Citizens of Dublin, assured them, by his Writ, That he summoned the Great Men of England, Pryn, 253. to consult about the Safety of England and Ireland; and that their Determinations should be speedily communicated to them at Dublin: From whence Mr. Pryn observes: That the Laws and Ordinances of the King and Parliament of England, did bind Ireland in those Days. But it seems that about this Time the Spiritual Courts did encroach too much on the Temporal Jurisdiction, 1233. and therefore the King sent over the following Writ. REX, Co. Lit. 141. Comitibus, Baronibus, Militibus & liberis Hominibus, & omnibus aliis de Terra Hibern' salutem: Quia manifeste esse dignoscitur contra Coronam & Dignitatem nostram, & Consuetudines & Leges Regni nostri Angl', quas bonae memoriae Dominis Johannes Rex, Pater noster, de communi omnium de Hibern' consensu teneri, statuit in Terra illa, quod placita teneantur in curia Christianitatis, de advocationibus Ecclesiarum & Capellarum, vel de laico feodo, vel de catallis, quae non sunt de Testamento vel Matrimonio, vobis mandamus prohibentes quatenus hujusmodi placita in curia Christianitatis nullatenus sequi presumatis, in manifestum Dignitatis & Coronae nostrae prejudicium, scituri pro certo quod si feceritis, dedimus in Mandatis Justiciario nostro Hiberniae, statutae curiae nostra in Anglia, contra transgressiones hujus Mandati nostri, cum justicia procedat, & quod nostrum est exsequatur. Teste Rege 28 Octobr. Decimo oct. Regni nostri, etc. & mandatum est Justiciario Hibern. per literas clausas, quod predictas Literas Patentes publice legi & teneri faciat. In the Year 1234 died Walter Lacie Lord of Meath, without Issue Male; so that his great Estate was divided between his two Daughters, viz. Margaret, married to the Lord Theobald Verdon; and Matilda, married to Geofry Geneville. Whilst the Lord Justice was in England, the King of Connaught exhibited a grievous Complaint against John de Burgo; That he had entered his Country with Forces, Hanmer, 195. and wasted the same with Fire and Sword; humbly beseeching his Majesty to do him Justice, and to bridle such rash Attempts: Alleging, That he was a loyal Subject, and paid for his Kingdom an annual Pension, Davis, 123. amounting in all (from his first Subjection) to five thousand Marks; and desired the King, That he would rid him of that base Upstart or new-comer, 1235. that sought to disinherit him. Whereupon the King immediately ordered the Lord Justice, To pluck up by the Root the Fruitless Plant which Hubert de Burgo (whilst he was in Ruff) had planted in those Parts, that it might bud no more. The King also wrote to the Nobility of Ireland, That they should banish the said John, and establish the King of Connaught in his Kingdom; who returned very well satisfied with the Princely Favours he received at the Court of England. It seems, that in the Lord Justice's Absence, there was some Disorder among the Irish (Doctor Hanmer says they rebelled) but the speedy return of the Lord Justice probably gave a Check to their Intentions. And to the End there might be a free Commerce between both Kingdoms, the King sent over the following Writ. REX, Pryn. 253. dilecto & fidelio suo Mauritio fili Giraldi, Justiciario suo Hiberniae, 19 Hen. 3. salutem: Vestra non ignorare debet discretio, quod dignum est, & id volumus, quod Terra nostra Angliae, & Terra nostra Hiberniae communes sint ad invicem, & quod homines nostri Angliae & Hiberniae, hinc inde negotiari possunt, ad comodum & emendationem Terrarum praedictarum: Et ideo vobis mandamus, Quod homines de Terra Hiberniae volentes emere blada in Hibernia ducenda in Angliam, in nulla impediatis vel impediri permittatis; quin libere, & sine impedimento id facere possunt. Teste Rege apud Westm. 2. die Jun. Et vide ibidem de Galeis (i.e. Galleys or Ships) de Hibernia in Angliam mittendis, to aid the King. There being some Dispute in Ireland about the Law, in Case of Bastardy, 1236. the King sent this Writ to the Lord Justice and the Archbishop, to observe the Statute of Merton in those Cases. HEnricus Dei Gratia Rex Angliae, Pyrn, 253. etc. venerabili Patri L. eadem gratia Archiepiscopo Dublin. & dilecto & fideli suo M. fill. Geraldi Justice. suo Hiberniae, salutem: Accedens nuper ad curiam nostram Georgius de Laffidel nobis ex parte vestra supplicavit, ut vobis scire faceremus quid juris sit, secundum confuetudinem Angliae in casibus subscriptis; viz. Come contingat filium alicujus Nobilis natum ex matrimonio, movere questionem fratri suo in fornication ante matrimonium de eadem matre progenito, super paterna haereditate? Item, si contingat quod frater natus ante matrimonium defendendo, dicat se esse ligitimum, utrum in tali casu mittendus sit ad forum Ecclesiasticum? Item, fi mittendus sit, in qua forma, etc. Item, si contingit, quod natus ante matrimonium fecerit homagium suum de terris suis post decessum patris sui, & ratione homagii sic facti, vocaverit Dominum suum ad Warrantum, quid juris sit de illa vocatione? & si warrantizare debeat aut velit sponte, utrum duellum possit esse de jure inter natum ex matrimonio & dominum warrantizantem, cum inter ipsos fratres esse non possit? Ad haec etiam vobis significamus de primo capitulo: Quod si natus ante matrimonium, cui movetur questio, cognoscat se natum esse ante matrimonium, nec petere potest haereditatem, nec petitam retinere, secundum Angl. consuetudinem. Nec talis si dicat se natum esse post, mittendus ad cur. Christianitatis, eo quod clerus talem habet pro legitimo. Cum autem de casu illo anno preterito tractatum esset coram venerabili Patre Archiepiscopo Cantuariensi & Coepiscopis suis & Magnatibus nostris Angl. scilicet, utrum inquisitio de tali nato deberet fieri in cur. nostra, vel in cur. Christianitatis, tandem predict. Archiepiscopus & Episcopi petierunt sibi dare potestatem inquirendi. Postea vero processu temporis, quia in forma Brevis nostri eis super hoc transmissi contentum fuit, quod respondere deberent, Vtrum talis natus esset ante matrimonium vel post, videntes hoc esse contrarium legibus suis noluerunt ad hoc respondere, sed reliquerunt nobis & cur. nostrae hoc inquirendum & terminandum, & nondum provisum est in cur. nostra, sub qua forma hoc debeat inquiri, vel per sacramentum 12 Jurat. vel per probationem à partibus producendam. Item de Domino, si debet warrantizare tenenti contra fratrem suum, vobis respondemus quod non, eo quod tam natus post Matrimonium quam ante uno & eodem jure utuntur, & Dominus in captione homagii, potius circumventus fuit, quam ratione astrictus: Nec esse poterit duellum inter eos predicta ratione, & preterea quia Dominus tenetur plus warantizare petenti nato post matrimonium, quam tenenti nato ante matrimonium, hiis igitur intellectis secundum quod predictum est in partibus vestris faciatis. Teste Rege apud Mortelac. 9 die Maii. And he also sent this other Writ the same Time. REX dilecto & fideli suo Maur. fill. Girald. Justice. suo Hibern. salutem: Monstravit nobis lator presentium, quod ipse nuper in curia nostra coram Justice. nostris, ad hoc per vos nuper constitutis in Hibern. recuperasset seisinan suam versus quendam hominem de libero tenemento suo, idem adversarius suus postea de eodem tenemento iterum ipsum disseisivit, & ideo vobis mittimus sub sigillo nostro constitutionem nuper factam (intellige Merton. c. 3.) coram nobis & Magnatibus nostris Angl. de predicto casu, & similiter de aliis articulis ad emendationem Regn nostr. Mandantes, quatenus de Concilio venerabilis Patris L. Dublin. Archiepisc. constitutionem illam in curia nostra Hibern. Legi, & de cetero firmiter observari facias, & secundum eadem, predicto querenti, plenam justiciam exhiberi faciatis. Teste Rege, ut supra. King Henry kept his Christmas at Winchester, 1239. anno 1239. where the Servants of Gilbert, Earl Marshal, were (as they thought) affronted, not being suffered to enter into the King's Court with their Tip staves; whereupon the Earl complained to the King, but received an unexpected cross Answer, whereat he was distasted to that degree, that he left the Court, and perhaps never afterwards came near it; for the next Year he was slain by a Fall from his Horse, 1240. at a Tournament at Hereford. In the same Year Petrus de Supino came from Pope Gregory into Ireland, with an Authentic Papal Mandate, requiring under pain of Excommunication, and other Censures Ecclesiastical, Hanmer, 196. the Twentieth part of the whole Land, besides donatives and private Gratuities, to the maintenance of his War against Frederick the Emperor; where he extorted, saith Matthew Paris, a thousand and five hundred Marks, and above, saith Florilegus; at which time also one Petrus Pubeus, entitled the Pope's Familiar and Kinsman, and both Bastards, saith Bale, filled in like sort his Farthels in Scotland. These Nuncio's were so crafty, that they needed no Brokers; they secretly understood by Posts and Cursitors the State of the Court of Rome, which quailed them full sore; & that the Pope was either gone, or panted for Life; secretly by the conduct of the Monks of Canterbury, they were conveyed to Dover, where they took Shipping, and crossed the Seas. The Emperor Frederick, (against whom this Provision was made) having intelligence thereof; and secretly acquainted with the Pope's state, wrote to the King of England to apprehend such Prollers; wherein he also reproved his Cowardice. The Emperor, (when he understood that the Birds were flown away) made search for the Nest, yet overtook them in Italy; where (to be short) he imprisoned them, their Kindred and Favourites, rifled them of their Money, and sent them to Rome to sing for more. He that will read the Story more at large, let him repair to Matthew Paris. In the Year 1242, 1242. the Lord Justice built the Castle of Sligo in Connaught, and placed in it able Warders; and the next Year died Richard de Burgo, and the famous Hugh de Lacie Earl of Ulster, 1243. whose Daughter and Heir was married to Walter de Burgo, in her Right Earl of Ulster. The King sent to the Lord Justice for Aid against the Welsh, 1244. which it seems was long a coming; but at length it did come, under the Conduct of the Lord Justice, and Phelim O Connor; they Landed in the Isle of Anglesey, and pillaged the Island, and were hastening to the Ships with their Prey; but it seems the Welshmen overtook them, and forced them to leave their Burdens behind: However, they afterwards joined the King's Army, and did the Work they came for; for the King discomfited the Welsh, victualled his Castles, and victoriously returned into England. The Lord Justice being come back to Ireland, 1245. found Ulster overrun by O Donel, who took advantage of the Death of Lacie, and the absence of the Lord Justice; but by the assistance of Cormock mac Dermond ma● Rory, the Lord Justice invaded Tirconnel, routed the Irish, and slew many of the chief of them; on the English side was lost William But, (by Cambden and others called) Sheriff of Connaught, and his Brother: Cambden does also mention several Expeditions; but the Issue of them all was this, That the Lord Justice Manned his Castle of Sligo, forced O Neal to give Hostages, and then gave half Tyrconnel to the said Cormock ma● Dermond, and returned with great Booty. But the King was displeased with the Lord Justice, for his slowness and delay, in bringing Aid to him in Wales, and therefore removed him from the Government, Novemb. 4. 1245. and appointed Sir John Fitz Geofry (de Marisco, I suppose) Lord Justice, who received a Writ that the Executors of the Bishop of Ossory should be suffered to administer and dispose of the Testators Goods and Chattels (the Debts due to the King being first Levied thereout) and in September 1247. Prin, H. 3. 107. the King directed a Writ to the Arch-Bishops and others in Ireland, That the Laws of England should be strictly observed there, as his Father (King John) had formerly commanded. QVia pro communi utilitate Terrae Hiberniae, Prin, 254. & unitate Terrarum Regis, Rex vult, & de communi Concilio Regis provisum est, quod omnes Leges & Consuetudines, quae in Regno Angliae tenentur, in Hibernia teneantur, & eadem Terra eisdem Legibus subjaceat, & per easdem regatur, sicut Dominus Johannes Rex (cum ultimo esset in Hibernia) statuit & fieri mandavit: Quia etiam Rex vult quod omnia Brevia de communi jure, quae currunt in Anglia, similiter currant in Hibernia, sub novo Sigillo Regis, Mandatum est Archiepiscopis, etc. quod pro pace & tranquilitate ejusdem Terrae, per easdem Leges, eosdem regi & deduci permittant, & eas in omnibus sequantur; in cujus, etc. Teste Rege, apud Wodestoke nono die Septembris; anno Regni 30. Which Writ is imperfectly cited 1 Inst. 141 b. Theobald Butler, 1247. Lord of Carrick, and John Cogan, Lords Justices, in whose Time the Pope's Agent, Johannes Refus was sent into Ireland, clothed with Authority to collect the Pope's Money, Hanmer, 198. my Author says, that though he was not clad in Scarlet, for fear of giving Offence, yet he was such a Sophistical Legate, and plied his business with that diligence, that he extorted Six thousand Marks out of Ireland, and by help of the Clergy transported it safely to London. John Fitz Geofry was again Lord Justice; 1248. in his time, the King sent the following Writ: Lib. P. Lambeth. REX Justiciario Hibern. Salutem: Monstravit nobis Mamorch Offerthierun & Rothericus Frater ejus, quod antecessores sui, & ipsi (licet Hibernenses) semper tamen firmiter fuerunt ad fidem & servitium nostram, Prin, 255. & predecessorum nostrum (it should be Nostrorum) Regum Angl. 1253. ad conquestum una cum Anglicis faciendum super Hibernenses, & ideo vobis mandamus quod si ita est, tunc non permittas ipsos M. & R. repelli, quin possint terras vindicare in quibus jus habent, sicut quilibet Anglicus, quia si ipsi & antecessores sui sic se habuerunt cum Anglicis, quamvis Hibernenses, injustum esset licet Hibernenses sint quod exceptione qua repelluntur Hibernenses, à vindicatione terrarum & aliis repellantur, etc. By which Writ it appears, that the King did design that all the Irish who would live as Subjects, should have the benefit of the English Laws; but that such of the Irish, as were Enemies, or Rebels, and would not be Amesnable to Law, should not have any Advantage by the Law. But now the King, to qualify his Son for a Marriage with the Infanta of Spain, Davis, 22. amongst other things, gave the Kingdom of Ireland to Prince Edward and his Heirs, Lib. G. Lambeth. in as ample manner as himself enjoyed it, except the Cities of Dublin and Limrick; nevertheless, with this express Condition in the Patent, 1254. Ita quod non separetur à Corona Angliae: Whereupon Ireland was called the Land of the Lord Edward, and the Officers there, were styled the Officers of Edward, Lord of Ireland; and the Writs did also run in the Name of the Prince. In the same Year (but I suppose, before the Donation to the Prince) the King sent a Writ to the Nobility of Ireland, Prin, 255. most earnestly desiring their Assistance, with Men and Ships, for his Wars in Gascony. But the Prince had issued a Writ of Entry out of the Chancery of Ireland, against the Bishop of Lismore, which was illusory to the Laws of England, established by the King and King John; and therefore upon Complaint, the King sent the following Order to stop any farther Proceed upon the aforesaid illegal Writ; which I do the rather recite at large, because it justifies my Assertion, that Ireland is inseparable from the Crown of England; since we find the King effectually interpose, to rectify Miscarriages there, notwithstanding the aforesaid Donation to the Prince, which was as full as it could be worded. REX Thesaurario & Baronibus de Scaccario Dublin, Ibid. 255. Salutem. Quia de assensu & voluntate Praelatorum & Magnatum Terrae Hiberniae, dudum fuit provisum & concessum quod eisdem Legibus tenerentur in Terra illa, quibus homines Regni nostri utuntur in Regno nostro Angliae, quod eadem Brevia quoad terras & tenementa recuperanda teneant in terra illa quae tenentur in regno praedicto sicut justa. Et dicta provisio & concessio omnibus retroactis temporibus fuerunt obtenta & approbata, miramur, quamplurimum quod (sicut ex insinuatione venerabilis patris Thomae Lismorensis Episcopi accepimus) emanare permisistis ex Cancellaria Edwardi filii nostri in Hibernia contra consuetudinem obtentam, & formam Brevium in regno nostro usitatam, Breve infra-scriptum contra praefatum Episcopum in haec verba. EDwardus Illustris Regis Angliae primogenitus, ad Vic. Waterford, Salutem. Praecipe Thomae Lismorensi Episcopo, quoth just & sine dilatione reddat Waltero Episcopo Waterford, Maneria de Archmurdeglan Kilmurdri & Motha cum pertinentiis, quae clamat esse jus Ecclesiae suae, & in quae idem Episcopus non habet ingressum nisi per Alanum quondam Lismorensem Episcopum, cui Griffinus quondam Lismorensis Episcopus, qui inde injust & sine judicio disseisivit Robertum quondam Waterford Episcopum, predecessorem Episcopi post ultimum reditum, etc. QUia vero dictum Breve tam dissonum est, Stat. Marlbridge, cap. 30. & contra Leges & Consuetudines in regno nostro tentas, & formas Brevium nostrorum ibidem approbatas, praesertim cum Breve ingressus non transeat tertiam personam, nec ratione intrationis in terram aliquam post mortem alicujus, comperat actio alicui de terra illa nisi illi cui per mortem illam jus debetur in eadem: Nec enim dicitur intrusio, qui jure haereditario, vel ratione Ecclesiae suae succedit Predecessori suo in hiis de quibus idem Predeces. fuit seisitus in Dominico suo ut de feodo die quo obiit, Vobis mandamus, quod si dictum Breve a Cancellaria praedicta in forma praedicta emanaverit, executionem ejusdem Brevis supersedeatis, revocantes sine dilatione quicquid per idem Breve actum fuerit in Curia praedicti Filii nostri. Teste apud Windsor. 27 die Januar. Et eodem modo scribitur Adamo le Sole Justiciario Hiberniae (intellige de Banco Regis) & Waleranno de Willesby & Sociis suis Itinerantibus, ut supra. Alan de la Zouch, 1255. who had been Chief Justice of the King's Bench in England, Hanmer, 199. 34. Hen. 3. was now made Lord Justice of Ireland; he had the Misfortune to be slain in Westminster-Hall, by John Earl of Warren and Surrey, half Brother to the King: In his time some Rebel Irishmen were coming to aid the Earl of Chester against the King; but Prince Edward, with the English Navy, had the good Fortune to meet with the Irish Fleet, and to sink most of their Ships, so that few of the Men were left alive to return. Now flourished that famous Mathematician Johannes de Sacrobosco, who was born at Holywood in Fingal, not far from Dublin, and thence had his Name, de sacrobosco, i.e. Holy wood. It seems that the Prince, 1258. by Virtue of the aforesaid Grant, would have removed the Lord Justice, and put another in his Room: But the King, by the Advice of the Barons of England, wrote to the Archbishops, Bishops, Abbots, Priors, Barons, Brady, 674. Knights, etc. That he heard his Son designed to make a new Justice in Ireland; and to put his Castles into such Hands as it might be great Damage, and not without fear of their disinheriting; and therefore commands them not to obey such Justice, Constables or Keepers of Castles, made or appointed without his Letters Patents, by Advice and Assent of his Council. After the same manner he wrote to all the Mayors and Communities of Cities and Towns in Ireland, and to the Constables of Castles; and also commanded Alan de la Zouch, his Justiciary, not to obey or give up his Authority to any new Justiciary or Constable, that should come without his Letters Patents. But it seems this Matter was settled, for the next Year we find▪ Stephen de long Espee, 1259. Lord Justice (some call him Earl of Salisbury, and Burlace styles him Earl of Ulster; but I think there is no Ground for either of the Titles) he encountered O Neale, and slew him, and three hundred fifty two Irishmen in the Streets of Down; 1260. but not long after the Lord Justice was betrayed, and murdered by his own People. And thereupon▪ William Den was chosen Lord Justice: In whose Time the Mac Carthyes played the Devil in Desmond, (they are the Words of my Author) and by Ambuscade surprised and slew Thomas Fitz-Girald and John his Son, 1261. at Calan in Desmond, together with many Knights and Gentlemen of that Family; whereupon the Carthyes grew so high, that for the space of twelve Years, the Giraldines durst not put a Blow in the Ground in Desmond; Hanmer, 201. until some Feuds arose between the Irish of Carby and Muskry, and between the Carthyes, Driscols, Donovans, Mahonyes' and Swinyes; so that they also weakened and destroyed one another; and the Giraldines began to recover their Power and Authority again: But the Lord Justice died this Year; and▪ Richard de Capella, or Capel, was made Lord Justice: In his Time arose a great Contention, between the Prior and Convent of Christ-Church, and the Corporation of Dublin, about the Tith-Fish of the River Liffy. The Burks and the Geraldines quarrelled about some Lands in Connaught, to that degree, that they filled the whole Kingdom with War and Tumult; and Maurice Fitz-Maurice Fitz-Girald (not the Earl of Desmond, but the same that afterwards, anno 1272, was Lord Justice) and John Fitz-Thomas (afterwards Earl of Kildare) at a Meeting at Castledermond, seized upon the Lord Justice, and Richard Burk, Heir apparent of Ulster (afterwards called the Red Earl) Theobald Butler, 1264. Miles Cogan, etc. and imprisoned them in the Castle of Ley. But soon after a Parliament met at Kilkenny, and ordered them all to be released; which was done accordingly. In the mean Time the King wrote to the Arcbishop of Dublin, the Bishop of Meath his Treasurer, Walter de Burg or Burk, 1265. Maurice Fitz-Maurice Fitz-Girald, That he heard there was like to be great Dissension between the great Men of Ireland, and therefore ordered them to secure the Peace of the Nation: And sent them farther private Instructions by Robert Waspail (who carried those Letters) to whom he commanded them to give Credit: And not long after the Lord Justice was removed; and▪ David Barry (the worthy Ancestor of the Noble Family of Barrymore) was made Lord Justice; 1267. he so managed the Giraldines, that he took from them the Castle of Sligo, and all their Lands in Connaught; and thereby put an End to those Wars and Differences that were between them and the Burks. And in his Time, the Friar's Preachers were settled at Ross, Kilkenny and Clonmel. Sir Robert de Vfford was made Lord Justice of Ireland, 1268. and began to build the Castle of Roscomon. In his Time Cnoghor O Brian, of Thomond, was slain, (i.e. murdered) by Dermònd mac Monard, and Maurice Fitz-Girald (not of Desmond, as the Annals say, but Son of Maurice Lord Justice, anno 1272) was drowned between Ireland and Wales. And about this Time came over a Writ, from the King, to levy Aurum Reginae, for Elinor the Prince's Wife, as was used in England; which you may read at large 4 Inst. 357. On which I will make but this one Remark; That if the Sovereignty of Ireland were in the Prince, how comes the King to send the Writ? But it will evidently appear, by the following Writ, That the Prince had not the Sovereignty of that Kingdom. CVm Rex per Cartam suam concessit Edvardo, 52 Hen. 3. primogenito suo, Terram suam Hiberniae cum pertinentiis, Lib. GGG. etc. habendum sibi & haeredibus suis, Lambeth. ita quod non separetur a Corona Angliae, & idem Edvardus sine Licentia Regis alienationes quorundam terrarum & tenementorum, spectantium ad Terram praedictam fecerit contra tenorem feofamenti Regis, quod idem rex sustinere voluit, & ideo nunc dedit potestatem & mandatum nepoti suo filio Regis Alemani (the Son of Richard Earl of Cornwall, King of the Romans) revocandi omnia maneria terras tenementa quae dictus Edvardus, filius Regis sic alienavit post feofamentum praedict. etc. Richard de Excester, 1269. Lord Justice: In whose time Othobon, the Pope's Legate, made excellent Constitutions at London: He made a more firm Peace and Reconciliation between the Burks and Giraldines: And not long after died; and Sir James Audly, 1270. or de Aldethel, was made Lord Justice; and had a very unfortunate Government of it, for the Irish were every where troublesome: Fragm. M. S. Quasi omnes Hiberni guerraverunt, & omnes munitiones (Fortifications) in Ophaly, praeter Castrum de Lega (Ley) destructi sunt, & Anglici inde expulsi, & magna strages utriusque nationis facta est in Connacia. The Irish burned, spoiled, destroyed and slew, as well Magistrates as others; and the King of Connaught, in plain Field, defeated Walter Burk, Hanmer 202. Earl of Ulster, and killed a great number of Nobles and Knights, and particularly the Lords Richard, and John Verdon; and a great Famine and Pestilence (the natural Consequences of War) spread over all Ireland, and sorely afflicted the whole Kingdom. The Castles of Aldleck, Roscomon and Scheligah (perhaps Sligo) were destroyed: Nevertheless, the Pope, without Regard to these Universal Calamities, required the Tithes of all Spiritual Promotions for three Years, to maintain his Wars against a Christian King; viz. of Arragon; and tho' the People murmured, and their Poverty and Misery pleaded loudly for them; yet the rapacious Nuntio would not go empty away. On the 23 of June, 1272. the Lord Justice was killed by a fall from his Horse, in Thomond; and Maurice Fitz-Maurice Fitz-Girald was made Lord Justice, 1272. and so continued, till the sixteenth Day of November; at which time the King died in Peace, and full of Days, in his Palace at London, having reigned longer than any King since the Conquest, viz. six and fifty Years, etc. THE REIGN OF EDWARD I. King of England, etc. And LORD of IRELAND. EDWARD the First, (from the Talness of his Person, Nicknamed Longshanks) succeeded his Deceased Father in all his Dominions, on the 16th Day of November 1272; but he being at that time absent in the Holy Land, the Nobility took care to keep all quiet until his Return; and then, on the 15th. Day of August 1274. he was Crowned by Robert Archbishop of Canterbury. Maurice Fitz-Maurice Fitz-Girald, continued Lord Justice, and to him, Ware de pres. 34. and to Hugh Bishop of Meath, Lord Treasurer, and to John de Sandford Escheator, was a Writ sent December 7. 1272, Commissioning them to receive the Oaths of Fealty and Allegiance to the new King, of all the Nobility, Gentry and Commons of Ireland. And the Lord Justice had another Writ of the same Date, to proclaim the King's Peace, and to preserve it; wherein 'tis said, That the King is willing, and able (by Gods Help) to defend, and do Justice to his People great and small. And the Government of England being informed, Prin. 256. That Avelina (Countess of Ulster, and Widow of Walter de Burgo) had been endowed illegally, both as to Quantity and Quality, a Writ issued in the King's Name, to the Seneschal of Ulster, to rectify that Matter, according to the Law and Usage of England. In the mean time, the Irish took advantage of the King's absence from England, and thought it an opportune Season to rebel; 1273. they destroyed the Castle of Roscomon, Aldleek, Scheligath, and Randon, and found means to corrupt some of the Lord Justice Followers, whereby he was betrayed into their hands in Ophaly, and there taken, and imprisoned: whereupon, Walter Genevil (newly returned from the Holy Land) was sent over Lord Justice; Octob. 1273. to him a Writ was sent, not to molest the Archbishop of Cashel, for any Debts due from him to the King, till his Majesties Return to England. The Islanders and Red-shank Scots made a sudden incursion into Ireland, and burned several Towns and Villages, killing Man, 1274. Woman and Child most inhumanely, and got away with vast Booty, before the Country could get together, or put themselves in a posture, to prevent or resist this unexpected Torrent; but not long after, Richard de Burgo and Sir Eustace le Poer served them in their kind, and entered the Islands, and burned their Cabins and Cottages, slew all they met with, and smoked out those that had hid themselves in Caves, after the same manner that is used in smoking a Fox out of his Earth. Ros●omon-Castle was once again repaired, 1275. or rather re-edified, and Mortagh a strong Tory (being taken Prisoner by Sir Walter le Faunt) was executed; but the Lord Justice being recalled, Sir Robert de Vfford was made Lord Justice; 1276. in whose time Thomas de Clare, Son of the Earl of Gloucester, came into Ireland, and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald (though some say it was anno 1274.) There is little recorded of the Battle of Glandelory or Glinbury, as to the Captain's Numbers, or other Circumstances, save that the English suffered a great Defeat there; and that William Fitz Roger, Prior of the Kings Hospitallers, and many others were taken Prisoners, Hanmer, 203. and a great number slain; which ill Success was somewhat balanced by a sore Battle, which Ralph Peppard and O Hanlon gave to the great O Neal. Thomas de Clare and O Bryan Roe (King of Thomond) were likewise at odds, 1277. and the Briton had tho' the better of it at first, so that he took O Bryan, and beheaded him; yet afterward, the Irish drove Thomas, and his Father-in-Law, into the Mountains of Slevebloom, M. S. Fragment 2. and kept them there, till for want of better Victuals, they fed upon Horseflesh, and thereupon they yielded themselves Prisoners; and to obtain their Liberty, were forced to give Hostages, that they would make satisfaction for O Bryan's Death, and surrender the Castle of Roscomon. And as if some malignant Star had influenced all the Inhabitants of Ireland to contention; the Irish also quarrelled with one another, and Mac Diarmund of Mylurg, encountered the King of Connaught, and slew him and two thousand of his Men. Wherefore the Lord Justice was sent for over, to give account of this Bustle, and why he permitted it, as also to answer why he did not in person assist Thomas de Clare, against the O Bryans. To the first he answered, that it was no damage to the King, that one Rebel destroyed another; and to the second, he gave such an Answer as was satisfactory. Stephen de Fulborne, 1279. Bishop of Waterford, was left Lord Justice till his Return: In his time were coined in England several round Pieces of Money, viz. the Penny, the Halfpenny, and the Farthing; which, by Proclamation were made current in England and Ireland, and yet the old Money was not cried down. About this time the Irish Petitioned the King, that they might have the Benefit of the Laws of England extended to them▪ which produced the following Writ. REX Archiepisc. Prin, 257. Abbatib. Comitib. Baronib. Militib. & omnibus Anglicis de terra Hiberniae, Salutem: Ex parte Hibernicorum de terra praedicta, nobis extitit humiliter supplicatum, quod sibi de gratia nostra concedere dignaremur, ut eisdem Legibus & Consuetudinibus communibus uti & gaudere possint in terra quibus Anglici ibidem utuntur & gaudent, & secundum easdem Leges & Consuetudines deduci valeant in futurum, Nos autem quia hujusmodi concessionem absque Conscientia vestra eis ad praesens non duximus faciendam, Vobis mandamus quod ad certos dies quos ad hoc provideritis, viz. citra Festum Nativitatis Beatae Mariae Virginis in aliquibus locis oportunis conveniatis, & inde diligentem tractatum inter vos habeatis, Vtrum sine prejudicio vestri, & Libertatum & Consuetudinum vestrarum, & etiam sine damno vestro dictam concessionem facere possumus eisdem, necne, & de omnibus aliis circumstantiis hujusmodi concessionem contingentibus, & de hoc quod inde feceritis, nobis citra proximum Parliamentum nostrum quod erit apud Westminster à die Sancti Michaelis in unum Mensem, sub Sigillo Justice. nostri Hiberniae, vel ejus locum tenentis, & Sigillo dilecti & fidelis nostri Roberti Baggot distinct & aperte, una cum concilio vestro constare faciatis, & hoc propter absentiam quorundam de paribus vestris quos ibidem interesse non contigerit, vel illorum qui sunt infra atatem, & in custodia nullatenus omittatis, ut nos ex tunc habita super hoc deliberatione pleniori inde provideri faciamus quod nobis & concilio nostro magis videbitur expedire, etc. It is certain the Answer to this Writ was in the Negative; and I suppose the Reason was, That since the Irish generally were not amensnable to the Law, but still used, and would use, their own Brehon-Law and Tanistry, it was not fit they should have a general Benefit of the Laws of England; but rather, that every Person, Family or Sept, who would give some Assurance, or at least Promise of Allegiance and Submission to the English Laws, should by Special Writ, be admitted to the Benefit of them; and therefore we find a Multitude of such Writs and Licences, from this time forward; and many of them are in this Form, viz. Quod ipse & liberi sui de corpore suo legitime procreati hanc habeant libertatem. And sometimes it is to Them and Their Heirs; and sometimes to Them and Their Heirs of such a Surname: But the most memorable Writ of this Sort is that which follows. REx omnibus ad quos, Prin, 258. 6. Rich. 2. etc. Salutem, sciatis quod de assensu concilii nostri concessimus, pro nobis & haeredibus nostr. ad supplicationem Cornelii de Clone de Hibernia dicto of Fynatha, militis Hibernici, & pro suo bono gestu erga nos, & pro bono servitio quod nobis impendit tempore praeterito, tam praedicto Cornelio qui est de Natione Hibernica, quam omnibus aliis de praedicta Natione qui sunt & erunt ad obedientiam nostram, & de sanguine ipsius Cornelii existunt, & gerunt illud cognomen de Fynatha, quod ipsi tempore quo ipsi sic obedientes nobis vel haeredibus nostris existunt, uti & gaudere possint omnimodis haereditatibus, beneficiis & libertatibus in Terra nostra Hiberniae predicta, prout ligei nostri Anglicani & obedientes nostri ibidem gaudent, & utuntur, aliquo statuto vel ordinatione in contrarium edito non obstante, etc. Robert de Vfsord, 1280. Lord Justice, returned from England, and kept all things in such good Order, that nothing is recorded of the two following Years, but the unfortunate burning the City of Waterford: But he being removed, Stephen Fulborn, 1282. Bishop of Waterford (afterwards Archbishop of Tuam) was Lord Justice; it seems he had been also Lord Treasurer: And then the Irish made great Stirs in Connaught, Arlow, and Upper Ossory, which cost many Lives; but the Loss fell heaviest upon the principal Rebels, Mortagh and Art mac Morough were slain by Penquir● at Arclow; and Mac Gilpatrick also met with an untimely Death in Connaught. And these Public Contests were accompanied with Private Quarrels, so that Adam Cusack slew William Barret and his Brethren, about some Lands they contended for in Connaught. It is to be remembered, That the Oastmen or Easterlings, had generally the benefit of the English Laws, by Charters from King Henry to each City: That of Waterford is to be seen in Sir John Davis his excellent Discourse, pag. 94. And it was this Year confirmed by King Edward. Great part of the City of Dublin was this Year burnt, 1283. and the Steeple and Chapterhouse of Christ Church did not escape the Flames; but the Devout Citizens first made a Collection for the Repair of the Church, and then set themselves to the re-edifying their own Houses. And so we come to a Trial, 1284. very unusual in Courts of Justice in Ireland, tho' too frequent in the Field; viz. that of Battle; Beware presul, 142. for Jeofry Saintleger, Bishop of Ossory, in a Writ of Right, for the Manor of Sirekeran, in Ely O Carol, recovered the same; and the Trial was by Battle, between the Bishop's Champion, and the Champion of his Adversary. The Lords and Potentates of Ophaly were grown strong enough to take and burn the Castle of Ley; 1285. and it seems Theobald Verdon going to revenge that Injury, lost both his Men and his Horses; which was followed with a greater Misfortune, for the next Morning Girald Fitz-Maurice was betrayed by his Followers, and taken Prisoner. Nor had the English better Success at Rathdod, for in an unfortunate Skirmish there, Sir Gerard Doget, Ralph Petit, and many more were slain; and the Lord Geofry Genevil had much ado to save himself by Flight. Amidst these Disturbances, Burlace, 31. the Lord Justice obtained from the King a Pension of five hundred Pound per annum, for his Expense and Charge in the Government, to continue as long as his Justiceship; but if any extraordinary Accident should require more Expense, than the Writ prescribes, That a Vice-Treasurer be appointed, to receive and pay the Revenue, as the Lord Justice and the Court of Exchequer shall think fit. But the next Year was more favourable, 1286. so that Philip Stanton, in November, burnt Norwagh and Ardscol, and other Towns; and the great Rebel Calwagh was taken at Kildare; which superseded these Stirs for a Time. Nevertheless, this Year was fatal to many Noblemen, viz. Maurice Fitz-Maurice, who died at Rosse, as Girald Fitz-Maurice Oge, did at Rathmore; and the Lord Thomas de Clare could not escape the Common Fate, to which the Lord Justice himself was forced to submit: So that John Sandford, 1287. Archbishop of Dublin, was chosen Lord Justice: His Government was the more uneasy to him, because Richard Burk, 1288. Earl of Ulster, and Walter Lacie, Lord of Meath, confederated against Theobald de Verdon, and Besieged him in the Castle of Athloan, and came with a great Army as far as Trim: However, this was in a great measure recompensed, by the Plenty of the Year, which was so great, (even in England) that a Bushel of Wheat was sold for four Pence. It was usual in this King's Reign, To send the new English Statutes, in some reasonable time after they were made, to be proclaimed and observed in Ireland: Thus, in the thirteenth Year of his Reign, he sent by Roger Bretun the Statutes of Westminster the first, of Gloucester, of Merchants, and of Westminster the second, to the Lord Justice (Fulborne) to publish and notify them to the People: And this Year the like was done by the Statute called, Ordinatio pro Statu Hiberniae, which was enacted in England, and sent to Ireland, to be observed there; and is to be seen in French, in the second part of the Ancient Statutes, printed at London, 1532. And the Statutes of Lincoln and of York were also sent to Ireland, Ex lib. Alb. Scac. Hib. to be enroled in the Chancery, and to be published and notified to the People, 20 Novemb. 17 Edw. 1. And it is to be observed, That after Parliaments were held in Ireland, yet the English Statutes did extend to Ireland; as the eleventh of Edward III, Lib. M. Lamb. of Drapery, and the twenty seventh of Edward III, of the Staple; and the fourth of Henry V, cap. 6-touching the Promotion of Clerks of the Irish Nation; and many more. But it is time to return to the Lord Justice, whose Service the King had occasion to make use of in England, and in several Foreign Embassies; in all which he behaved himself honourably: He was succeeded in Ireland by William Vescy, 15 Novemb. 1290. Lord Justice: Whose Government was disturbed by O Hanlon in Ulster, and O Mlaghlin in Meath, who were again in Rebellion; but Richard Earl of Ulster had the good Fortune to suppress O Hanlon with a few Blows; and the Lord Justice did as much for O Mlaghlin, and pursued him so close, that at last he was taken and slain by Mac Coughlan; who grew so proud, upon that Service, that he set up for himself, and gave a great Defeat to William Burk, at Delvin, and to the English in Ophaly. And tho' the King, in the thirteenth Year of his Reign, had a Grant from the Pope of the Tenth of all Ecclesiastical Revenues in Ireland, for seven Years, toward the Holy War, which was followed with a Grant of a Fifteenth, from the Temporality; yet now, upon the Expiration of that Grant, he wrote to the Bishops and Clergy for a Dism of their Spiritualities, to defray his Debts in redeeming his Nephew Charles. But they unanimously answered, Quod concessioni petitionis praefatae minime supercederent. But Cambden assures us, That the Temporality granted another Fifteenth. To this Lord Justice, Cambden 78. Balliol King of Scotland did Homage, for some Lands he held in Ireland; and about the same time it was ordered, 4 Inst. 356. That the Treasurer of Ireland should account yearly at the Exchequer of England: 1293. And the same Year came over Gilbert de Clare, Earl of Gloucester, whose Wife (Joan of Acres) was the King's Daughter. But now there arose great Feuds between John Fitz-Thomas Fitz-Girald, Lord of Ophaly, and the Lord Justice; whereupon the Lord Justice did (underhand) encourage the Irish to do all the Prejudice they could to Fitz-Girald and his Partisans; hence arose mutual Complaints, and reciprocal Impeachments; so that both of them went, (or were fent for) into England: But it will not be unpleasant to the Reader, to have the Particulars of this famous Controversy, in the Words of Holingshead. The Lord Justice hearing many Complaints of the Oppressions the Country daily received, Holingshead, 35 which he thought reflected on him, and insinuated his male Administration, therefore to disburden and excuse himself, he began, in misty Speeches, to lay the Fault on the Lord John Fitzgiralds Shoulders, saying (in parable wise) That he was a great occasion of these Disorders, in that he bore himself in Private Quarrels, as fierce as a Lion, but in these Public Injuries, as meek as a Lamb. The Baron of Ophaly spelling and putting these Syllables together, spoke after this Manner. My Lord, I Am hearty sorry, that among all this Noble Asembly you make me your only Butt, whereat you shoot your Bolt; and truly were my Deserts so heinous, as I suppose you would wish them to be, you would not labour to cloud your Talk with such dark Riddles, as at this present you have done; but with plain and flat English, your Lordship would not stick to impeach me of Felony or Treason; for as mine Ancestors, with spending of their Blood in their Sovereign's Quarrel, aspired to this Type of Honour, in which at this Day (God and my King be thanked) I stand: So your Lordship taking the nigher Way to the Wood, by charging me with Treason, would gladly trip so roundly on my Top, that by shedding of my Blood, and by catching my Lands into your Clutches, that butt so near upon your Manors of Kildare and Rathimghan; as I dare say they are an Eyesore unto you, you might make my Master, your Son, a proper Gentleman. A Gentleman! quoth the Lord Justice, thou bald Baron, I tell thee, the Vescies were Gentlemen before the Giraldins were Barons of Ophaly; yea, and before that Welsh Bankrupt, thine Ancestor (he meant Sir Maurice Fitz-Girald) feathered his Nest in Leinster. And whereas thou takest the Matter so far in Snuff, I will teach thee thy Lyripups after another Fashion, than to be thus malapartly cocking and billing with me, that am thy Governor. Wherefore, albeit thy Taunts are such, as might force the patientest Philosopher that is, to be choked with Choler: Yet I would have thee ponder my Speech, as though I delivered it in my most sober and quiet mood. I say to the Face of thee, and I will avow what I say unto thee, That thou art a Supporter of Thiefs, a bolsterer of the King's Enemies, an Upholder of Traitors, a Murderer of Subjects, a Firebrand of Dissension, a rank Thief, an arrant Traitor, and before I eat these Words, I will make thee eat a piece of my Blade. The Baron bridling, with might and main, his Choler, bore himself as cold in Countenance as the Lord Justice was hot in Words, and replied in this wise. My Lord, I Am very glad, that at length you unwrapt yourself out of that Net, wherein all this while you masked: As for mine Ancestor (whom you term a Bankrupt) how Rich or how Poor he was, upon his repair to Ireland, I purpose not, at this time to debate; yet thus much I may boldly say, That he came hither as a Buyer, not as a Beggar, he bought the Enemy's Land by spending his Blood: But you (lurking like a Spider in his Cobweb, to entrap Flies) endeavour to beg Subjects Live wrongfully, by despoiling them of their Innocent Lives. And whereas you charge me with malapertness, in that I presume to chop Logic with you, being Governor, by answering your snappish Quid with a knappish Quo. I would wish you to understand, (now, that you put me in mind of the Distinction) that I, as a Subject, honour your Royal Authority, but as a Nobleman, despise your Dunghill Gentility. Lastly, Whereas you charge me with the odious Terms of Traitor, Murderer, and the like, and therewithal you wish me to resolve myself, that you rest upon Reason, not upon Rage; if these Words proceed from your Lordship, as from a Magistrate, I am a Subject to be tried by order of Law, and am sorry that the Governor, who ought by virtue of his public Authority, to be my Judge, is by reason of private Malice, become mine Accuser. But if you utter these Speeches as a private Person, than I John Fitz-Girald, Baron of Ophalie, do tell thee William Vescie, a singe-Sole Gentleman, that I am no Traitor, no Felon; and that thou art the only Buttress, by which the King's Enemies are supported: the mean and Instrument by which his Majesty's Subjects are daily spoiled: Therefore, I, as a Loyal Subject, say Traitor to thy Teeth; and that shalt thou well understand, when we both shall be brought to the Rehearsal of these Matters before our Betters. Howbeit, during the time you bear Office, I am resolved to give you the Mastery in Words, and to suffer you, like a brawling Cur, to bark; but when I see my time, I will be sure to by't. These biting Speeches passing to and fro, great Factions on both sides were raised, with high and mighty words and deep Oaths; till in time either part appeased his own. The Baron of Ophaly not sleeping, nor slacking his Matter, scudded with all haste into England, where he was no sooner inshoared, than Vescie (after he had substituted William Hay in his room) was embarked, making as hot foot after the Baron as he could. The King and his Council understanding the occasion of their sudden Arrivals, to the end the Truth should be brought to light, appointed a set Day for the deciding of their Controversy, and that each of them should speak for himself what he could: Wherevon Vescie, being commanded to begin, spoke to this effect: My Dread Sovereign, AS I must acknowledge myself somewhat aggrieved, to be entangled in so intricate a Matter; so I am glad as heart can think, that so weighty a controversy is brought to the deciding of so upright an Umpire: And whereas it stood with your Majesty's Pleasure, with the Advice of this your Honourable Council, That I, as unworthy, should have the Government of your Realm of Ireland; and during my Time, your Majesty's Subjects have been, (I may not deny it) diversely annoyed, for my Discharge, as I said, in Ireland: So I avow here in England, that he kneeleth here before your Highness (pointing to the Baron of Ophaelie) that is the Root and Crop of all these Enormities; for it is well known that he beareth that stroke with the Irish, as if he once but frown at them, they dare not be so hardy as once to peak out of their Cabins: And whereas his Force doth greatly amaze them, think you but his Countenance doth wonderfully encourage them? To the furtherance of which, it is apparently known, and it shall be proved, that he hath not only in hucker mucker, by sundry Messages emboldened your Majesty's Enemies, to spoil your Subjects; but also by his personal Presence, in secret Meetings, he gave them such Courage, as neither the Royalty of your Highness, nor the Authority of your Deputy, neither the force of your Laws, nor the strength of your puissant Army, was able to quench the Flame of these Hurly-burlies, that through his traitorous drifts were enkindled: These, and the like Enormities, through his privy packing with Rebels, being daily committed, to bring me, your Majesty's Governor in the hatred of the People, his Adherents both secretly muttered, and openly exclaimed against me and my Government, as though the Redress of all these Harms had wholly lain in mine hands. Whereupon, being in conference with such as were the Chieftains of your Realm of Ireland, albeit I took it to be expedient, to point with my Finger to the very Sink or Head-spring of all the Treasons that by secret Conspiracies were pretended and practised against your Majesty and your Subjects; yet notwithstanding having more regard to Modesty, than to the Deserts of the Baron of Ophalie, I did but glance at his packing in such secret sort, as none, or very few of the Company could guests, whom with my misty Speeches I did touch. And as commonly the galled Horse doth soon kick; so this Gentleman, being pricked, as it should seem, with the sting of his guilty Conscience, broke out on a sudden, and forgetting his Allegiance to your Highness, and his Duty to me, your Deputy; he took me up so roughly, as though I had been rather his Underling, than his Governor: The Sum of which despightful Speeches I refer to the Testimony of the honourable Audience where they were delivered. As for his manifold Treasons, I am ashamed to rehearse such things as he did not stick to commit. And if it shall stand with your Majesty's Pleasure, to adjourn the Trial for a few days, I will charge him with such apparent Items, as were his Face made of Brass, he shall not be able to deny any one Article that shall be booked against him. When Vescie had ended, the Baron of Ophalie pressed himself somewhat forward, and in this wise spoke: Most puissant Prince, and my dread Sovereign, WEre Mr. Vescie's Mouth so just a Measure, as what he spoke, should be holden for Gospel, this had been no fit Place for so arrant a Traitor, as he, with his feigned glozing, would gladly prove me to be. But sigh it pleased your Majesty, with so indifferent Balance, to ponder both our Tales; I am throughly persuaded, that my loyal Innocency shall be able to overpoize his forged Treachery. Your Majesty hath heard many Words to small purpose; and as his Complaint hitherto hath been generally huddled up, so my Answer thereto may not particularly be framed. Whereas therefore, he termeth me a Supporter of Thiefs, a Packer with Rebels, and a Conspirator with Traitors; If I should but with a bare word deny the Premises, all his gay Gloss of glittering Speeches would suddenly fade away: Yea, but he craveth respite for the Booking his Articles: Truly so he hath need; for loitering and lingering is the only way he may devise to cloak his Feigning and Forging; wherein he showeth himself as crafty, as the Philosopher was accounted wise, that promised a Tyrant, upon menacing words, to School his Ass in Philosophy, so he had seven years' respite; because that in that space he was persuaded, that either the Tyrant, the Ass, or he would die. In like wise Mr. Vescie, upon respite granted him, would hang in hope, that either the Life of your Majesty (which God forbidden) should be shortened, or that I, in tract of time, would be disfavoured; or that he by one subtle Prank or other should be of this heavy Load disburdened, But if I have been as many years a Malefactor, as he advoucheth, how happeneth it, that his Tongue was tied before this late Dissension begun? Why did he not from time to time advertise the Council of my Treasons? Whereas now it may be probably conjectured, that he was edged to this Service rather for the hatred he beareth me, than for any love he oweth your Royal Majesty, Touching the Words I spoke in Ireland, I purpose not for aught I heard as yet, to eat them in England. And when I shall be called to testify such Speeches as I delivered there, I will not be found so raw in my Matter, as to lose my Errand in the Carriage, as Mr. Vescie hath done, or to crave further respite for the registering of his manifold Treasons. As for my secret Meetings with Irish Rebels, were I persuaded (Mr. Vescie) that you were able to prove them; I would be found willing to acknowledge them; for if my Conscience were so deeply stung, as you pretend, I would take it for better policy, by acknowledging my Trespass, to appeal to my King's Mercy, than by denying my Faults, to stand to the rigour of his Justice. And as for Meetings, I never had so many in Woods with Rebels, as you, Mr. Vescie, have had in your Chamber with Cows; For it hath been manifestly apparent, that when the Baron of Ophaly, and the best of the Nobility of Ireland have been imbarred from entering your Chamber, an Irish Cow should have at all time's access unto you. No, Mr. Vescie, a Cow, an Horse, an Hawk, and a Silver Cup have been the occasion of your Slackness: when the Subjects were preided, you would be content to wink at their Misery, so that your mouth were stopped with Bribery. And when you had gathered your Crumbs sufficiently together, you held it for a pretty Policy (and yet it was but a bare shift) to charge the Nobility with such packing, as you daily did practise. But you must not think that we are Babes, or that with any such stolen Device, or gross juggling Trick, you may so easily dusk or dazzle our Eyes. Can any man that is but slenderly witted, so far be carried, as to believe, that Mr. Vescie, being the King's Deputy in Ireland, having his Majesty's Treasure, having the Nobility at his Beck, the King's Army at his Commandment, but that if he were disposed to bestir himself, he were able to ferret out such bare-breech Brats as swarm in the English Pale? If he said, he could not, we must smile at his simplicity; if he could and would not, how may he colour his Disloyalty? Yea, but I bear such a stroke with the Irish, as, that upon any private Quarrel, I am able to annoy them. What then? Because the Baron of Ophalie can revenge his private Injuries without the assistance of the Deputy, therefore the Deputy may not vanquish weak and naked Rebels without the furtherance of the Baron of Ophalie; whereas the contrary aught to be inferred, that if a private person can tame the Irish, what may then the public Magistrate do that hath the Prince's Pay? But indeed it is hard to take Hares with Foxes. You must not think, Mr. Vescie, that you were sent Governor into Ireland to dandle your Trulls, to pen yourself up within a Town or City, to give Rebels the Gaze, to peel the Subjects, to animate Traitors, to fill your Coffers, to make yourself by marring true men, to gather the Birds, whilst others beat the Bushes, and after to impeach the Nobility of such Treasons as you only have committed. But for so much as our mutual Complaints stand upon the one his Yea, and the other his Nay, and that you would be taken for a Champion, and I am known to be no Coward, let us, in God's Name, leave Lying for Varlets, Berding for Ruffians, Facing for Crackers, Chatting for Twatlers, Scolding for Callets, Booking for Scriveners, Pleading for Lawyers; and let us try with the Dint of Sword, as becomes Martial Men to do, our mutual Quarrels. Wherefore to justify that I am a true Subject, and that thou Vescie art an Arch-traitor to God and to my King, here, in Presence of his Highness, and in the hearing of this Honourable Assembly, I challenge the Combat. Whereat all the Auditory shouted. Now, in good Faith, quoth Vescie, with a right good Will. Whereupon both the Parties being dismissed, until the King's Pleasure were further known, It was agreed, at length, by the Council, That the fittest Trial should have been by Battle. Wherefore the Parties being as well thereof advertized, as the Day by the King appointed, no small Provision was made for so eager a Combat, as that was presupposed to have been. But when the prefixed Day approached near, Vescie turning his great Boast to small Roast, began to cry Creak, and secretly sailed into France. King Edward thereof advertised, bestowed Vescies Lordships of Kildare and Rathingan on the Baron of Ophaly; saying, That albeit Vescie conveyed his Person into France, yet he left his Lands behind him in Ireland. Mr. Pryn makes an Observation on this Case, Pryn, 259. as if an Appeal between Vescie and Fitz-Girald, in Ireland, had been adjourned to England. But to make the Remark useful, it is necessary not only to consider what he says, but also to consult the Records which he citys. William Hay, 1294. Lord Deputy, to whom a Writ was sent, to admit Thomas Saintleger, Bishop of Meath, to be of the Privy Council: And not long after John Fitz-Thomas returned to Ireland, big with Glory and Success, which transported him to a Contempt of all his Opposers; he began with Richard Burk, Cambdens Ann. Earl of Ulster, whom (together with William Burk) he took Prisoners in Meath, by the assistance of John Delamere, and confined them to the Castle of Ley. But he had not so good luck in Kildare, which was made the Seat of the War, so that between the English and Irish it was entirely wasted; the Castle of Kildare was also taken, and the Records of that County burnt by Calwagh, Brother to the King of Ophaly: And these Misfortunes were accompanied with great Dearth and Pestilence. William Dodingzel, Lord Justice, found Work enough to struggle with these Difficulties, and the rather, because John Fitz-Thomas appeared again with a great Army in Meath: But the Parliament soon after met at Kilkenny, 1294. and obliged him to release the Earl of Ulster, taking his two Sons Hostages for him. And it seems that this did not satisfy the Complainants, but that they impeached him at the Parliament, in England, Lib. GGG. (23 E. 1.) for divers Offences and Felonies done in Ireland. Lambeth. He protested he could clear himself by Law, but because he would not, Prin, 259. cum ipso Domino Rege placitare, he submits himself wholly to the King's Favour; 1295. into which he was received, upon Pledges for his future demeanour, and 'tis probable he was also obliged to release his Claim to the Castle of Sligo, and other his Lands in Connaught; which was the Occasion of all this Stir. About Easter the King built the Castle of Beaumorris in Wales, 1295. for the better security of a Passage to and from Ireland: And about the same time, Bishop usher's life, 34. the King required Aid, to marry his Sister to the Emperor; and such as did contribute thereunto, are mentioned in the Pipe-Rolls of the Exchequer. In the mean time, on the third Day of April, the Lord Justice died; and during the Interval of Government, the Irish made use of the Opportunity, and wasted great part of Leinster, burnt Newcastle, and many other Towns: But at length the Council chose Thomas Fitz-Maurice Fitz-Girald, Lord Justice, he was nicknamed Nappagh, Simiacus, or the Ape, because when his Father and Grandfather were murdered, Friar Russel. M. S. at Calan, the Servants (on the news of it) run out of the House, as if distracted, and left this Thomas in the Cradle; whereupon an Ape (which was kept in the House) took up the Child, and carried him to the top of the Castle of Traly; and brought him down Safe, and laid him in the Cradle, to the admiration of all the Beholders. This Lord Justice was Father of the first Earl of Desmond, and was so great a Man, that he is often styled Prince and Ruler of Munster: But it seems he supplied the Place of Lord Justice but a very short time; for John Wogan, 1295. Lord Justice, arrived from England, on the eighteenth of October: He made a Truce for two Years, between the Burks and the Giraldines; and received a Writ to take the Fealty of the Abbot of Owny, in the County of Limerick; and having called a Parliament (which it seems settled Matters to his Mind) he went with a smart Party, to aid the King in Scotland: His Majesty nobly feasted them, at Roxborough Castle; and they, in requital, did the King very good Service. But that you may see what sort of Parliaments were in Ireland, in those Days, I will present the Reader with a List of this Parliament. Richard de Burgo, Earl ofVlster. Geofry de Genevil. John Fitz-Thomas, afterwards Earl of Kildare. Thomas Fitz-Maurice (Nappagh). Theobald le Butler. Theobald de Verdun. Peter de Brimingham of Athenry. Peter de Brimingham of Thetmoy. Eustace de Poer. John de Poer. Hugh de Purcel. John de Cogan. John de Barry. William de Barry. Walter de Lacy. Richard de Excester. John Pipard. Water L'enfant. Jordan de Exon. Adam de Stanton. Simon de Phipo. William Cadel. John en Val. Morris de Carew. George de la Roch. Maurice de Rochfort. Maurice Fitz-Thomas of Kerry. William de Ross, 1296. Prior of Kilmainham was left Lord Deputy to Wogan; but either the Irish did not fear him (being a Clergyman), or they thought this a time of Advantage, whilst the Lord Justice, and many of the Nobility and best Soldiers, were in Scotland; and therefore to improve it, (as they were used to do) they risen in Rebellion, in several Places. Those of Slewmargy burnt Leighlin, and other Towns: 1297. But O Hanlon and Mac Mahon, met with more Opposition in Vrgile, for they were both slain. John Wogan, 1298. Lord Justice, returned again from Scotland, in October, and throughly reconciled the Burks and the Giraldines, and kept every thing so quiet, that we hear of no Trouble in a great while, except some Disturbance the Irish gave to the Lord Theobald de Verdun, in attacking his Castle of Roch. Pollard Money was now decried both in England and Ireland; 1300. and the King did again enter Scotland, and sent to Ireland for Aid; and wrote not only to the Lord Justice, but also sent particular Letters to every one of the Nobility to attend him. Whereupon the Lord Justice, accompanied by John Fitz-Thomas, Peirce Brimingham, and many others, made a second Expedition into Scotland, with good Success. In the mean time, part of the City of Dublin, and particularly S. Warberg's Church, was burnt, on S. Colme's Eve; and the Irish were again at their usual Pranks, taking Advantage of the Lord Justice's absence (who I suppose did again depute William de Ross) and in Winter assaulted and burnt Wicklow and Rathdan; 1301. but they were well paid for their pains, and in Lent had been ruined, but for the Dissension and Discord of the English; and in the Harvest before, some of the Irish also had their share of Civil Discord; for they fell out amongst themselves, so that the O Phelims' and O Tools slew three hundred of the Birns, under the Notion of Thiefs or Tories. Neither was Munster free from the like Calamity; for it felt the heavy hand of Walter le Poer; who burnt and wasted great part of it: Davis, 93. Nevertheless the Justices in Eyre sat this Year at Tredagh. And it seems that in those days as well Common Pleas, as those of the Crown, were tried before the chief Governor; for I find this Entry 32 Ed. 1. A die S. Martini in quindecim dies, de Commun. Placit. apud Dublin coram Johanne Wogan Justiciar. Lib. G. Lambeth. Hiberniae; and sometimes they did it by Commissioners; as, 6 Ed. 2. Coram Waltero de Thornbury Cancellario & Willielmo Alexander assignatis loco Edmondi le Butler, Custode Terrae Hiberniae, alibi in remotis agendis. John Wogan Lord Justice, 1302. being returned, called a Parliament; the Effects whereof I find not; but on the 17th. of January issued a Commission to Richard Earl of Ulster, the Lord Justice, and Tho. Cantock Lord Chancellor, to ask a Subsidy from the Clergy, pro salvatione Coronae suae, etc. And the King wrote particular Letters to them, but all to no purpose: Nevertheless Pope Boniface would not be so served; for he obtained (or exacted) from them a three years' Disme to aid the Church against the King of Arragon. The Lord Edmond Butler recovered the Manor of Holywood in Fingal, from the Archbishop of Dublin, by Fine or Concord between them (in the King's Bench, says Cambden) and the same Archbishop took great pains to reconcile the two Churches of St. Patrick's and Christ-Church in Dublin, Ware de Presul. 110. and made Articles between them, which were not observed; in the mean time, Says an. 1300. Hugh de Lacie preyed the Estate of Hugh Verneil, I suppose for some private Injuries. Richard Burk, 1303. Earl of Ulster, accompanied with Eustace le Poer and a good Army, went to aid the King in Scotland; and the Earl made thirty three Knights in the Castle of Dublin, before he set out; and it is observable, that in all Commissions, and even in the Parliament-Rolls, this Earl is always named before the Lord Justice. This Year died Gerald, 1304. eldest Son of the Lord John Fitz-Thomas, as also the Countess of Ulster, and William de Wellesby, and Sir Robert Percival were slain in October; also an Order issued to pardon Maurice de Carew Four hundred pound Arrearages he owed the King for his Lands in Desmond, Lib. F. Lambeth. because he was serving the King in Scotland; and now again was a great part of Dublin accidentally burnt. The next Year produced abundance of Villainy; 1305. for Jordan Coming, with his Complices, murdered Mortagh O Connor, King of Ophaly, and Calwagh his Brother, and some others, at Pirece Brimingham's House in Carbry, in the County of Kildare; and some Irishmen did the like by Sir Gilber Sutton, Seneschal of Wexford, at the House of Heymond le Grace, and Heymond himself had much ado to escape; and this year there was an Inquest of Trailbaston. It seems the Mayor of Dublin had made some Complaints to the Irish Parliament, against the Treasurer and Barons of the Exchequer; 4 Inst. 350. which was adjourned or transmitted to England, and the Mayor was committed to the Tower, and fined, because he could not make out his Acusation. The Year 1306. 1306. was not less bloody than the former; for on the 13th. of April, the O Dempsyes made great Slaughter of the O Connors, near Geashil in Ophaly, and O Dempsy Captain of the Regans was there slain. Soon after which, O Bryan King of Thomond, was murdered; and Daniel Oge Mac Carthy did as much for his Father Donald Roe, King of Desmond; to which we may add, that Pierce Brimingham was defeated in Meath, May 12, and Ballymore was burnt by the Irish, and Henry Celse was there killed. Hereupon great Wars ensued, and the English were summoned out of other Provinces to the Relief of Leinster; they had a notable Battle at Clenfel, where Sir Thomas Mandeville fought valiantly, till his Horse was killed under him; but what the Event of the Battle was, is not recorded. About this time, Thomas Cantock, Chancellor, being consecrated Bishop of Emly, made the greatest Feast for poor and rich, that ever was seen in Ireland, to that day. This Year Murchod Ballagh was beheaded near to Merton, 1307. by Sir David Canton, or Condon, who was afterwards hanged for it in Dublin, anno 1309. And on the first of May the Oscheles (perhaps O Kellyes) in Connaught, routed and slew many Englishmen, and the Tories of Ophaly razed the Castle of Geashil, and on the 6th of July burned the Town of Ley, and besieged the Castle; but at length they were dispersed by John Fitz-Thomas and his Son-in-Law Edmond le Butler. In the mean time, on the 7th of July, this Noble and Victorious King died of a Dysentery at Barough upon the Sand, in the five and thirthieth year of his Reign, and of his Age the sixty eighth. THE REIGN OF EDWARD II. King of England, etc. And LORD of IRELAND. EDWARD the Second (styled of Carnarvan, 1307. the Place of his Birth) began his Reign on the seventh Day of July, 1307. with great Applause both of Nobility and People; but he soon disappointed their good Expectations, and not only recalled Gaveston, contrary to his Father's Express and Last Commands, but also gave him the thirty two thousand Pound, which his Father had specially appointed for the Holy War; Baker, 109. moreover, he went to Bulloign, and married Isabel, Daughter of Philip the Fair, King of France, on the twenty second Day of January 1307, without any Portion in Money: And on the twenty fourth Day of February, both he and she were crowned at Westminster, by Henry, Bishop of Winchester, with exceeding Pomp. As to the Affairs of Ireland, they were little regarded at this time, so that there were small or no Alterations in that Government; and Sir John Wogan still continued Lord Justice; and in Decem. received an Order to suppress the Knight's Templars; which was effectually executed here, on the third Day of February, as it had been in England the seventeenth Day of January before; Cambden, 165. so that the King got four hundred pounds' Worth of their Goods; which it seems was a great Sum in those Days. This Year proved very unfortunate, as well by the Death of the famous Peter de Breminghan, on the twelfth of April, as by the Rebellious Disturbances of the Irish; amongst whom William mac Balthar was most active, for he and his Complices burned the Castle of Kenun, on the eleventh of May, and slew most of the Ward; they also burned the Town of Courcowly, and on the sixth of June discomfited the Lord Justice, near Glandelory, where John de S. Hogeline, John Norton and John Breton were slain; and being elevated with this Success, on the sixteenth of June they burned Tobir, Danlavan, and many other Villages. But the Lord Justice was so vigilant, that before the end of August the Rebels were dispersed, and their Captain, William mac Balthar, was taken and hanged. In the midst of these Disturbances, John Decer, Mayor of Dublin (who had some time before built the Bridge over the Liffy, Ibid. 166. near S. Wolstons, and the Chapel of our Lady, at the Friar's Minors, and had also repaired the Church of the Friar's Preachers, and every Friday feasted the Friars at his own Cost) did now build the high Pipe in Dublin. But the Lord Justice being sent for into England, to give an Account there of the miserable State of Ireland, substituted. William Burk, August. 1308. Custos, Warden, or Deputy of Ireland: He was Ancestor of many Noble Families, and particularly of the Lords Castleconel and Leitrim. In his time the Irish burnt Athy, and Richard Talon was murdered by Maurice de Condon, Cambden, 166. and Candon was served in the same kind by the Roches, and Odo mac Cathol O Connor slew Odo King of Conaught: But in March following Peirce de Gaveston (an insolent Frenchman) was by the Nobility of England, in Parliament, banished that Kingdom; whereupon the King (to make this Exile of his Favourite as easy as he could) gave him the Government of Ireland, and assigned to him the Revenue and Royal Profits of that Realm, so that thither he came with a great Retinue; and he behaved himself so well, that he broke and subdued the Rebels in the Mountains near Dublin. He slew Dermond O Dempsy, a great Irish Captain, at Tully; he marched into Munster, and subdued O Brian in Thomond; he rebuilt the new Castle of Mackingham, in the Kevins Country, and repaired the Castle of Kevin, and cut and cleansed the Paces between that and Glendelough; he was exceedingly beloved of the Soldiers, both for his Liberality and Valour, and might have done much Good there, if he had stayed longer. Nevertheless he could not brook Richard Earl of Ulster, who was the greatest Lord in Ireland: This Earl (as it were to nose Gaveston) did at Whitsuntide, keep a great Feast at Trim, Camb. 166. and dubbed two of the Lacy's Knights; and marched as far as Tredagh, to encounter the Lord Lieutenant; but on better Advertisement he returned. But the King impatient of Gaveston's longer Absence, recalled him on the twenty third of June; and sent in his Room Sir John Wogan, 1309. Lord Justice; M. S. Fragm. and in October following, the Noble Lord, 4. says, 1308 Roger Mortimer, came over with his Wife, (Heiress of Meath) and had quiet Possession of that Country, the Grandfather (Sir Geofry Genevil) entering into a Monastery. On the second of February Sir Arnold Poer slew Sir John Bonevil at Arstol; but it was found to be in his own Defence. Cambded, 167. And in the same February, there was a Parliament held at Kilkenny, before the Earl of Ulster and the Lord Justice, (according to the Custom and Usage of those times) which appeased many Civil Discords, and enacted many good Laws; which Mr. Pryn says, Pryn, 259. were printed in Bolton's Edition of the Irish Statutes 1621. And he reckons this to be the first Parliament that was held in Ireland, except that of Henry TWO, aforesaid; but without question he is mistaken. And it seems, Pryn, 259. That in the beginning of the next Year, or the latter end of this, there was another Parliament (or Assembly of the great Men) at Kildare; where Poer was acquitted of the Death of Bonevil. About this time Wheat was sold for twenty Shillings the Erane; Cambded, 167. and the Bakers were drawn on Hurdles, through the Streets of Dublin, for their Knavery. In the Year 1310. Richard de Havering, who under Pretence of the Pope's Provision, 1310. had assumed the Title of Arch bishop of Dublin, and enjoyed all the Profits of that See without Consecration, for four Years and upward, was so terrified by a Dream, that he resigned his Bishopric to the Pope that gave it him: Ware de praesul, 111. And though Alexander Bricknor had the better in the Election, the seventeenth of March, 1610. yet John Lech (by the Power and Favour of the King) enjoyed the Bishopric, and begun the Controversy with Rowland Jorse, Archbishop of Armagh, about elevating his Crosier, in the Province of Leinster, and managed it so dextrously, or rather so violently, Hook. 65. that he forced the Primate to fly by Night, in his Pontificals, from Howth to the Priory of Grace Dieu, and thence chased him out of the Diocese (or rather Province) of Dublin, and in the same year the Judges of the Court of King's Bench were reduced to the number of Three. The Year 1311 was troublesome enough; 1311. for, Frag. 4. in May, Richard Earl of Ulster invaded Thomond, Davis 134. and marched up to Bunratty, where Richard de Clare met, and defeated him, and took him, the Lord William Burk, and others of his Kindred Prisoners, and slew John de Lacie, and many more of the Earls Followers; and in November following the same Richad de Clare defeated the Irish, and slew Six hundred Galloglasses. Nor were the Civil Discords less amongst the Irish; for Donough O Bryan was murdered by his own Men in Thomond, and John Mac O Hedan was slain by O Molmoy, and William Roch was murdered by a Tory; However, the Birneses and Tools were numerous enough to invade Taslagard and Rathcanle, and to terrify Dublin, by lurking up and down the Woods of Glendelory: Nor could the State suppress them, because Robert Verdon began a Riot in Vrgile, and was so powerful, that he defeated the Lord Justice and his small Army, 1312. July 7. 1312. but afterwards (upon better consideration) he voluntarily submitted himself to the King's Mercy; whereupon the Lord Justice went for England, and left in his stead▪ Sir Edmond Butler, 1312. Lord Deputy, who being now at leisure to deal with the Birneses and Tools, he managed that Affair so well, that he soon forced them to submit; and then sent his Father-in-Law, the Lord John Fitz Thomas (afterwards Earl of Kildare) General into Munster; who, at Adare Knighted Nicholas Fitz Maurice (afterwards Lord of Kerry) and others. This Year was famous for two mighty Marriages, of Maurice (afterwards Earl of Desmond) and Thomas Fitz John, afterwards Second Earl of Kildare, to the two Daughters of the Earl of Ulster. But these rejoicings were soon over, 1313. and the Misfortunes of the English in Scotland, drew on a Scotch Invasion of Ireland. At first, the Scots only sent some Boats to pray the Costs of Ulster, which were well resisted; but before the year was out, Edward Bruce came in Person; he forced and robbed the Castle of Man, and took the Lord O Donel Prisoner; it seems he retired again, to collect a greater Army, and the Deputy (after he had on Michaelmas day made one and thirty Knights in the Castle of Dublin, 1314. and had taken the best care he could to defend the Realm against the Scots) was sent for to England; and, Sir Theobald de Verdon was made Lord Constable or Justice of Ireland, Prin, 259. 31 Dec. 1314. In whose time the King sent John de Hothum Clerk, into Ireland, to treat with the great Men there, about the King's Affairs, and by him sent Writs, in the Nature of Letters of Credence, to Richard Earl of Ulster, and all the rest of the Nobility by Name, and a general Writ or Letter to the Lord Justice and the great Officers of State, to the same effect; Ibid. 260. and another Writ to assist him, and to summon the Nobility to a general Meeting, that Hothum might communicate the King's Pleasure unto them. He also sent Writs to the Lord Justice, the Earl of Ulster, and several other great Men, to attend his Parliament in England; and to appoint a sufficient Deputy or Keeper of Ireland till their Return; Prin, 261. And because the Words, Vestrumque Concilium impensuri are omitted, Mr. Prin observes rightly, that these Irish Lords went as Commissioners or Agents from Ireland, to inform the King and Parliament of the state of Affairs there, and did not go to serve in Parliament, as my Lord Cook would have it. 4 Inst. 350. I do not find whether the Lord Justice went or not, nor, (if he did) what Deputy or Keeper of Ireland was appointed in his room; but whoever had it, did not keep the Office long; for on the 27th of Febr. Sir Edmond Butler, Frag. 5. 1315. Lord Justice returned; and soon after, viz. on the 25th. of May 1315, Edward Bruce and six thousand Scots Landed near Carigfergus in Ulster; with them joined several of the Irish, and together they marched to Dundalk, which they took and burnt on the 29th. of June; they also spoiled Vrgile, and drove most of the English out of Ulster. To oppose them, an Army was raised, which rendezvouzed at Dundalk, July 22. But whether it were, that the Scots were retired, or that the English Commanders could not agree, the Lord Justice returned to Dublin, and left the Earl of Ulster to pursue the Scots; with whom that Earl had a Battle near Colrain, Camb. 169. on the 10th. of September, and was defeated, and many of the English slain, and William Burk, John Stanton and others were taken Prisoners. This great Loss could not be recompensed with the slaughter of forty Scots, which was performed by some English Mariners; and therefore Bruce (to follow his Blow) caused his Army to besiege Carigfergus, Septem. 15. and sends his Brother William Bruce into Scotland for a Supply. 1315. In the mean time, the Irish every where insult over the unfortunate English, and generally rebel throughout Ulster and Connaught; they burned Athloan, October. and Randan, and Cathol Roe O Connor razed three Castles of the Earl of Vlster's in Connaught. In November following the English under Roger Mortimer, 1315. had another Battle with the Scots at Kenlis in Meath, and were routed with great Slaughter, by the Treachery of the Lacies: Hereupon Bruce burned Kenlis, Granard, Finagh, and Newcastle, and came to Loghsendy, where he kept his Christmas, and afterwards also burnt it; thence he marched through the County of Kildare, unto Rathingan, Kildare, Castledermond, Athy, Raban and Sketheris, where the Lord Justice (accompanied by the Lord John Fitz-Thomas and many others) encountered him on the 26th. of January, and was defeated, by reason of some unhappy Feuds and Misunderstandings in the English Army. Hereupon, the Irish of Munster and Leinster risen in Rebellion, and the Birns Tools and Moors burned the Country from Arclow to Leix; but the Lord Justice gave them a Rebuke, and brought fourscore of their Heads to the Castle of Dublin. Ireland being in so tottering a condition, the King sent Sir John Hotham over again, to take the Oaths and Hostages of the Nobility and Gentry that still remained loyal; which was accordingly performed by the Lord John Fitz-Thomas, afterwards Earl of Kildare, Cambd. 171. Richard de Clare, Maurice, afterwards Earl of Desmond, Thomas Fitz-John Poer, Arnold le Poer, Febr. 4. Maurice Rochfort, David and Miles de la Roch, and many others. 1315. And now both Armies were early abroad; The Scots having burnt the Castle and Church of Ley, did on the 14th. of February rendezvouz at Geashil, as the English did the same day at Kildare: But the Scots, for want of Provision, were forced to return to Ulster; nevertheless, in their way they took Northburgh Castle, and then sat down in their Quarters, to that degree of quietness, that Bruce kept Court, and held Pleas there, as if it were in times of the most profound Peace; For the English Army had work enough nearer home, and therefore the Lord Justice (on the Scots retreat) did likewise return to Dublin, and there summoned a Parliament or general Assembly, which reconciled some great Men then at odds, cleared Walter Lacie of the Treachery imputed to him, and established the Measures of carrying on the War. And it was wisely done to begin with the Moroughs, Tools, and other Mountaineers of the County of Wicklow, because they daily infested the City of Dublin, and had destroyed both the Town and Country of Wicklow; and because the Army was not strong enough to secure the City, and at the same time to pursue the Scots, 1316. the Success justified their Conduct; for in April the Tories were defeated. However, the Scots were not so much neglected, but that the Lord Thomas Mandevil was appointed to have an eye to them; but he could but skirmish with them; which he did valiantly, Camb. 172. and killed Thirty Scots in one Encounter, and was himself slain in another. But Bruce came over with fresh Supplies from Scotland, and so despised the small force of the English, that in May he caused himself to be Crowned King at Dundalk, 1316. and thereupon grew so insolent, that he spared neither Churches nor Abbeys; Women or Children found no Mercy at his hands; but on the contrary, he destroyed all that opposed him, or that belonged to the English, and he burnt great part of the Country, as the Irish did the Church of Athird. It was high time to encourage the English to their defence, and the defence of the Kingdom; and therefore, as well to reward for Services past, 1316. as to engage them for the time to come, Selden 838. says Kildare's Patent is the ancientest Form of Creation he had seen. the Lord Justice was made Earl of Carrick, and John Fitz-Thomas was made Earl of Kildare, May 14. 9 Ed. 2. and others received other Favours from the King: The Burks and Geraldines were reconciled, and every one (in his station) set himself manfully to the preservation of the Kingdom. Richard de Clare and Bremingham had the better of the Irish in Connaught, and slew many of them, and about Whitsuntide made a Sally into Munster, and killed three hundred Irish there; and the Lord Justice was not less active in Leinster; for he defeated O Morrough at baly lethan, and made a great Slaughter of the Rebels at Tristle Dermond, and slew about four hundred of the Irish of Omayle. There is a Writ in Mr. Prin's Animadversions on the 4th. Institute, Prin, 261. too long to be here recited; whereby it appears, That an Englishman was punishable by Death, for Killing, Burning, Theft or Robbery, committed against an Englishman; but an Irishman was only punishable at the discretion of the Brehon for Theft or Robbery of an Englishman; but that in time the chief Governors did commute the punishment of any Felony (even Murder of an Englishman) for Money; and thereby Witnesses were discouraged to testify the Truth, lest the surviving Felon might revenge it: Therefore the Writ requires to assemble the Lords and COMMONS to advise, etc. In the same Writ is mentioned, that the Irish petitioned for an Annual Parliament; and because it is certain there were not Parliaments every year, even in this King's Reign, Prin, 263. Mr. Prin conceives, that my Lord Cook mistook that Petition, for an Order for an Irish Annual Parliament, which he says, was at this time made; but the Manuscripts M. and GGG. at Lambeth, 4 Insl. 350. do agree with my Lord Cook, that there was such an Order. But let us return to Bruce, who on Midsummer-Day summoned Carigfergus; and though eight Ships were sent thither from Tredagh, yet the Garrison were reduced to the extremity of eating Leather, and of feeding on eight Scots, who were their Prisoners; and so were at length forced by Famine to surrender in the latter end of August. Nor did better News come from Connaught, where O Connor defeated a Party of the English, and slew the Lord Stephen of Exester, Miles Cogan, and eighty of the Barryes' and Lawleys. But this Misfortune was not long unrevenged, Frag. 6. for on the fourth Day of August, William de Burgo and Richard de Bremingham, encountered Fylemy O Connor, King of Connaught, and a numerous Army of Irish, near Athenry, with prodigious Success, for they slew the King of Connaught and eight thousand of his Men: Aug. 1316. The Valour of Hussy, a Butcher of Athenry, was very remarkable on this Occasion, for he fought with O Kelly and his Squire together, and slew them both; for which he was knighted, and is Ancestor of the reputed Barons of Galtrim. They say Athenry was walled with the Plunder of this Battle, Cambd. 172. and that the brave Brimingham was made Baron of Athenry for this noble Service; and his Heir is now the first Baron in Ireland. About the same time, viz. in August, 1316. O Hanlon came for Contribution to Dundalk; but the Townsmen (under Robert Verdon, who lost his Life in the Service) entertained them so valiantly, that O Hanlon was forced to leave two hundred of his Followers behind him. About the end of August died the Noble Earl of Kildare, Ibid. 173. and was succeeded by his Son Thomas. On the fourteenth of September, Ibid. Burk and Briminghan got another Victory in Conaught, and slew five hundred Irish, and their Captains Connor and the Mac Kelly; and in the latter end of October, John Loggan and Hugh Bisset, routed the Scots in Ulster, and slew one hundred with double Armour, and two hundred with single Armour, besides many of their naked Followers, and sent Prisoners to Dublin Sir allen Stewart, Sir John Sandale, Ibid. and other Scotchmen. In December the Lacies procured themselves to be Indicted and Acquitted of introducing the Scots into Ireland, and then had the King's Charter of Pardon; Ibid. whereupon they renewed their Oath of Fealty, and took the Sacrament to corroborate the same. The Scots (being joined with the Irish of Ulster) gathered a numerous Army, computed to be near twenty thousand Men; and in Lent they marched as far as Slain, destroying the Country as they went. The Earl of Ulster was then at S. Marry Abbey near Dublin, but some Misunderstanding happening between him and the Citizens, 1316. Robert Nottingham, than Mayor of Dublin, caused the Earl to be imprisoned in the Castle of Dublin, and in the Fray seven of the Earl's Servants were slain, and the Abbey was spoiled, and some of it burned. Hereupon Bruce marched toward Dublin, Febr. 24. and took the Castle of Knock, and the Lord Hugh Tyrrel in it, who with his Wife, were afterwards ransomed for a piece of Mony. The Dublinians burned the Suburbs to secure the City, some Churches were destroyed in this Hurry, and the Cathedral of S. Patrick's did not escape: But Bruce understanding the City was well walled, and that the Citizens resolved to defend it, he turned aside to the Naas, being conducted and advised by Lacie, notwithstanding his aforesaid Oath. At the Naas they stayed two Days, spoiled the Churches, opened the Tombs to search for Treasure, and at last burnt the Town, and thence marched to Castledermot, Gauran and Callan, destroying the Country as they went. And what better could be expected, when the King's Authority was so little regarded in Ireland, that his Writ (to bail the Earl of Ulster) was disobeyed by the Mayor of Dublin. Some of the Vlster-Men pretended an Aversion against the Scots, Camb. 174. and desired Aid and Commission from the King; they had the Commission at last, and the King's Standard was delivered to them, but they did more harm with it than the Scots had done; they so behaved themselves (if you believe my Author) that they purchased the Curse of God and Man. Bruce marched near Limerick, to Kenlis in Ossory, and about Palmsunday he came to Cashel, and thence marched to Nenagh, wasting all the Lord Justice's Estate in the Counties of Kilkenny and Typerary. In the mean time, the English Lords were Assembled at Kilkenny, Davis, 169. says Desmond was General. and had gathered a numerous Army, consisting (of all sorts) of thirty thousand Men, and under the Conduct of the Lord Justice and Earl of Kildare, designed to pursue the Scots; 1317. when on Thursday in Easter-week there arrived at Youghal Roger Mortimer Lord Justice, cum triginta & octo Militibus; who immediately sent word to the English Generals, not to fight till he came; but Bruce (upon notice of his Arrival) marched toward Kildare, and so to Naas; and tho' he lurked almost a week in the Woods near Trim, to refresh his Men, yet afterwards he made such haste, that in the beginning of May he got into Ulster. The Lord Justice (seeing Bruce had retreated) suffered his voluntary Army, which the Irish call (a rising out) to return to their own homes, the better to refresh themselves, till a new Summons, and went himself to Dublin, and with the Lord Wogan, Sir Fulk Warren, and thirty Knights more, he held a Parliament at Kilmainham; where the deliverance of the Earl of Ulster was the chief thing treated of; and it was at last effected at a second Meeting of the Parliament about Whitsuntide; Prin, 263. that Earl first taking an Oath on the Sacrament, neither by himself, his Friends or Followers, to grieve those of Dublin for his Apprehension. To all these Misfortunes was added that of a prodigious Dearth; Wheat was sold for three and twenty Shillings the Cronoge, Lib. P. Lambeth. Oats six Shillings, and Wine eighteen pence a Quart, and other things proportionably; so that many died for want. The Lord Justice, 1317. about Whitsuntide, marched to Tredagh, and thence to Trim; and sent for the Lacies, who not only refused to come, but murdered the worthy Messenger Sir Hugh Crofts; but the Lord Justice soon revenged that Affront; for he wasted the Lands, and seized on the Goods of the Lacies, slew many of their Men, and drove themselves into Connaught, and proclaimed them Traitors, and so returned to Dublin by the way of Tredagh. The Lord Justice had now leisure to assail O Fervil, Cambd. whom he soon forced to submit; as did also soon after O Birne, tho' not till there was ●irst a Battle between the Lord Justice and the Irish of Omayle, wherein the Irish were worsted. In October the Archbales (or Aspoles) submitted to the Earl of Kildare, and gave Hostages of their good Behaviour; and in February Sir Hugh Canon, Chief Justice of the Court of Common Pleas was murdered by Andrew Brimingham, between the Naas and Castlemartin. The Pope by his Bulls commanded a two years' Truce betwixt the English and Scots; but Bruce (whose Quarters probably were so destroyed, that they could not afford him subsistence) refused to consent thereunto. For about this time the Irish of Ulster were reduced to so great want, that they took dead Folk out of their Graves, Cambden. and boiled their Flesh in their Skulls; so that by reason of Famine and Sickness, there escaped but three hundred of ten thousand men which were in Arms; which my Author says was a Judgement on them, for eating Flesh in Lent, and other Wickednesses. Not were the Men of Connaught in a mnch better condition; for there happened a Feud between two of the Irish Princes there, which occasioned the Slaughter of four thousand of their Followers. On Shrove-Sunday the Lord Justice kept a great Feast in the Castle of Dublin, and dubbed John Mortimer and four others Knights. After Easter, the Lord Justice received Command to repair to the King; but before he went, he had the bad News that the Lord Richard de Clare, Sir Henry Capel, Sir Thomas de Naas, 1318. and two of the Cantons, and fourscore others were slain by O Bryan and Macarthy, on the 5th of May. This Lord Justice caused John de Lacie to be pressed to Death at Trim, because he would not plead to the Indictment against him; and then (a Month after Easter) he went for England, being a thousand pound in debt to the Citizens of Dublin; and he left in his room William Fitz-John, 1318. Archbishop of Cashel, Governor of Ireland; in whose time, great Plenty was again in that Kingdom, and (which was very strange) new Bread was to be had on St. James' Day, which was made of New Wheat of the same years growth. Alexander Bicknor, who was confirmed Archbishop of Dublin, was also sent over Lord Justice: He landed at Youghal the 7th of October, and soon after, Bruce, with about three thousand Men came to the Fagher, within two Miles of Dundalk: The Lord John Brimingham, whom the Justice made General, with many brave Captains, and one thousand three hundred and twenty four good Soldiers, marched from Dublin to encounter him, Cambd. 178. and they managed the Conflict so valiantly, that they slew Bruce and two thousand of his Men, On Calix●us Day. and the General carried his Head to the King, and was therefore made Earl of Louth, and had twenty pound per annum, Selden Titles of Honour. Creation-Money, and the Manor of Athird granted to him: Et sic per dextram Dei, & manus communis Populi liberatur populus Dei à servitute machinata & praecogitata; Lib. rub. Scac. Dub. and so ended the Scotch Government in Ireland. It is observable, that the Primate of Armagb was at this Battle, and came purposely to absolve, bless and encourage the Royalists; and it ought not to be forgot, that a valiant Captain John Maupas was so resolute to destroy the usurping Prince, that he rushed into the Battle with that Design, and was after the Fight, found dead, stretched on the dead Body of Bruce. Roger Mortimer, 1319. Lord Justice, returned from England, and about Allhallontide, the Pope sent over Bulls to excommunicate Bruce at every Mass: The Towns of Atheisel and Plebs were burnt by John Fitz-Thomas Nappagh, and the Bridges of Leighlin and Kilcullen, were in this, or the following year, built by Maurice Jake, Cannon of Kildare; but it was not long before the Lord Justice made another Voyage to England, and left in his room, Thomas Fitz-John Fitz-Girald, 1320. Earl of Kildare, in whose time Bicknor, Archbishop of Dublin, obtained Bulls from Pope John 22th. to erect an University at Dublin, and St. Patrick's Church was appointed to be the public place of their Exercise, and it is observable that the King granted to this Earl of Kildare, Lib. GGG. Quod possit recipere ad Legem Angliae omnes homines Hibernos Tenentes suos qui ad eandem venire voluerunt. Nor must it be forgotten, 1319. That Pope John the 22th did by his Bull (12 Ed. 2.) acquit and discharge the Crown of England from the Tribute or Peter● pence, Lib. ZZ. Lameth. claimed by the Holy See, out of the Kingdoms of England and Ireland. On the Ninth Day of May 1321. the People of Leinster and Meath gave a great Overthrow to the O Connors at Balibogan, Frag. 7. and the Earl of Carrick died about the same time at London, and was buried at Gauran, not far from Kilkenny, and not long after, John Bermingham, 1321. Earl of Louth, was made Lord Justice. Rex concessit Johanni Comiti Louth Officium Justiciarii Regis Hibern. cum Castris & aliis Pertinentiis, 14 Ed. 2 par. 2. Pat. in Tur. Lond. durante beneplacito, Percipiendum per annum ad Scaccarium Regis Dublin 500 Marcas, pro quibus Officium illud & Terram custodiet, & erit ipse unus de viginti hominibus ad Arma cum tot equis coopertis continue durante custodio supradict. The King on the Third of April, 1322. in the 15th Year of his Reign, wrote to the Lord Justice, to meet him at Carlisle in Octab. Trin. following, with three hundred Men at Arms, a thousand Hoblers, and six thousand Footmen, armed with a Keton, Lib. Lambeth. a Salad, and Gloves of mail, to serve against the Scots, besides three hundred Men at Arms, which Richard de Burgo Earl of Ulster, had, for his own share, undertaken to conduct; and though the English suffered a Defeat by O Nolan, so that Andrew Birmingham, Nicholas de London, and many others were slain, and though the Lord Justice lost his Son Richard, Lord of Athenry, who died about this time; yet all this did not hinder him from attending the King; but he left in his place Ralph de Gorges, Lord Deputy, or Governor, who continued so until the Second Day of February 1323. and then he was superseded by Sir John Darcy, 1323. Lord Justice; in whose time Philip Talon and his Son, Fragm. 7. and eight and twenty others were killed by Edmond Butler, Rector of Tillagh; and amongst the Records in the Tower of London, Anno 15. E. 2. This notable Memorandum is to be found, viz. In Abbathia Melifontis talis inolevit Error, Lib. GGG. quod nullus ibi admittatur in domum praedictam, nisi primitus facta fide quod Non sit de genere Anglorum. About this time Sir Henry Traherne took Mac Morough, and killed O Nolan and four and twenty of his Followers. It seems the King was mu●h in the Favour of Pope John the twenty second; for besides the aforesaid Release of the Peterpences, the Pope did this Year (16 Edw. 2.) impose a Disme on the Irish Clergy for two Years, Lib. GGG. payable to the King, and commanded the Dean and Chapter of Dublin to levy it; but the Prelates and Clergy refused to pay it to them, unless they would show the Original Bull. But on the the twenty fourth of November, Vide postea, ad annum 1344. at Nottingham, the King, by assent of his Council, made and published most excellent Ordinances for the Reformation of Ireland; Pryn. 264. which are to be found at large in Mr. pryn's Animadversions on the fourth Institutes, and are to this effect: I. That no Officer of the Kings in Ireland, (whilst in Office) shall purchase Lands or Tenements within their Jurisdiction, on Pain of forfeiting the same. II. That no Man by colour of his Office, take Victuals or any other thing, without the consent of the Party, unless in case of Necessity for the Public (and then he must have the Advice of the greatest of the Council, and a Writ out of the Chancery) or unless he have the King's Letters, or an Order from the Chancery of England. III. That the Exportation of Corn to England or Wales be not hindered, the Party paying the usual Customs, be he Native or Stranger, and giving Security not to carry it to our Enemies. iv That the Lord Justice take but four Pence for the Seal, and two Pence for the writing of a Bill of Grace; and that the Marshal take but four Pence for a Commitment. V. No Protections or Pardons to be granted to Felons, without special Order under one of the Seals of England. VI No Writs to be obeyed except such as are under the great Seal, or the Seal of the Exchequer, if the matter concerns that Court. Lastly, That the Lord Justice shall not adjourn Assizes before him, unless he be present in the same County, nor for any longer time than he continues there. And at the same time a Writ issued to the Chancellor of Ireland, Ibid. 26●. to Publish, Enrol and Observe the aforesaid Ordinances; and to send the Exemplifications of them to the rest of the Courts. By reason of the fourteen Years Truce the King had made with the Scots, 1325. there was not much other Disturbance in Ireland, than what was occasioned by private Murders: Walter de Valle and his Son were slain near Nenagh, and the Lord John Barry of Hely (a very stout Man) was murdered by the O Kerals; and therefore to fill up this Space, I will insert the Famous, or rather foolish Story of Alice Kettle, in the Words of my Author. In those Days lived in the Diocese of Ossory, Holingshead, 69. the Lady Alice Kettle, whom the Bishop ascited to purge herself of the Fame of Enchantments and Witchcraft, imposed unto her, and to one Petronil and Basil her Complices: She was charged to have nightly Conference with a Spirit called Robin Artisson, to whom she sacrificed in the Highway nine red Cocks and nine Peacock's Eyes: Also that she swept the Streets of Kilkenny, between Complin and Twilight, raking all the Filth towards the Doors of her Son William Outlaw, murmuring and muttering secretly with herself these Words; To the House of William my Son, High all the Wealth of Kilkenny Town. At the first Conviction they abjured and did Penance; but shortly after they were found in Relapse, and then was Petronil burnt at Kilkenny, the other twain might not be heard of; she at the Hour of her Death accused the said William, as privy to their Sorceries; whom the Bishop held in Durance nine Weeks, forbidding his Keepers to eat or drink with him, or to speak to him more than once in the Day; but at length, through the Suit and Instance of Arnold le Pour, than Seneschal of Kilkenny, he was delivered; and afterwards he corrupted with Bribes the Seneschal to persecute the Bishop, so that he thrust him into Prison for three Months. In rifling the Closet of the Lady, they found a Wafer of Sacramental Bread, having the Devil's Name stamped thereon: And a Pipe of Ointment, wherewith she greased a Staff, upon which she ambled and galloped through thick and thin, when and in what manner she listed. This Business about these Witches troubled all the State of Ireland the more, for that the Lady was supported by certain of the Nobility; and lastly conveyed into England, since which Time it could never be understood what became of her. At Whitsuntide, 1326. the Parliament met at Kilkenny, and thither the Earl of Ulster and most of the Nobility came; what they did does not appear, Lib. GGG. saving that five thousand Quarters of Corn were sent out of Ireland to Aquitain, for the King's use about this time; and it is probable they raised Money to pay for it. Cambden tells us, That the Earl of Ulster made a great Feast, at this Parliament, and that not long after he died. But we must make a step to England before we can come to an end of this Unfortunate Reign; and there we shall find the King (for his Male administration) in Disgrace with his People; and which was worse, reduced under the Power and Scorn of an Adulterous Wife; the consequence of these things was, That he was first imprisoned, and afterwards murdered in Berkly- Castle. In this King's Reign flourished the famous Irish Philosop, Johannes Dunus Scotus, commonly styled Doctor subtilis: And it was in the same Reign that the Lord Mortimer, Owner to Proprietor of Leix (now Queens County) being obliged by his Inclination or Business to reside in England, did entrust one of the Omores with the management of his Estate; but, in process of time, the Irishman sets up for himself, and for a long time enjoyed that Country, and still pretends a Right to it, although his Claim is built on this perfidious and ungrateful Foundation. Davis, 198, 175. In like manner did one of the Cavenaghs serve Carew, about the Barony of Idrone; and if I thought that no Body else would ever be served so hereafter, I would have omitted this Remark. In those Days there was small Respect paid to the Sabbath, Fragm. M. S. 4. in Ireland, for the Markets were in several Places kept on Sundays; but at Carlow the Market was (about this time) changed to another Day. In England the sixth Penny of the Goods of Laymen, Baker, 117. through England, Ireland and Wales, was granted to the King, but how it was levied here, non constat. It appears by the Writ mentioned (Pryn, 263.) that the denized Irish would not punish Felony with Death, and therefore that Writ enjoins them that are, 14 Edw. 2. and them that shall be denized for the future, to submit to the English Laws in that particular; which confirms my former Observation, That the Irish were fond of the Benefit of the English Laws, but were very averse from the Penalties of them. And by another Writ (recited, Pryn, 263.) it appears, That Common Pleas were held before the chief Governor; and because the Parties were poor, and could not prosecute their Writ of Error in England, according to Law, the King did authorise the new Governor to examine the former Judgement, and to reverse it, if he found just cause, etc. And lastly, we find a Writ, which was sent to John Earl of Louth, Pryn, 264. whilst he was Lord Justice, authorising him to remove all such insufficient Persons, as his Predecessor Mortimer had put into Office in that Kingdom, which is a notable Precedent, worthy Imitation in all Places and Ages. THE REIGN OF EDWARD III. King of England, etc. And LORD of IRELAND. EDWARD the Third (upon the Resignation of his Father) was proclaimed King the twenty fifth day of January 1327. and Crowned the first day of February following; 1327. and (being but fifteen years old) had twelve Governors of him and the Kingdom, appointed; but they were but cyphers, and only had the bare Name of Governors, whilst Mortimer and the Queen-Mother usurped and exercised the Power: As for Ireland, Thomas Fitz-John, Earl of Kildare, was made Lord Justice, and Letters were sent to the Great Men of Ireland, by Name, to swear Fealty to the new King, and to continue their Loyalty as they had done to his Predecessors: And in his Time Adam Duff (of the Family of O Toole, in the County of Wicklow) was burnt at Hoggin-Green in Dublin, for Heresy, or rather for most horrid Blasphemy; for he denied the Trinity, and the Incarnation of our Blessed Saviour, etc. And because it may be pleasant and useful to a curious Reader, Lib. H. Lambeth. I will give you a short Account of the Great Officers and others of Ireland, and their Salaries, as they were 1 Ed. 3. Earl of Kildare, Lord Justice, 500 Lib. Roger Outlaw, Chancellor, 040 Lib. Elias de Ashborne, Justice for holding Pleas before the Justice and Council of Ireland, 040 Lib. Roger de Werthorp, Justice Itinerant, 040 Mar. A Second Justice Itinerant,— Nicholas Falstoff, Chief Justice of the Bench, 040 Lib. John de Granset, Second Justice, 040 Mar. Roger de Preston, Third Justice,— John Battalk, Custos Brevium & Rot. de Banc. 005 Lib. John Garnon, Narrator Domini Regis, 005 Lib. Simon Fitz-Richard, Secundus Narrator, 005 Mar. Richard Mayning, King's Sergeant, 005 Mar. Robert Poer, Treasurer, 040 Lib. Thomas de Monte Pessulano, Chancellor of the Exchequer, 010 Lib. Roger de Birthorp, Chief Baron, 010 Lib. The Second Baron, 010 Lib. Two Chamberlains of Exchequer, 010 Lib. Remembrancer, 010 Lib. A Summoner, 004 Mar. Two Engrossers of the Rolls in Termtime five pence per diem. The Treasurer's Clerk, five pence per diem whilst the Exchequer is open. Usher of the Chequer three half pence per diem. A Chaplain of the Castle, fifty Shillings per annum. For Wax, two Shillings. Note, a pound of Wax cost nine pence. It was a common thing for the Great Men of Ireland (as well Irish as English) upon private Quarrels to make War one with another, and sometimes upon very slight occasions; an Instance whereof happened at this time; Fragm. 8. for Maurice Fitz-Thomas (afterwards Earl of Desmond) being disgusted with the Lord Arnold Poer, for calling him Rhymer, did associate with the Butlers and Birminghams' (as Poer did with the Burks) and began a War, Davis 134. says it was Kildare. that had like to have been fatal to the Burks and the Poers; many of them were slain, and more of them driven into Connaught, and their Lands were burnt and preyed. In vain did the Lord Justice interpose in this bloody Quarrel; he appointed a Day to hear both Parties; but the Lord Arnold Poer was so far from attending the issue of such a Meeting (as well knowing that he was the first Aggressor, and therefore the unlucky Causer of all those Calamities and Desolations that ensued) that he fled to Waterford, and thence into England. The Army of the Fitzgiralds and their Confederates, was mightily increased, in expectation of a greater resistance than they found; but assoon as they understood that Poer was fled, they executed their Revenge upon the Lands of their Enemies, which had been to that time left undestroyed. Cambden, 181 They grew so formidable, even to the Cities and Towns, that they fortified and provided against them; but upon notice of this, the Confederates immediately sent word to the Lord Justice, that they designed no prejudice to the King or his Towns; but had assembled, to revenge themselves of their Enemies, and that they were ready to appear before him at Kilkenny, to clear themselves. And accordingly in Lent, they did meet at Kilkenny with the Lord Justice and the King's Council, 1327. and humbly craved a Charter of Peace or Pardon; whereon the Lord Justice took time to advise. But the Irish of Leinster hoped to advantage themselves of these Commotions; and therefore set up Donald Mac Art, Mac Morough (of the Family of Mac Morough, formerly Kings of Leinster) for their King: It seems he led his Army within two Miles of Dublin; but he was defeated, and taken Prisoner by Sir Henry Traherne and Walter de Valle, who had one hundred and ten pounds' reward for their pains, and many of the Irish were slain; but Mac Morough (in January 1329.) escaped out of the Castle of Dublin, by help of a Rope, sent him by Adam Nangle; for which Fact Nangle was afterwards condemned and hanged: In the mean time the Lord Justice died at Minooth on Easter-Tuesday; and, Roger Outlaw, Prior of Kilmainham, Lord Chancellor, was made Lord Justice; in whose time, David O Tool, a strong Thief, who had been taken Prisoner by the Lord John Wellesly the Lent before, was this Summer condemned, and executed at Dublin. At this time, in the Second Year of this Reign, the Noble James Butler married the Earl of Hereford's Daughter, Bak● which he had by Elizabeth, the Seventh Daughter of K. Edw. the First, and was at the Parliament at Northampton, Created Earl of Ormond; And yet I have seen a Patent Dated 6 Edw. 3. Lib. G. Lambeth. and exemplified 38 Edw. 3. Whereby James Butler is Created Earl of Ormond, and Ten Pound per annum out of the Fee-Farm of Waterford, granted to him for Creation-Money. And now the Lord William Burk and Arnold Poer returned into Ireland, and a Parliament was called at Dublin, to complete the Reconciliation between them on the one side, and the Butlers, Geraldines and Birminghams' on the other; which, it seems, was begun at the aforesaid Parliament at Northampton, and now effected at this Parliament in Ireland: Whereupon, the Earl of Ulster made a great Feast in the Castle of Dublin, and the next day after, the Lord Maurice Fitz-Thomas did the like at St. Patricks-Church, although it was in the time of Lent. But a strange Accident fell out at this Parliament; for the Lord Justice was forced to purge himself of Heresy, Camb. 182. which the Bishop of Ossory laid to his Charge, because he had abetted one Sir Arnold Poer, whom the Bishop had condemned of certain Heretical Opinions; But the Lord Justice made appear, that the Bishops Proceed were partial and unjust, in favour of a Kinsman of the Bishops, who began the Quarrel with Poer; and that therefore he (the Justice) supported the Cause of the Oppressed; and so, after a very solemn Purgation, the Lord Justice was acquitted, and declared a true Son of the Church; whereupon, he made a great Feast for all Comers. Nevertheless, the unfortunate Poer (who had been taken by the King's Writ De Excommunicato capiendo, grounded on the Bishop's Certificate) died in Prison, before this Matter was fully adjusted, and his Carcase was a long time kept above ground and unburied, because he died unassoiled. Sir John Darcy, 1329. Lord Justice, in whose time Macoghegan of Meath, and other Irishmen of Leinster, O Bryan of Thomond, and his Confederates in Munster, broke out into Rebellion; and yet this common Calamity could not unite the English, although their own Experience had taught them (and frequent Instances have convinced the succeeding Ages since) that the English never suffered any great Loss or Calamity in Ireland, but by Civil Dissensions and Disagreement amongst themselves: June 10. 1329. when the Earl of Louth, and many other of the Birminghams', Talbot of Malahide, and an hundred and sixty Englishmen were murdered by the Treachery of their own Countrymen the Savages, Davis, 135. Gernons, etc. at Balibragan in Vrgile; and when the Barryes' and Roches in Munster did as much for James Fitz-Robert Keating, the Lord Philip Hodnet, Fragm. 10. and Hugh Condon, with an hundred and forty of their Followers; what wonder is it if Macoghegan defeated the Lord Thomas Butler and others, August 8. near Molingar, to their loss of an hundred and forty of their Men? Or if Sir Simon Genevil lost seventy six of his Soldiers in Carbry in the County of Kildare; or if Brian O Bryan ravaged over all the Country, and burned the Towns of Athessel and Typerary. However, Holingsh. 70. the Irish grew so Insolent and Outrageous, upon these small Victories, that they shown but little regard to God or Man. In the Church of Freinston they found about fourscore People at their Devotions; Cambden ad annum it seems the miserable Wretches (well acquainted with the cruelty of these ungovernable Soldiers) did not expect to escape their Fury, 1331. and therefore made it their only Petition, to save the Life of the Priest▪ Lib. P. Lamb. but these Ruffians were deaf to all Supplications for Mercy, the Priest was the first Man they wounded, and after they had spurned the Host with their Feet, they completed their Sacrilege by burning the Church, Priest, People and all. Nor did they regard the Ecclesiastical Censures, nor the Pope's Interdict, which afterwards issued against them; on the contrary, in all their Actions they manifested an entire contempt both of Ethics and Christianity, so that one would think the Poet prophesied of these Men, when he said, Nulla fides pietasve viris qui castra sequuntur. But Pride will have a fall, and Providence will certainly triumph over the Wickedness of Men, in a proper Season, and commonly Methods unexpected, whereof this unruly Multitude is one Instance: For the Men of Wexford (by their imminent Ruin rendered desperate) entertained a Skirmish with this formidable Rabble, Cambd. 185. and had the good Luck to kill four hundred of them, and the rest surprised with a panic Fear on this unexpected Defeat, ran away in such a confused and huddling manner, that most of them were drowned in the River Slain, and have left a just Occasion for this true Remark, That huffing and insolent Men are always Cowards; and if this be true any where in the World, it is true in Ireland. Camb. 183. Sir Philip Stanton had the ill Luck to be slain by the Irish, and Sir Henry Traherne (by the Means of Onolan) was surprised in his own House at Kilbeg: But in Revenge of it, the Earl of Ormond burnt Foghird in Onolan's Country; and the Lord Justice prosecuted the O Birnes so effectually, that after the Slaughter of some of the best of them, they were forced to submit. But the Lord Justice finding himself too weak to deal with such a vast number of Rebels, as were now in Arms in all parts of the Kingdom, he invited Maurice (afterwards Earl of Desmond) to take the Field, and promised him the King's Pay: January, 1329 Maurice came accordingly, with a very considerable Army, Fragment, 9 and advanced against the Onolans, he routed them, and burned their Country, so that they were forced to submit and give Hostages: He did the like to the O Morroughs, and took the Castle of Ley from the O Demps●es. But the Lord Justice was not abl● to pay so great an Army, (being near ten thousand Men) 〈◊〉 therefore he was fain to connive at their extorting Coin an● Livery, which now was first practised by the English: But the Irish had used that barbarous Oppression long before. (and perhaps from the beginning) as appears by the fourth Constitution of the Synod of Cashel, Ante pag. 23. I have seen the Copy of a Patent, Lib. CCC. dated March 1. 3. Edw. 3. Lambeth. constituting the Earl of Ormond Lord Lieutenant of Ireland; but I find nothing more of it any where else: But the same Year Typerary was made a Palatinate. The Irish had again petitioned the King for a general Liberty to use the English Laws; Davis, 103. whereupon the King sent a Writ to the Lord Justice▪ 22 Aug. to consult the Parliament in Ireland, 2 Edw. 3. and to advise him of their Opinions in that Matter. And by another Writ of the same Date, the King order the Justice and the Chancellor to supervise the Exchequer twice every Year. And it seems there was also a Parliament at Dublin, this Year, Prin, 266. wherein it was ordained, That the King's Peace should be fully kept, and that every Nobleman and Chieftain should keep in his own Sept. Retinue and Servants. Roger Outlaw, Prior of Kilmainham, was made Lord Deputy, 1330. and kept the Kingdom quiet ' all the Summer, and the Winter was so stormy and wet, that nothing could be done till January; and then the Macoghegans began to be troublesome again in Meath; but the Earls of Ulster and Ormond gave them a Defeat near Loghynerthy, about Lent, whereupon they were so enraged that they burned fifteen Villages; but they paid for it in another Skirmish, wherein three Irish Lords Sons, and one hundred of their Followers were slain. This Year a Parliament was holden at Kilkenny, Pryn, 267. at which were present Alexander Archbishop of Dublin, the Earls of Ulster and Ormond, the Lord William Birmingham, and the Lord Walter Burk of Connaught, and each of these brought a considerable Power with him, to pursue O Brian, and expel him from Vrkiffe near Cashil. It seems this great Army marched to Limerick, and that the Burks▪ did prey some of the Giraldines Lands, in their March; whereupon such Feuds arose between those Families, that the Lord Justice was necessitated to confine the Earl of Ulster and Maurice of Desmond, to the Custody of the Marshal at Limerick; but Maurice quickly found means to escape, and thereupon 'tis probable the Earl was also enlarged: It seems that both of them went to England. But what became of this mutinous Army, Frag. 9 I find no mention, save that an anonymous Author reports, Quod nihil perfecerunt. But the next Year was more propitious, 1331. for on the twenty first of April the English gave the Irish an Overthrow in O Kens●le: And in May the English at Thurles defeated O Brian, and slew many of his Followers: And about the same time O Tool came to Tullagh, and rob the Archbishop of Dublin, took three hundred of his Sheep, and killed some of his Servants: Upon notice of it Sir Philip Britt and others sallied out of Dublin; but they were too forward and careless, so that they fell into an Ambush in Culiagh, and were most of them slain; whereupon the Irish were elevated to that degree, Cambd. 184. that they attacked the Castle of Arklow, and took it; but the Lord Birmingham with a smart Party undertook them, and mortified them to the lowest degree of Submission, and might have ruined them, if he had not trusted to their false Promises. Sir Anthony Luey, 3 June, 1331. a Man of great Authority in England, was sent over Lord Justice; he brought with him the Lord Hugh de Lacie, who was now pardoned and in some Favour: He also brought the King's Letters to the Earl of Ulster, and others of the Nobility, to give their best assistance to him the Lord Justice. The Lord Justice designed by a severe Government to correct and reform the Distempers of those Times; but, alas, it was too great an Undertaking for one Man, and required more time than he had to spend in Ireland. However, his Government was auspicated with a Victory, which those of the English Pale (on the eleventh of June) obtained over the Irish at Finnagh in Meath. And though there was a great Dearth and Scarcity still continuing, yet it was somewhat moderated by the great Plenty of large Fishes called Thurlehides, sent by Providence into the Bay of Dublin, in a prodigious number, for the relief of the Poor. A Parliament was summoned to meet at Dublin at Midsummer (by which it is manifest, that they did not hitherto practise the formality of forty Days Summons); the Appearance was so thin, that the Parliament was adjourned to Kilkenny, to the seventh of July: And thither came Thomas Earl of Kildare, and others that were not at Dublin, and were freely pardoned what was past, being first sworn on the Holy Evangelists, and the Relics of the Saints, to Allegiance, and Preservation of the peace for the future: But in August the Lord Justice received the bad News, That the Irish had taken and burnt the Castle of Ferns: Whereupon he grew jealous, That some of those English Lords that absented themselves from the Parliament at Kilkenny, did underhand abet the Irish, or else they durst not so frequently rebel; and therefore he resolved to apprehend as many of them as he could get: And first, Henry Mandevil was, by Warrant from the Chief Justice, taken in September; and Maurice of Desmond (being arrested in Limerick, in the beginning of October) was by warrant from the Lord Justice and Council brought to Dublin; Walter Burk and his Brother were seized in November; and William and Walter Birmingham were secured in Clonmel, in February following, and afterwards sent to Dublin. It seems there was more than bare Suspicion in this Matter, for the Lord William Birmingham, who had often done good Service for his King and Country, was nevertheless executed the eleventh of July 1332. and his Son Walter had not escaped, but that he was in Orders; and Maurice of Desmond was likewise kept in Prison a Year and a half, and then discharged upon very great Bail, and sent into England, to the King. But let us look back to the third of March 1331. at which time the King and Parliament of England made Ordinances and Articles for the Reformation and Tranquillity of Ireland, and sent them thither, in haec verba. REX Justice. Pryn, 267. Canc. & Thes. suis Hibern. salutem: Mandamus vobis, quod articulos subscriptos, quos pro emendatione status Terrae nostrae Hiberniae, quiet & tranquilitate populi nostri ibidem, per advisamentum Concilii nostri in ultimo Parliamento nostro apud Westmon. tento ordinavimus in dicta Terra Hiberniae, quantum ad vos attinet, teneatis & observetis, & per alios fideles nostros dictae Terrae, teneri & observari faciatis: Tenor autem artic●●●orum praedictorum talis est. Imprimis. Justiciarius qui nunc est, vel pro tempore fuerit, non concedat Cartas Pardonationis de morte hominis, nec roberiis & incendiis aliquibus, nisi de roberiis & incendiis ante festum Paschae, anno regni Domini Edwardi Regis Angliae tertii post Conquestum quinto perpetratis: Et quod de caetero certificet Regem de nominibus hujusmodi Pardonationes petentium, & de avisamento suo & quod Rex faciat inde voluntatem suam, & quod nullus in Terra Hiberniae ex nunc faciat tales Pardonationes infra libertatem & extra, sub gravi forisfactura Domini Regi. Item. Quod dictus Justice. de caetero non concedat tuitionem pacis felonibus ad silvam existentibus. Item. Quod una & eadem lex fiat tam Hibernicis quam Anglicis; excepta servitute Betagiorum, penes Dominos suos eodem modo quo usitatum est in Anglia de Villanis. Item. Quod Justice. nec aliquis alius Minister de caetero det alicui custodiam vel maritagium alicujus haeredis ad regem pertinentis, nec pardonet debita Regis, seu fines, amerciamenta vel catalla forisfacta, sed quod Justiciarii & alii Ministri hujusmodi custodias & maritagia vendant, & aliud comodum Regis inde fac. juxta discretiones suas. Item. Quod Vic. & Coronatores de caetero eligantur per Communitates Comit. & non alio modo, & quod catalla forisfacta remaneant in custodia Villar. Item. Quod Justice. seu aliquis alius Minister, non recipiet aliquem magnatem in pleg▪ vel manucaptor. versus Dominum regem, nisi quatenus pro commodo Regis viderint faciendum. Item. Quod Justice. obsides pro conservatione pacis, sive liberatos in carceris Domini Regis fac. salvo custodire, ad sumptus suos proprios, & quod si ipsi qui posuerunt hujusmodi obsides, conditiones & conventiones quas fecerunt non observent, Justice. faciant Judicium de hujusmodi obsidibus. Item. Quod Justice. seu aliquis Magnus Hibern. non concedat protectiones alicui contra pacem Regis existent. Item. Quod nullus Minister Regis de caetero recipiatur in pleg. vel manucaptorem versus Dominum Regem. Item. Quod fines de vaccis de caetero pro redemptione non capiantur, sed denarii. Item. Quod Treuga capta & capienda inter Anglicos & Hibernicos de caetero observetur, & quod neutra pars damnum alteri durante hujusmodi Treuga inferat, & si fecerit pro felone habeatur. Item. Quod nullus ut lagatus in Gildabili receptetur infra libertates nec e converso, & inde fiat Ordinatio per Justice. & alios Ministros & Dominos libertatum. Item. Quod Vic. & alii Ministri computent quolibet anno semel ad minus si comode fieri poterit. Item. Quod Seneschallus alicujus Domini in Hibern. non ponatur in aliquo Officio Regis. Item. Quod Thes. vel aliquis alius Minister Regis ubi ipse intendere non potest supervideat quolibet anno castra Regis, & statum eorundem & quod emendare fac. defectus eorundem. Item. Quod vic. in Turnis quae faciunt de Brevibus Domini Regis ponant nomina sua ita quod quilibet Vic. de exitibus forisfacturis & aliis proficuis quae requiruntur sub nomine Vic. oneretur ad Scac. pro tempore suo proprio. Item. Quod extranei non assignentur Collectores Custumorum Regis, sed Burgenses, Villarum ubi tales Custumae colligi debent assignentur ad eas colligendas, & hoc fiat de potentioribus & discretiorbus. Item. Quod Justice. fac. inquirere quolibet anno de Ministris Domini Regis, & eorum factis, & quod puniat delinquentes pert concilium & avisamentum Canc. & Thes. & aliorum de concilio Regis, & amoveat insufficientes. Item. Quod nullus manuteneat neo ducat Kerns nec Gentes vocat Idle men, nisi in Marchis suis propriis, & ad custus eorundem, nec faciat prizas. Item. Quod omnes Ministri Regis qui tenentur ad computandum, & non habent Terras seu Tenementa sufficientia in Hibernia, invenient manucaptionem in Hibern. ad respondendum Regi de compotis suis ibidem. Item. Quod habentes Terras & Tenementa in Hibernia tam religiosi quam alii, praemuniantur quod resideant in iisdem si sint in Marchis vel alibi, vel ponent sufficientem Custodiam pro conservatione pacis in iisdem citra Fest. S. Petri ad vincula prox. futur. & si non fecerint quod Rex in eorum defectum Terras & Tenementa illa in manum suam capiet, & the sufficient custodia eorundem ordinabit. Item. Quod nullus cujuscunque status seu conditionis manutenea●, foveat nec defendat Hibernicos, seu alium quemcunque contra pacem Domini Regis insurgentem, & si aliquis sic fecerit, & inde convictus fuerit, pro Felone habebitur, etc. And at the same time the King sent another Writ, Prin, 269. commanding them to observe the Law of England in case of wardships, without regard to the Custom or Usage of Ireland. In July the Irish razed the Castle of Bunratty to the ground, but in lieu of that, 1332. the English (on the 8th of August) took the Castle of Arcklow, and re-edified it: They had also the good fortune to defeat the O Bryans, Mac Carthyes, and other Irish in Munster, and to kill a great many of their Men, and they also took the Castle of Coolmore. The Irish Hostages that were kept at Limerick and Nenagh, made notable Attempts to surprise and seize both those Castles; and they pursued the Project so far, as to get both of them into their possession; but the English were resolved to regain them; which they performed in a very short time, and the Hostages at Limerick, were put to death for their Treachery, and those at Nenagh, were still kept in durance. But the O Tools of Leinster made a more successful Attempt on the Town of Newcastle in the County of Wicklow; for they not only took it, but also burned it. In the mean time, Cottons Rec. 9 at the English Parliament (holden in September, principally for the Affairs of Ireland, and the King's Expedition thither) it was fully agreed, that the King should pass to Ireland in person, Ibid. 10. and that in the mean time, a Power should be sent to that Country; and Commandment was given, that all such as have Lands there, should repair thither for defence of that Kingdom; and that all such Learned in the Law as shall be sent as Justices, or otherwise to serve in Ireland, shall have no Excuse; and that Search be made amongst all the King's Records, to see what hath been done for the Amendment of the Irish: Lib. Z Z. And soon after a Writ was sent to William de Burgo and others, to attend the King, to consult of his Voyage to Ireland; but because the time of year did not serve for the King's Voyage, nothing more was done, than that the Lord Justice was recalled in November, and in February after came over. Sir John Darcy, Lord Justice, to whom the King gave the Manors of Louth and Ballyogany, which Simon Earl of Yew, had forfeited by adhering to the French King: Soon after his coming, the Birminghams' took a Prey of two thousand Cows from the O Connors in the County of Sligo. But this small Success was quickly overbalanced by a great Misfortue; 1333. for William Burk, Earl of Ulster, was on the 6th of June basely murdered by his own perfidious Servants at Carigfergus; whereupon, his Wife and only Daughter sailed to England; the Daughter was afterwards Married to the Duke of Clarence, and had one only Daughter, who was Wife to Roger Mortimer, Earl of March, and Lord of Trim: And from her the Earldom of Ulster, and Lordship of Connaught came by descent to be annexed to the Crown. But two of the Burks seized upon most part of the Estate, and divided it between them; and knowing they could not hold it by the Law of England, they confederated with the Irish, and changed their Language, Apparel, Customs and Manners; Nay their very Names were altered into those of Mac William Eighter, and Mac William Oughter; and by these means they have made a shift to keep some part of that mighty Estate for many score years. The Lord Justice, to revenge the Murder of the Earl of Ulster, (which made a great noise in Ireland) called a Parliament, by whose advice he went by Sea to Carigfergus, on the first of July, and by help of the Country People he destroyed the Murderers, and their Abettors; and thence with his Army he sailed into Scotland, where he did very good Service. But the Parliament sitting in England, Cottons Rec. the 15th of March, it was there resolved, That because the King's Affairs required him in France, his Irish Voyage should be postponed for a year, so as Aid might be sent in the mean time; but it seems that the Scots so alarmed him in the North, that he performed neither the one nor the other Voyage: And though both Houses (apart) advised the King to send Supplies of Men and Money to Ireland, and gave him one Disme, and one Fifteenth to that purpose; yet I do not find that any considerable Recruits were sent thither; but instead of that, a Commission was sent to treat with the Rebels. Prin, 270. Whilst the Lord Justice was beyond Seas, the Government was managed by Thomas de Burgh, Lord Treasurer; but it was not long before Darcy returned with honour, and released Walter de Birmingham out of Prison in February following, and soon after, Sir Simon Archdeacon, and others were slain by the Irish in Leinster. Ibid. And the young Lord Roch prevailed with the King to reduce (to ten pounds) a Fine of two hundred Marks, imposed on his Father for absenting himself from the Parliaments of 20 Edw. 2. and 2 Edw. 3. to both which he was summoned. Maurice Fitz-Girald broke his Leg by a Fall from his Horse, and was thereby hindered from repairing to England, as he had promised and designed; 1335. but now being recovered, he went thither, and was well received by the King, and created Earl of Desmond, 1336. 9 Ed. 3. On the 9th of August, the English gave the Irishmen a great Defeat in Connaught, Campion, 88 and with the loss of one man slew ten thousand of their enemies, and not long after, the Lord Justice was removed; and▪ Sir John Charleton came over Lord Justice, 1337. and brought with him his Brother Thomas, Bishop of Hereford, Lord Chancellor, John Rice (or ap Rees) Lord Treasurer, and two hundred Welsh Soldiers; he called a Parliament at Dublin, to which the Archbishop of Armagh designed to come, Pryn. 409. and in order to it, made great Preparations at S. Mary Abby, but the Archbishop of Dublin would not permit him to advance his Cross in that Diocese, till the King sent his Writs, as well to the Archbishop as to the Corporation of Dublin, not to molest the Primate. Thomas Charleton, 1338. Bishop of Hereford, Governor of Ireland, he caused Sir Eustace Poer and Sir John Poer to be imprisoned in the Castle of Dublin, on the third Day of February. And this Winter there was so great Frost and Snow, from the second Day of December to the tenth Day of February, that they Played, Danced, and roasted Fish on the Ice, upon the River of Liffy. And now again, 1339. were all the Irish in Arms, especially in Munster; but the Earl of Desmond so well managed Matters there, that he slew one thousand two hundred Men in Kerry, and took Nicholas Fitz-Maurice, Lord of Kerry, Prisoner, and kept him in Durance till he died, Cambden, 187. because he had joined with the Irish against the King and the Earl. Nor had the Earl of Kildare worse Success in Leinster; for he pursued the O dempsy so close, that many of them were drowned in the River Barrow, and the greatest Booty that ever was taken in that Country, was brought by the Lord Justice and the English from Idrone, in the County of Caterlogh, about the latter end of February; and in April following, the Lord Justice being sent for to England, resigned to Roger Outlaw, 1340. Prior of Kilmainham, Lord Justice; he died the February following, and by the King's Patent constituted John Lord Darcy L. Justice during Life; but he came not afterwards into Ireland; but in May following sent over Sir John Morris, 1341. Lord Deputy, to whom the Inhabitants of Ireland did not pay that respect which was due to his Character; for the English Irish were how grown so proud, that they disdained to be under the authority of a Knight▪ And therefore (to mortify them) it was resolved to make a general Resumption of all Lands, Liberties, Signiories and Jurisdictions which this King or his Father had granted in Ireland. QVia plures excessivae Donationes Terrarum, Tenement. 15 E. 3. m. 14 & Libertatum in Terra Hibern. ad minus veracem & subdolem suggestionem potentium, quam per Ed. 2. quam per Regem nun●, facta sunt, etc. Rex delusorias hujusmodi Machinationes volens elidere, de concilio peritorum sibi assistant▪ omnes donationes Terrarum, Tenement. & Libertat praedict duxit 〈◊〉, etc. quousque de meritis personarum ac de causis conditionibus donationum praedict. fuerit informat. & ideo Mand●● est Justi●. regni Hibern. quod omnia Terras, jenementa, etc. praedict. perdict. Reges, Justice. aut locum tenentes suos, quibuscunque personis fact. seisire facias, etc. It cannot be expressed what Feuds, Davis 138. that it was by good advice. Heart-burnings and Dissatisfactions this one unadvised Act did create; it was the rise and occasion of a distinction between the English of Blood, and the English of Birth, which had like to be fatal to the whole Kingdom; Pryn. 272. all the old English were disobliged by this procedure, and without their assistance the King could not keep (much less enlarge) his Interest in Ireland. To qualify this Matter, and to allay these Heats, 1342. a Parliament was summoned to meet at Dublin in October; but the Earl of Desmond and other Great Men of that Faction openly refused to come; and on the contrary, they confederated with the Corporations, and some Cities, and the rest of the Malcontents, and (without consulting the Government) they appointed a General Assembly at Kilkenny, in November following; and there they did accordingly meet; and the Lord Justice had not Power to hinder them, nor did he dare to come to them. This Assembly sent Messengers to the King with their Complaints couched in these three Queries; I. How a Realm of War could be governed by a Man unskilful in all warlike Service? II. How an Officer under the King, that entered very poor, could in one Year heap up more Wealth than Men of great Estates in many Years? And, III. How it chanced, since they were all called Lords of their own, that the Sovereign Lord of them all was never the richer for them? The King, who knew what they aimed at, was very unwilling to restore the Lands and Jurisdictions he had resumed, and therefore tried all other ways to reform the Kingdom and please the People: He turned out many of his Judges and Officers, that were most obnoxious, particularly Elias de Ashbourn (whose Estate he caused to be seized); Thomas de Montepessulano and Henry Baggott, Judges of the Common Pleas: He sent a Writ to the Lord Deputy, to certify the Qualities, Services, Fees, Number and Behaviour of his Officers in Ireland: He ordered that all Pardons or Suspensions of the King's Debts, that were by green Wax, or otherwise (except Pardons or Releases under the great Seal) should be vacated, and the Debts levied: He also commanded the Lord Justice Darcy, or his Deputy, to employ no others in any considerable Office than such Englishmen, as had Estates in England, and to turn out all that were not so qualified: And also enjoined him not to alien or grant any of the King's Lands, until he be fully informed of the Circumstances by Inquisition: And whereas the Treasurer of the Exchequer did claim a Privilege to dispose of any Sum under one hundred Shillings toties quoties, as he pleased, without Voucher or Account, the King supersedes that evil Custom, and orders him to account for what is past, since the beginning of his Reign, and to issue no more Money without the Presence or Consent of the Lord Justice, Lord Chancellor and Council: And whereas the Treasurer used to name Sheriffs, that Nomination is conferred on the Chief Governor, and Chancellor, and Council; who are enjoined to put in Persons fit for the Office: And whereas the Treasurer, for Rewards, used to forbear the King's Debts, so that many of them were lost, that Practice is also prohibited for the future: And the Treasurer is ordered, Not to receive the King's Money in his Chamber or elsewhere privately, but only in the public Office. The King also sent a Writ to be certified of the Particulars which were seized by virtue of the aforesaid Writ of Resumption: And John Darcy Senior▪ had an Order to have his Part of those Lands restored. The Lord Justice, the Deputy and the Chancellor, or any two of them were authorized to supervise and regulate the Exchequer. And yet all this and whatever else the King could do, did not quiet the Kingdom, until there was a general Restitution of these resumed Estates, which was done 26 Edw. 3. And it must not be forgot that Walter Archbishop of Ardmagh, Pryn, 277. being in the time of Edw. 2. advanced to that See by the Pope's Provision; wherein were some Clauses prejudicial to the Crown; the King refused to restore the Temporalities unto him, until he had renounced all Clauses in the Pope's Bulls, prejudicial to the King or his Kingdoms, and engaged to pay a Fine of one thousand Crowns for that Misdemeanour; but the Archbishop died before the Fine was paid. And about this time Process issued to levy the same on the Temporalities of his Successor, but it was irregular and illegal, and therefore the King superseded that Process, and directed that it should be levied of the Heirs or Executors of the said Walter. And about this time John Larch, Prior of the Hospital of S. John of Jerusalem, in Ireland, and Mr. Thomas Wogan, were sent to the King by the Prelates, Earls, Barons and Commons of Ireland, with a long Catalogue of the Grievances of those Times, to be seen at large (together with the King's Answer) in Mr. pryn's Animadversions 279. But Whether these Agents were sent from the Parliament at Dublin, or the discontented Assembly at Kilkenny, non constate But 'tis certain, that not long after the Lord Justice was removed; and Sir Ralph Vfford came over Lord Justice, 1334. he married the Countess Dowager of Ulster, and was a grave severe Man, and the likeliest Person of that Age to reduce the Seditious to their Duty; however, the Irish and the old English speak very hardly of him; and after they had given him the worst Character imaginable, they add, That there was a continual Tempest in Ireland, from the time of his landing to the Day of his Death: Camb. 189. 'Tis certain they hated him so, that in Sight of the People, and at noonday, he was rob of his clothes, Money, Plate and Horses, by Mac Cartane, at Emerdullin, no Body endeavouring to help or rescue him; nevertheless, he afterwards raised the Men of Vrgile, and gained the Pass, and entered Ulster. On the twenty fourth of November the King and Parliament at Nottingham, made Ordinances for the Reformation of Ireland; which are the same mentioned already, 17 Edw. 2. ante, pag. 112. which is there mistaken for 17 Edw. 3. as I suppose, for though both my Lord Cook and Mr. Pryn quote 17 Edw. 2. yet I rather believe both their Books are misprinted, than that the same Ordinances should be repeated at the same Place, and in the same Year of both Kings: But however that be, my Lord Cook adds this Clause; Volumus & praecipimus quod Nostra & Terrae nostrae negotia praesertim majora & ardua per Peritos Conciliarios ac Praelatos, 4 Inst. 350, 351. & Magnates & quosdam de discretioribus Hominibus (i.e. the Commons) in Parliamentis tractentur dis●utiantur & terminentur. Vide postea ad annum, 1357. And this he says does regulate the Parliaments of Ireland, according to the Institution of England: for before this time the great Meetings in Ireland were rather general Assemblies of the Great Men, than properly Parliaments. I find it asserted (in the Argument of a Case about the Precedency of the Lord of Kerry, before the Lord of slain, 12 Jac. 1.) that the first regular Parliament in Ireland was held anno. 12 Edw. 3. but I do not find any other Authority that there was any Parliament held that Year at all. Certainly the greatest Assembly that was at any time in either of these King's Reigns, at Parliament, was anno 1302. being 30 Edw. 〈◊〉 the Number upon the Parliament Roll amounting to no less than one hundred fifty six. The Parliament 8 Edw. 2. was nevertheless more considerable, because of the Quality of the Persons, for there were the four Archbishops, ten Bishops, the Abbot of S. Thomas, the Prior of Kilmainham, and the Dean and Chapter of Dublin: There were also many Irish Lords, as O Hanlon, Duke (i.e. Dux, Captain or Chief) of Orry, O Donel, Duke of Tyrconnel, O Neal, Duke of Tyrone, etc. and almost all the English Nobility in Ireland. Others make a distinction between Grand and Petit Parliaments, Lib. M. Lambet●. the former were properly Parliaments, and in them the three Estates were assembled; and this sort of Parliament is intended in the Submission of Mac. Mahon, 25. Hen. 6. whereby he promiseth, that in time of Arch-Parliaments, he will carry nothing away out of the English Pale, contrary to the Statutes. Thus the Annals of Ross mention, Quod Magnum Parliamentum tenetur apud Dublin, 1333. And Mr. Cambden (ad annum 1341) calls it Commune Parliamentum. But after all, there were but very few Cities or Corporations that were concerned in, or summoned to an Irish Parliament, until of later Days. The Earl of Desmond did indeed associate with the Deputies of many Towns, in his Assembly at Kilkenny; but that was to strengthen his Party, and to enlarge his Confederacy; so that whoever will look for an Irish Parliament, consisting of Lords Spiritual and Temporal, Knights, Citizens and Burgesses, summoned by the King's Writ, on forty Days Notice, and sitting in several Houses, as the Custom is now, must search the Parliament Rolls, to satisfy himself which was the first Parliament of that sort in Ireland, for he will not in any History find a sufficient Information in that Particular, as I suppose. But let us return to the Lord Justice, 1345. who summoned a Parliament to meet at Dublin, the seventh of June, but the Earl of Desmond still refused to come thither, and had appointed another Assembly at Calan; at which Place several great Men had promised to come; Friar Clun, ad annum 1344. but they were prohibited by the King's Writ, and therefore excused themselves to the Earl. But the Lord Justice, to abate the Insolence of the Earl of Desmond, advanced the King's Standard into M●nster, he seized on the Earls Lands, and gave them, in custodiam, to those that would take them: He also by Stratagem took the Castles of Iniskilly and Island in October following, and he hanged three Knights that commanded them, viz. Poer, Grant and Cotterel, Beware antiq▪ 69. Quia multas graves extraneas, & intolerabiles leges exercuissent, tenuissent & invenissent, viz. Coin and Livery, etc. It is probable that Desmond was so mortified with this Usage, that he surrendered himself to the Lord Justice, and was let to bail, on the Recognizance of the Earls of Ulster and Ormond, Lib. P. and twenty four Knights; but finding the Severity of this Governor, he thought it dangerous to appear, according to the Condition of the Recognisance, and therefore it was estreated into the Exchequer; and though the Noblemen and some of the Knights, made a shift to get rid of this matter, yet eighteen of the Knights lost their Estates, and were utterly ruined thereby. This Lord Justice did also use means to apprehend the Earl of Kildare, which at last he effected, and kept him in Prison, where he continued till the twenty sixth of May, 1346. and then he was discharged by the new Justice, on the Recognisance of twenty four Lords and Gentlemen. About this time, viz. 18 Edw. 3. Seals were made for the Courts of King's Bench and Common Pleas in Ireland: And the King pardoned the Archbishop of Dublin (late Treasurer of Ireland) for sundry false Writs and Acquittances, which he had put into his Treasurer's Account, in deceit of the King. But on Palm-Sunday (being the ninth Day of April) this severe Governor submitted to his Destiny, 1346. to the great Joy of the generality of the People: And it is observable, That his Lady (who was received like an Empress, and lived like a Queen) was fain to steal away through a Postern-Gate of the Castle, to shun the Curses of her Enemies, and the Clamour of her Creditors. Sir Roger Darcy was immediately appointed Lord Justice, (ex assensu & ordinatione Regalium & aliorum in Hibernia) and sworn the 10th of April; but he continued only till the 25●h of May, and then surrendered to Sir John Morris, Lord Justice, who met the bad News, that in April before, the O Mores had burnt the Castles of Ley and Kilmehide: He released the Earl of Kildare out of Prison, as aforesaid; but continued not long in his Government; so that there is little mention of what was done in his time, saving that in June, the Irish of Ulster slew three hundred of the English of Vrgile, and immediately thereupon Sir Walter Birmingham, 1346. Lord Justice landed in Ireland, and was sworn the 19th of June; he procured leave for the Earl of Desmond to manage his Cause in England; where that Earl was kindly received, and allowed by the King twenty Shillings per diem from the day he landed, for his Expenses (his Estate being, I suppose, in Custodiam) he was diligent in his business, and followed the Law hard (says my Author) for satisfaction for the wrongs done him by Vfford. The Lord Justice and the Earl of Kildare, in November pursued the O Mores so effectually, that they forced them to submit, and give Hostages; and thereupon the Earl of Kildare (obliged by the kindness shown to his Cousin Desmond, in England) went in May to serve the King at Calais, 1347. where he was Knighted by the King for his good Service, and the Lord Justice returned to England, leaving John Archer, Prior of Kilmainham, Lord Deputy; in whose time Donald Oge mac Morrough (called Prince of Leinster) was murdered by his own Followers on the 5th of June, and the Town of Nenagh was burnt by the Irish on St. Stephen's Day. Sir Walter Birmingham, 1348. Lord Justice came again from England, having first obtained for himself the Barony of Kenlis in Ossory, which formerly belonged to Sir Eustace Poer, one of the Knights taken by Vfford in the Earl of Desmonds' Castle of Island, and there executed. It was about this time, Cottons Rec. 66. viz. 21 Edw. 3. that the Commons in the English Parliament did petition the King, that Enquiry might be made by good men, why he taketh no Profit of what he hath in Ireland, seeing he hath more there than any of his Ancestors had? And if default be found in the Officers, that then such others be put into their places as will answer the King of the reasonable Profit thereof; and the King was pleased it should be so: They also desire that the Estate of the Earl of Ulster (which if the King's Daughter-in-Law (the Duchess of Clarence) should die without issue, might descend to Coparceners, some of which are the King's Enemies) might be settled otherwise. And it seems that by the good usage Desmond and Kildare found in England and France, and the daily expectation to have the resumed Lands and Jurisdictions restored; which was done anno 1352. the Kingdom was so quiet, that we find little or nothing recorded of these times, except the alteration of the Governors, viz. that The Lord Carew, 1349. Lord Justice, succeeded Birmingham, and that Sir Thomas Rokeby, 1349. Lord Justice, came over the 20th of December, and afterward he returned to England, and left. Maurice de Rochfort, 1351. Bishop of Limerick, Lord Deputy, who held that Place, and discharged it worthily, until Sir Thomas Rokeby, 1353. Lord Justice, returned; he brought with him ten men at Arms, and twenty Archers, which were allowed him by the King over and above the ordinary Retinue of twenty Men. About this time lived Sir Robert Savage, a very considerable Gentleman in Ulster, who began to fortify his dwelling House with strong Walls and Bulwarks; but his Son derided the Father's Providence and Caution, affirming, that a Castle of Bones was better than a Castle of Stones; and thereupon, the old Gentleman put a stop to his Building. It happened that this brave Man with his Neighbours and Followers, were to set out against a numerous Rabble of Irish, that had made Incursions into their Territories: And he gave Orders to provide plenty of good Cheer against his return; but one of the Company reproved him for doing so; alleging, that he could not tell but the Enemy might eat what he should provide; to whom the valiant old Gentleman replied, That he hoped better from their Courage; Camb. 193. but that if it should happen that his very Enemies should come to his House, he should be ashamed if they should find it void of good Cheer. The Event was suitable to the Bravery of the Undertaking; Old Savage had the kill of three thousand of the Irish near Antrim, and returned joyfully home to Supper. But let us return to the Lord Justice; of whom it is recorded, that he used to say, That he would rather eat his Meat in wooden Dishes, and pay Gold and Silver for it, than to eat in Golden Dishes, and make wooden Payment; However, on the 20th day of July 1355. he did resign to Maurice Fitz-Girald, 1355. Earl of Desmond, Lord Justice; he obtained so much favour in England, Lib. M. that he had this Office granted to him for Life, which expired the 25th day of January; he was so just a man, that he spared not his very Relations when they were criminal. And about this time the Barons of the Exchequer were reduced to Three, Lib. CCC. 10. 29 Ed. 3. and John de Pembroke, Chancellor of the Exchequer, was made the third Baron. Sir Thomas Rokeby, 1356. Lord Justice, returned again to Ireland, and held a Parliament at Kilkenny; at which many good Laws were enacted. In his time a Memorable Writ was sent to the Lord Justice and Chancellor, reciting, That whereas the Subject found great difficulty to get Restitution (according to Law) of such Lands as were at any time seized into the King's Hands; Prin. 286. 29 Ed. 3. And whereas they refused in Parliaments here, to take cognizance of erroneous Proceed in the King's Courts, but put the Subject to the trouble and charge of prosecuting a Writ of Error in England, the King order amendment and Reformation in both those Cases. And not long after, this worthy Lord Justice died at the Castle of Kilkea, and was succeeded by Almaricus de Sancto Amando, 1337. Lord Justice; in whose time a great Controversy happened between the Archbishop of Armagh and the Regulars: but at length (by the favour of the Pope) the Friars got the better of the Bishop. To this Lord Justice the King sent a Writ or Commission, Prin, 294. authorising him, with the Advice of the Chancellor and Treasurer, to give a special Pardon to as many English or Irish as he shall think fit, for all Crimes, except Treason. Moreover, for the better instruction of the People, and because of the Nonresidence of their Pastors, Ibid. the King, by his Sovereign Ecclesiastical Jurisdiction, Authorised and Licenc'd the Archbishop of Dublin to constitute perpetual Vicars in all Benefices and Prebendaries belonging to his Archbishopric, and of the King's Patronage, with certain proportions of greater and lesser Tithes, and other Profits, to those who should reside upon them. But (which was more than all this) the King by advice of his Council, made most excellent Ordinances in England, for the better Government of the Church and State of Ireland, and the maintenance of the good Laws and Statutes of England there established, they are to be found at large in Prins Animadversions on the 4th Instit. pag. 287. and therefore are omitted here (being very long, though also very good) only this must be observed, that the Clause formerly quoted (ad annum 1344) out of the 4th. Instit. is by my Lord Cook mistaken both as to Time and Form; as to the Time, it was not 17 Edw. 3. as he says; but it was 31 Edw. 3. And as to the Form, it is thus; VOlumus & praecipimus quod Nostra & ipsius terrae Negoti●a praesertim majora & ardua, in Conciliis per peritos Conciliarios nostros ac Praelatos & Magnates, & quosdam de discretioribus & probioribus hominibus de partibus vicinis, ubi ipsa Concilia teneri contigerit propter hoc evocandos; In Parliamentis vero per ipsos Conciliarios nostros ac Praelatos & Proceres, aliosque de Terra praedict. prout Mos exigit, secundum Justitiam, Legem, Consuetudinem & Rationem tractentur, etc. But to return. James, 1359. Earl of Ormond, Lord Justice, was commonly styled The Noble Earl, because he was of the Royal Blood, being great Grandson to King Edward the first. In his time, 34 Edw. 3. the King ordered Proclamation to be made in Ireland, That no Mere Irishman should be Mayor, Bailiff, or Officer of any Town within the English Dominion (i.e. the Pale) nor be advanced to any Ecclesiastical Benefice or Promotion; 35 Edw. 3. but the next Year, the King, by his Writ explains the former Proclamation, Pryn, 296. and orders that it shall not extend to any Irish Clerks, who have done him Service, or are Loyal to him. But it seems that the Lord Justice was sent for into England, and until his Return, Maurice Fitz-Girald, March 30. Earl of Kildare, was constituted Lord Justice, 1360. by Patent under the Great Seal of Ireland; he was to have the usual Salary of five hundred pound per annum, maintaining thereout Ninteen Horsemen besides himself; but he did not continue long in this Station before James Earl of Ormond, March 15. Lord Justice, returned; and the King intending to send his Son to Ireland, 1357. with a good Force, summoned the Duchess of Norfolk, and all other Noble and Gentle Men and Women that held Lands in Ireland, to appear in Person or by Proxy, 4 Instit. Pryn, 296. before him and his Council, to advise concerning the Defence of Ireland, and to repair to that Kingdom in Person (with all the Forces they could raise) by a certain Day, or to send their sufficient Deputies to assist the King's Son in Defence of the Country. And the same Day issued a Writ or Proclamation, prohibiting the transporting of any Corn or Victuals out of Ireland on pain of Forfeiture; and another Proclamation or Writ, to seize all the Lands or Tenements purchased in Ireland by any of the King's Officers without his special Licence, contrary to the aforesaid Ordinance of Edw. 2. And so on the 8th day of September, Lionel Duke of Claren●e, 1361. Earl of Ulster, and Lord of Connaught, came over Lord Lieutenant, and brought with him an Army of fifteen hundred men by the Pole, and his Entertainment was thirteen shillings and four pence per diem, and two shillings apiece for eight Knights, six pence apiece for three hundred and sixty Archers on Horseback, out of Lancashire, and two pence apiece for twenty three Archers out of Wales. Under him was Ralph Earl of Stafford, who had six shillings and eight pence per diem, for himself; four shillings for a Baneret, two shillings apiece for seventeen Knights, twelve pence apiece for seventy eight Esquires, and six pence apiece for an hundred Archers on Horseback, Davis, 30, 31. and four pence apiece for seventy Archers on foot. And James Earl of Ormond had four shillings per diem, and two shillings apiece for two Knights, and twelve pence apiece for twenty seven Esquires, & six pence apiece for twenty Hoblers armed, & four pence apiece for twenty Hoblers unarmed. And Sir John Carew, Baneret, had four shillings per diem, and two shillings for one Knight, and twelve pence apiece for eight Esquires, and six pence apiece for ten Archers on Horseback. And Sir William Windsor had two shillings per diem, and for two Knights two shillings each, for forty nine Squires twelve pence apiece, and for six Archers on Horseback sixpence apiece. Upon his coming over, Proclamation was made to remand out of England all Men that held Land in Ireland, on pain of Forfeiture of their Land, because he thought that by his Army, 36 Edw. 3. m. 21. and the assistance of the English of Birth, he should be able to do great Feats without the assistance of the old English; and therefore he also proclaimed, That none of the old English should join his Army, or approach his Camp, which gave great offence to those that were the Progeny of the first Conquerors, and had hitherto preserved the Kingdom by their Valour. However, the Duke marched his Army against O Brian, but not being acquainted with the Country, nor the Manners of the Irish, he soon lost an hundred of his Men, and thereby found the want of the old experieneed English, whom he at first rejected; but he timely repaired his Error, by another Proclamation, inviting and requiring them to come to him; whereupon they united, and the Affair proceeded prosperously, so that O Bryan was subdued. Hereupon the Duke made many Knights as well of Old as New English, and some time after, he removed the Exchequer to Caterlough, and bestowed five hundred Pounds in walling that Town: He did many other good Acts, so much to the Satisfaction of the whole Kingdom, that as well the Clergy as the Laity gave him two Years Profit of all their Lands and Tithes, towards the maintenance of the War here; He was the first that kept the Army under Discipline, so that they were not grievous or burdensome to the Country, as they used to be. And so having behaved himself very well in Ireland, he returned to England, on the twenty second of April, leaving James Butler, 1364. Earl of Ormond, Lord Deputy: This Lord obtained a Licence from the King, to purchase Lands to the value of sixty Pound per annum, Lib. CCC. non obstante the Statute or Ordinance, That no Officer of the King's should purchase within his Jurisdiction. But on the eighth Day of December Lionel Duke of Clarence, Lord Lieutenant, came over again, but made a very short Stay, before he left the Kingdom; and deputed Sir Thomas Dale, 1365. Lord Deputy, in whose time great Contest arose between the Birminghams' of Carbry, and the Inhabitants of Meath (for the very English were now grown so degenerate, that they preyed and pillaged one another, after the barbarous manner of the Irish) so that Sir Robert Preston, Chief Baron, who had married one of the Daughters and Coheirs of Sir Walter Birmingham, was forced to put a good Guard into his Castle of Carbry, to secure his Estate against his seditious Neighbours. Hereupon Lionel Duke of Clarente, 1367. Lord Lieutenant, came over again, and held that renowned Parliament at Kilkenny; which made that famous Act, which is so often cited by the name of the Statute of Kilkenny. The Bishops of Dublin, Cashel, Tuam, Lissmore, Waterford, Killaloo, Ossory, Leighlin and Cloyne, Lib. D. (who were present at this Parliament) did fulminate an Excommunication against the Transgressor's of that Law. The Lords and Commons sat together, at the making of it; and the Statute itself is in French, and to be seen at large in the Library at Lambeth, libro D. but the effect of it is, That the Brehon Law is an evil Custom, Davis, 112, 191. and that it be Treason to use it: That Marriage, Nursing and Gossipping with the Irish be Treason: That the use of Irish Name, Apparel or Language be punished with the loss of Lands or imprisonment, until the Party give Security to conform: That the English should not make War upon the Irish, without Order of the State: That the English should not permit the Irish to Creaght or graze upon their Land: Nor present an Irishman to an Ecclesiastical Benefice: Nor receive them into Monasteries or Religious Houses: Nor entertain any of their Minstrels, Rhimers or News-tellers: Nor cess Horse or Foot upon the English Subject, against his Will, on Pain of Felony: And that Sheriffs might enter any Liberty or Franchise, to apprehend Felons or Traitors: And that four Wardens of the Peace should be appointed in every County, equally to assess every Man's Proportion of the public Charge for Men and Armour. But it seems this Statute did not affect the Irish, because they were not amesnable to Law, for notwithstanding this Act, the Irish did always use their Brehon Law, until the third Year of King James I. Nevertheless this Law, Davis, 193. together with the Presence of the King's Son, and the Discipline he used, did very much reform the degenerate English; so that the Revenues certain and casual of Ulster and Connaught were thenceforward accounted for, in the Exchequer, and the King's Writ did run in both those Provinces, and therefore this Statute was revived and confirmed by 10 Hen. 7. cap. 8. It is to be noted, Lib. D. That at this time the Price of a Cow was but ten Groats; and the Pay of a Foot-Soldier was but two Pence a Day, whereof he paid a Penny for his Victuals. Nor must it be forgot, That about this time it was declared, in England, That the King could not by Law alienate his Dominions: And that King John his Submission to the Pope, being contrary to his Coronation Oath and to Law, was utterly void. But let us return to the Lord Lieutenant, who having concluded this Parliament to his Mind, went to England; and Gerard Fitz Maurice, Earl of Desmond, was made Lord Justice; 1367. he procured a Parley between the Birminghams' and some Commissioners he sent; but they treacherously seized on Thomas Burly, Prior of Kilmaynam and Chancellor, the Sheriff of Meath, 1368. and Sir Robert Tyrrel, etc. whereupon James Birmingham (who was a Prisoner in Irons at Trim) was exchanged for the Chancellor, and the others were fain to pay their Ransoms. 1369. But on the twelfth of July came over Sir William de Windsor, Lord Lieuten. who called a Parliament at Kilkenny, which gave three thousand Pound Subsidy: And soon after another at Ballydoil, which gave two thousand Pound Subsidy, Pryn, 304. towards the Maintenance of the King's Wars: Both which Sums were for some time forborn, by the King's Order, Prin, 300, 301 but were afterwards levied and paid to the Lord Lieutenant. And the King would also have had a Law made against Absentees, and sent Orders to that Purpose; but it seems that he did not prevail in that Matter. This Lord Lieutenant vigorously prosecuted the War against the O Tools and the Rebels of Leinster; but was interrupted by a fatal Accident, for on the sixth of July, near the Monastery of Mayo, in the Country of Limerick, O Connor and O Bryan got the better of the English, and slew the Earl of Desmond, and took John Fitz Nicholas, Lord of Kerry. and the Lord Thomas Fitz-John, and many others Prisoners. Whereupon the Lord Lieutenant was obliged to march to the Defence of Munster, where he behaved himself so well, that John Macnamarra (a great Man in Thomond) was forced to submit, Lib. D. and give Hostages for Performance of Covenants; one of which was, To keep the Peace, especially towards the Bishops of Limerick and Killalow. Another was, Not to annoy the City or Castle of Limerick, nor hinder that City in their Fishing, or in cutting down Woods in Thomond, to build or repair their Houses. And a third was, That he should restore the Books, Ornaments and Chalices he had taken from the Church of Limerick. From whence may be observed, That Sacrilege was well known and practised in Ireland, before the Reformation. But to proceed, The Lord Lieutenant was sent for to England; and therefore on the twenty first of March he deputed Maurice, 1371. Earl of Kildare, Custos of Ireland, and he was sworn the next Day; and continued in that Office until Sir Robert de Ashton, 1372. Lord Justice, arrived: In his time there were great Feuds between O Farrel and the English of Meath, so that many were killed on each Side, and particularly Hussy, 1373. Baron of Galtrim, the Sheriff of Meath and William Dalton were (in May) slain by the Irish in Kinaleagh. And whereas the Court of Exchequer had issued Process to levy Escuage, as well for the Lands seized by the Rebels, as for those which the English kept in Possession; the King on the twenty second of May sent a Writ to the Exchequer, to order that Matter according to Reason and Equity. And whereas he was informed, That Customs and Impositions were laid upon them, which the major Part of the Parliament had not consented to, he sent the Lord Justice a strange sort of Writ, Pryn, 303. which shall therefore be recited. REX dilecto & s●ideli suo Roberto de Ashton, Justice. suo Hibern. Salutem, Ex gravi conquestione ligeorum nostrorum Terrae nostrae Hibern. accepimus, quod cum Willielmus de Winsore, nuper locum nostrum tenens in Terra praedicta, ad primum Parliamentum post adventum suum in Hibern. tent. apud Dublin, diversa Custumas & onera quae antea aliquo tempore concessa non fuerunt ab ipsis Ligeis nostris peti●isse, viz. de quolibet lasto halecis tres solidos, de qualibet centena grossi piscis duodecem denarios, de qualibet Centena minoris piscis sex denarios, de quolibet dolio Salmonis quatuor solidos, de qualibet pipa Salmonis duos solidos, de quolibet dolio Vini sex solidos & octo denar. de qualibet pipa vini tres solidos & quatuor denar. de qualibet libra ●arnium boum porcorum & ovium sex denarios, de qualibet weia frumenti sex solidos & octo denarios, de qualibet weia Brasei fabarum pisar. hordei siliginis & hastinel quinque solidos, de qualibet weia salis sex solidos & octo denaer. de qualibet libra pellium equorum, cervorum, Aphrorum, pillfell. & pannor. laniar. & lineorum & fuldingoram & aliarum merchandizarum sex denarios, & licet Praelati, Magnates & alii ligei nostri pro majori parte in dicto Parliamento nostro existentes, concessioni levationi & solutioni custum. & onerum praedictorum expresse contradixerunt, & quidam Praelati, de concilio & assensu praefat. Willielmi existentes & aliae singulares personae pro minori parte ejus●em Parliamenti in quadam camera congregati custumam & onera superdicta absque assensu majoris partis dicti Paliamenti per tres annos tantum & non ultra concesserunt, praefatus tamen Willielmus & alii de concilio suo in rotulis Canc. nos●ri ejusdem irrotulari & registrari fecerunt quod dicta custumae & onera per omnes in dicto Parliamento presentes perpetuis temporibus percipienda concessa fuerunt, in ipsorum ligeorum nostrorum Terrae nostrae praedictae destructionem & depa●perationem manifestam, unde nobis supplicarunt sibi per nos de remedio provideri, nos nolentes ipsos ligeos nostros injuste onerari vobis mandamus, quod premissa omnia & eorum singula eisdem modo & forma quibus gesta & acta fuerunt in proximo Parliamento nostro in Terra praedicta tenendo coram Praelatis, Magnatibus & Communitate dicti Parliamenti recitari & declarari, & si per expositionnem & examinationem eorundem vobis constare poterit premissa veritatem continere, tunc irrotulamentum ac record, concessionis custumae & onerum praedict. de assenfu dicti Parliamenti sine dilatione cancellari & damnari & levationi & exactioni custumae & onerum praedict. ratione concessionis antedict. post dictum trientum faciend. supersederi faciatis omnino. Teste Rege apud Westm. 28. die Maii. And now happened the famous Case of Sir Richard Pembridge, who was the King's Servant and Warden of the Cinque Ports, 2. Inst. 47. and being ordered to go over Lord Deputy to Ireland, he refused, and it was adjudged he might, because it was but an honourable Exile, and no man can (by Law) be compelled Perdere Patriam, except in the case of Abjuration for Felony, or by Act of Parliament: And therefore another was sent, viz. Sir William Windsor, 1374. Lord Lieutenant, who arrived at Waterford on the eighteenth Day of April, 1374. and was sworn at Kilkenny the fourth of May: He undertook the Custody or Government of Ireland for eleven thousand two hundred and thirteen Pound six Shillings and eight Pence per annum, Lib. G. and obtained an Order from the King and Council, That all those who had Lands in Ireland, should repair thither, or send sufficient Men in their Room to defend the Country, on Pain of forfeiting their Estates. Nevertheless, this Lord Justice was so far from subduing the Irish, that he confessed he could never get access, to know their Countries or Habitations, and yet he had spent more time in the Service of Ireland than any Englishman then living: So finding he could do no good, he resigned to James Earl of Ormond, July 24. 1376 Lord Justice: In whose time the Counties, Cities and Burroughs of Ireland sent Commissioners to the King to Treat and Advise about the Affairs of that Kingdom, (and not to the English Parliament, as some have mistaken it): Pryn. 305. And the King did Issue a Writ to the Lord Justice and the Chancellor, requiring them to levy the reasonable Expenses of these Commissioners (from the respective Places that chose them) by Writ under the great Seal of Ireland: And accordingly John Draper, (who served for Cork) had a particular Mandate to the Mayor and Bailiffs of that City, to pay him his reasonable Expenses as aforesaid. It will not be unuseful to recite this Lord Justice his Commission, because the Reader will thereby perceive what Authority he had, and will also note the Difference between this brief Commission and the prolix Forms that are now used. REX omnibus ad quos, Ibid. etc. Salutem. Sciatis quod commisimus dilecto consanguineo nostro Jacobo le Bottiler, Comiti de Ormond officium Justice. nostr. Hibern. & Terram nostram Hibern. cum Castris & aliis pertinentiis suis custodiend. quamdiu nobis placuerit, percipiend. per ann. ad Scac. nostrum Hibern. (quamdiu in Officio illo sic steterit) quingent. libras, pro quibus Officium illud & terram custodiet, & erit se vicessimus de hominibus ad arma cum tot equis coopertis continue durante commissione supradicta, etc. But by a subsequent Patent (the sixth of August) he had Power to Pardon all Offences, generally, or to particular Persons, and (by consent of the Council) to remove or displace any Officer, those made by Patent under the great Seal only excepted: Ibid. 307. And by another Writ of the same date the former Commission was explained not to extend to the Pardon of any Prelate or Earl for any Offence punishable by loss of Life, Member, Lands or Goods. And the same time Alexander Bishop of Ossory was made Treasurer of Ireland, and a Guard of six Men at Arms, and twelve Archers, at the King's Pay, allowed him. I have seen a Copy of a Commission to Maurice Fitz-Thomas, Lib. G. 13. Earl of Kildare, to govern Ireland till Sir William Windsor's return; it bore date the sixteenth of February, 50 Edw. 3. (and Stephen Bishop of Meath was appointed to oversee Munster) but because I find no other mention of his being in the Government about this time, I have therefore omitted to name him as Lord Justice. And so we are come to the twenty first Day of June, 1377. 1377. on which Day this victorious King died at Shene in Surry, in the sixty fourth Year of his Age, and of his Reign the one and fiftieth. Lib. M. His Revenue in Ireland did not exceed ten thousand Pound per annum, though the Medium be taken from the best seven Years of his Reign. THE REIGN OF RICARD II. King of England, etc. And LORD of IRELAND. RICHARD the Second, only Son of Edward (commonly called the Black Prince) Eldest Son of King Edward the Third, was by his Grandfather declared to be his Heir and lawful Successor; and accordingly succeeded him in the Throne, on the 21st of June, and was Crowned at Westminster the 16th of July following: 1377. His tender Age (being but eleven years old) required a Protector; and because it seemed dangerous to commit that great Authority and Power to a single Person, it was given to the King's Uncles (the Duke of Lancaster and the Earl of Cambridge) and others: who thought fit to continue in the Government of Ireland, James Earl of Ormond, Lord Justice; he kept the Kingdom in as good order as those dangerous and troublesome Times would admit of; Baker, 141. for both the French and the Scots took advantage of the King's Infancy, to disquiet his Dominions; but especially the Realm of England: This Lord Justice, according to the Usage in those days, held Pleas of the Crown, Lib. G. Lambeth. and Gaol-delivery at the Naas, on Monday after Valentine's Day, 1378. and not long after surrendered to Alexander Balscot, Bishop of Ossory, Lord Justice, who continued in the Government until November following, Lib. G. and then gave place to John de Bromwick, 1379. Lord Justice; in whose time Beauchamp Earl of Warwick, was by the Parliament of England, made sole Protector of the King and Kingdom: And then was made that first Act or Ordinance against Absentees, Lib. M. Lambeth. 138. by the Assent and Advice of the Lords and Nobles of England, Davis, 38. 199 being in Parliament: Whereby it is Ordained, That all that have Lands, 4th. Instit. 356, & 360. Rents or Offices in Ireland, shall return thither; but if they have reasonable cause to absent, that then they shall send sufficient Deputies to defend their Castles and Estates, or contribute two Thirds of the yearly value towards the defence thereof; but that Students and those in the King's Service, and those absent for reasonable Cause, by Licence under the Great Seal of England, shall be excused for one Third of the yearly Profit of their Estates. This Act was confirmed afterwards, Lib. F. 19 Edw. 4. and by virtue hereof, the Manor of Ballymaclo in Meath, was seized into the King's Hands, for the absence of William de Carew; but was the next year restored to him on his Petition, Prin, 308. Septemb. 27. 1380. And it is to be remembered, That this Act was occasioned by a Petition from Ireland, and that it is mentioned in the Body of the Act, that the Loss of Ireland would be a Disinherison to the King and his Crown of England. Ibid. At the same Parliament at Westminster, there was another Irish Petition for Mine and Coin; which I take to be a Liberty to dig Mines, and a Mint to coin Money; For the King's Answer is, That for six years to come, every one may dig in his own Grounds for any Mineral whatsoever, even Gold and Silver, paying the Ninth part thereof to the King, and sending the rest to the King's Mint at Divelin; for the Coinage of which, they shall pay the usual Rates, but must transport none to any place (except England) on pain of forseiting it if it be seized, or the Value, if he be convict of it, unless the Party had special Licence under the Great Seal of England. There was also another Petition for a free intercourse of Trade between Ireland and Portugal; Ibid. whereunto the King gave a Gracious Answer. And it seems that the State of England was intent upon the Recovery and Improvement of Ireland; for Sir Nicholas Dagworth was sent thither to survey the Possessions of the Crown, Davis, 201, and to call the Officers of the Irish Revenue to account; and the more to humour the Irish, who thiink themselves disgraced when ignoble Men are put in the highest Authority over them. Edmond Mortimer, Earl of March and Ulster, Jan. 24. 1380. was sent over Lord Lieutenant: Sometime before he came, viz. in Jun. 1380. the French and Spanish Galleys, which did much Mischief on the Coasts of Ireland, were by the English Fleet forced to retire into the Harbour of Kinsale, where they were assailed and vanquished by the English and Irish, so that their Chief Captains were taken, Pa●ata Hiberniae. 360. and four hundred of the Enemies slain; there were also taken four of their Barges, and one Ballenget, and one and twenty English Prizes were recovered. I cannot find, but that Ireland was pretty quiet during the Government of this Lord Lieutenant, which did not continue very long; for he died at St. Dominicks Abbey near Cork, on the 26th of December 1381. and the next day John Cotton, than Dean of St. Patrick's, Ware, de Praesulibus, 28. and Lord Chancellor, afterwards Achbishop of Armagh, was chosen and sworn Sord Justice, 1381 in the Convent of Preaching Friars at Cork; Pryn, 309. but it seems he did not long exercise that Office; for in Mr. Prins Animadversions on the 4th Institut. we find a Writ, Dated the 29th Day of March, anno 1382. viz. 5 R. 2. Directed to Roger Mortimer Earl of March, Lord Lieutenant of Ireland, whereby he is directed to call a Parliament there, for the good Government of that Country, and the support of the King's great Charge and Expense; but it is probable that this young Lord could not manage that unruly Kingdom; and therefore, Philip de Courtny (the King's Cousin) was sent over Lord Lieutenant; 1383. he had a great Estate in Ireland, and therefore was the fit for that Government; He came over on good terms; for he had a Patent to hold that Office for ten years; nevertheless he behaved himself so ill, Lib. M. Lamb. that he was not only superseded, but also was arrested (whilst he was Lord Lieutenant) and afterwards grievously punished for the wrongs and oppressions he had done in Ireland: Davis, 201. In his time happened a great Mortality, called the Fourth Pestilence; and upon the removal of him, the Government of Ireland was given to the great Favourite of that Age, Robert de Vere, Earl of Oxford (afterwards Marquis of Dublin, Decemb. 1384. and Duke of Ireland) Lord Lieutenant. The English Parliament (to get rid of him) gave him a Debt of thirty thousand Marks due from the French King, upon condition, that after Easter, he should pass into Ireland, to recover the Lands the King had given him there; he had five hundred Men at Arms at twelve pence per diem, and a thousand Archers at six pence apiece a day appointed him for two years, super conquestum illius Terrae: He was trusted with the whole Dominion of the Realm, during his Life, without paying any thing therefore, or making any Account for it; He had Power to pass all Writs under his own Test, and to place and displace all Officers, how great soever, even the Chancellor, Treasurer, Admiral, etc. and to name his own Deputy, and all other Ministers. And it seems that he had afterwards a larger Patent, 4th Instit. 357, 9 Rich. 2. whereby the King granted him Totam Terram & Dominium Hiberniae, & Insulas eidem Terrae adjacentes, ac omnia Castra, Comitatus, Burgos, Villas, Portus Maris, etc. una cum Homagiis, Obedientiis, Vassallis, Servitiis & Recognitionibus Praelatorum, Comitum, Baronum, etc. cum Regaliis, Regalitatibus, Libertatibus, etc. & omnibus aliis qnae ad Regaliam Nostram pertinent, cum Mero & Mixto Imperio, adeo plene, integre & perfect, sicut Nos ea tenuimus & habuimus, tenuerunt & habuerunt Progenitorum nostrorum aliqui, ullis unquam temporibus retroactis, Tenendum per Homagium Ligeum tantum, etc. But that which is most strange, is, That those illegal Letters Patents should be authorized by Parliament (Assens● Praelatorum, Ducum, & aliorum Procerum & Communitatis nostri Angliae in Parliamento) but, nullum violentum est perpetuum, & novus iste insolitus & umbratilis honor cito evanuit. But it is time to return to the great Minion, the Earl of Oxford, who came as far as Wales, and the King with him; but they could not be persuaded to part, and therefore this Lord Lieutenant never went to Ireland, but deputed▪ Sir John Stanley, 1385. Lord Deputy; in whose time the Bridge of Dublin fell; and at the Parliament held at Westminster, Roger Mortimer Earl of March (Son of Philippe, Daughter of Lionel Duke of Clarence, Third Son of Edward the Third) was established; and soon after proclaimed Heir Apparent to the Crown, and yet he was but Heir Presumptive; but this Lord Justice was sent for, and Alexander de Balscot, April 26. alias Petit, 1387. Bishop of Meath (who had been Treasurer and Chancellor) did execute the Office of Lord Justice until the return of Sir John Stanley, 1389. Lord Deputy to the aforesaid Earl of Oxford; Lib. D. Lambeth. to him O Neal and his Sons made an humble Submission in Writing, wherein they renounced the Bonaught of Ulster; they also promised Allegiance, and gave Oaths and Hostages for the performance thereof. And it is to be noted, 1390. That almost in every Parliament of this Reign, held in England, the King did desire Aid from them, for the carrying on the War in Ireland. But at length the English Parliament did so vigorously prosecute the Lord Lieutenant of Ireland, that he was forced to fly beyond Seas, and not long after died miserably at Brussels; and thereupon, James Earl of Ormond, July 25. was made Lord Justice, and the Archbishop of Dublin was constituted Lord Chancellor: 1392. This Lord Justice beat the Mac Moyns at Tascoffin, in the County of Kilkenny, and slew six hundred of them. And now the State of England began to think seriously of the Recovery of Ireland; and finding that that Country was poor, and almost depopulated, by the mighty Concourse of Irish into England, whereby the King's Revenue was decayed, and the Power of the Irish Rebels increased, it was thought fit to revive the Law against Absentees, and to issue a Proclamation, requiring all those whose Habitations were in that Kingdom, to repair home: Also, some Recruits of Men and Money were sent to Ireland, and the King had (by Indenture) agreed with Thomas Duke of Gloucester, to be Lord Lieutenant of that Land, and to go personally thither, and an Army was designed for him, and he was created Duke of Ireland, in order to that Expedition; and notwithstanding all this, on the twenty third of July 1393. the King sent him a Letter to stop his Voyage, because his Majesty intended to go to that Kingdom in person. For the King was nettled with an Answer his Ambassadors received in Germany, when they were soliciting for the Imperial Crown (that they did not think him fit to be their Emperor, who could not keep what his Ancestors had gained in France, nor rule his insolent Subjects in England, nor tame his rebellious Vassals in Ireland) and therefore partly to vindicate his Reputation, and partly to divert the Melancholy, which had seized him on the Death of his Wife, he undertook a Royal Voyage to Ireland, with four thousand Men at Arms, and thirty thousand Archers, under S. Edward's Banner. It seems that Sir Thomas Scroop was sent before him to prepare for the King's Reception; for I find him named Lord Justice on the 26th of April 1394. 1394. But however that be, it is certain that on the Second Day of October, Richard the Second, King of England, Landed at Waterford, with a mighty Army, whereof he made but small use; for the Irish betook themselves to their old Stratagems of feigned and crafty Submissions, wherewith they had deluded and abused King Henry the Second, and King John in former times: However, Mowbray (Earl of Nottingham, and Marshal of England) had a special Commission to receive the Homage and Oaths of Fidelity of all the Irish of Leinster; by virtue whereof, Girald O Birne, Donald O Nolan, Malachias O Morough, Rory oge O More, Arthur Mac Morough, Morough O Connor, and others, made their humble submission by an Interpreter, in the open Field at Baligory near Carlow, on the 16th of February: They did Homage in solemn manner, and made their Oaths of Fidelity to the Earl Marshal, laying aside their Girdles, Skeins and Caps, and falling down at his Feet upon their Knees; which being performed, the Marshal gave each of them Osculum Pacis. Moreover, they were bound by several Indentures upon great Penalties, to be paid to the Apostolic Chamber (viz. O Birne, twenty thousand Marks, O Nolan, ten thousand pounds, etc.) not only to continue Loyal Subjects, but that by a certain day prefixed, they and all their Swordmen should clearly relinquish and give up unto the King and his Successors, all the Lands and possessions which they held in Leinster, and (taking with them only their movable Goods) should serve him in his Wars against his other Rebels: In consideration whereof, the King was to give them Pay and Pensions during their Lives, and to bestow the inheritance of all such Lands upon them as they should recover from the Rebels in any other part of the Realm: And thereupon a Pension of eighty Marks per annum was granted to Art Mac Murrough, Chief of the Cavenaghs, which was continued to his Posterity till the time of Henry the Eighth, although they did nothing for it. But the King having received Letters from O Neal (wherein he styles himself Prince of the Irishry in Ulster, and yet acknowledgeth the King to be his Sovereign Lord, and Dominus perpetuus Hiberniae) removed to Drogheda, to take the Submissions of the Irish of Ulster. Thither came to him O Neal, O Hanlon, O Donel, Mac Mahon, and others, who with the like humility and ceremony as aforesaid, performed their Homage and Fealty to the Kings own Person, in these or the like Words (mutatis mutandis) Ego Nelanus O Neal Senior, tam pro meipso, quam pro filiis meis, & tota Natione mea, & Parentelis meis, & pro omnibus Subditis meis, devenio Ligeus Homo vester, etc. And in the Indenture between O Neal and the King, he is bound not only to remain faithful to the Crown of England, but also to restore the Bonaught of Ulster to the Earl of Ulster, as of right belonging to that Earldom, and (amongst other things) usurped by the O Neals. These Indentures and Submissions, with many more of the same kind (for there was not a Chieftain or Head of an Irish Sept, but submitted himself in one Form or other) the King himself caused to be enroled and testified by a Notary Public, and with his own hands delivered the Enrolments to the Bishop of Salisbury, who on the 25th of June delivered to the Court of Exchequer two Hanapers; one containing thirty nine, and the other thirty six Instruments, which were all there recorded or enroled, so that they have been carefully preserved, and are now to be found in the Remembrancers Office; and the Copies of them all are to be seen at Lambeth, Libro D. In the mean time, Lib. G. Lambeth. on the first of February, the King wrote a Letter to his Uncle the Duke of York (who it seems was his Deputy in England) signifying, that there were three sorts of People in Ireland, viz. Irish Savages, or Enemies, Irish Rebels, and English Subjects, and that perhaps the Rebels had cause and provocation to do as they have done, and that therefore he has given them Truce till Easter, and designs to pardon them generally; and concludes with a Desire of his Advice in this Particular. The Duke and the Council on the 19th of March return an Answer, Lib. M. That they had formerly given their Opinion to prosecute the Rebels; but that his Majesty (being on the Place) best knew what was fit to be done; and that they did not mislike his Intention, provided the Rebels did pay some considerable Fines towards the Charge of the King's Voyage, and also took out their particular Pardons within a limited Time; Lib. G. and not long after, finding that the King had accepted the Irish Submissions, and valued himself upon the Achievement, they send him a congratulatory Letter, and humbly pray his Majesty to return to England. Several of the Irish Historians (one of them misleading another) say that the King did call a Parliament at Christmas, and about Shrovetide returned to England; but as I am sure he did not return in many Weeks after Shrovetide, so I believe he held no other Parliament in Ireland at this time, than that there being a great Concourse of the Chief Men of the Land to Dublin, to attend the King, it is probable the King consulted with them about the public Affairs, and that they complained to his Majesty of such Grievances as needed to be redressed; Lib. G. and particularly, That whereas the Chancery used to pay into the Exchequer two thousand Marks per annum, for the Great Seal, besides defraying the Charge of that Court, it now hardly pays its own Officers their Salaries, because, Grants, for which the Parties formerly paid an hundred pound, are now made for ten shillings; and Secondly, That James Cotenham, Deputy Admiral of Ireland, to the Earl of Rutland, committed great Abuses, and exacted a Tribute of twenty pence or two shillings from every one that passed the Seas. On the twenty fifth Day of March the King knighted four Irish Kings, 1395. Selden tit. hon. 842. and some other great Lords; whereof Mr Selden (out of Froisart) gives the following Account. Four Kings of several Provinces in Ireland, that submitted themselves to Richard TWO, were put under the Care of Henry Castille, an English Gentleman, who spoke Irish well, in order to prepare them for Knighthood; by the Kings Command he informed them of the English Manners in Diet, Apparel, and the like; He asked them, If they were willing to take the Order which the King of England would give them, according to the Customs of England, France, and other Countries. They answered, They were Knights already, and that the Order they had taken was enough for them; and that they were made Knights in Ireland when they were seven Years Old; and that every King makes his Son Knight, and if the Father be dead the next of Kin does it; and that the manner is thus; The new Knight, at his making, runs with slender Lances against a Shield, set upon a Stake in a Meadow, and the more Lances he thus breaks, the more Honour continues with his Dignity. But Mr. Castille told them, They should receive a Knighthood with more State in the Church; and afterwards (being persuaded and instructed, especially by the Earl of Ormond) they did receive Knighthood at Christ-Church, Dublin, after their Vigils performed in the same Church, and a Mass heard, and some others were knighted with them; but the four Kings, in Robes agreeable to their State, sat that Day with King Richard at the Table. And so, Davit, 202. when the King had supplied the Courts of Justice with able Men, particularly with Sir William Hankford, Chief Justice (who was afterwards Chief Justice of England, and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow, he returned to England (about Midsummer, 1394. as I suppose); for on the fourth of July 1394 Roger Mortimer, Earl of March was sworn Lord Lieutenant: Pryn. 294. And not long after, the aforesaid excellent Ordinances of 31 Edw. 3. were ratified, revived and exemplified, and sent into Ireland, to be more duly observed than hitherto they had been. But the Scene was changed, and the Irish despising the weak Forces the King had left behind him, began to lay aside their Mask of Humility, and to make Incursions into the Borders of the Pale: Nevertheless, the English were not daunted, their Valour supplied what was wanting in their Number; Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham, with their Forces slew six hundred of the Irish, and their Captain Mac Con; and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow, and took O Birnes House; whereupon the Lord Lieutenant made seven Knights. But this Victory was much overbalanced by the Loss of forty principal Englishmen, slain by the O Tools, on Ascension-day; and not long after by the Death of the Lord Lieutenant himself, who was slain at Kenlis in Ossory by the O Birnes, on the twentieth of July 1398. And thereupon Roger Grace was chosen Lord Justice, 1398. pro tempore, until the King sent over his half Brother Thomas Holland, Duke of Surry, Lord Lieutenant, 1398. who landed at Dublin the seventh of October, 1398. but did not long continue in that Office, before the King pretending a Resolution to revenge the Death of his Cousin and Heir, the Earl of March, who was slain by the Irish as aforesaid: He left the Government of England in the Hands of his Uncle, the Duke of York: And on the first Day of June Richard, 1399. King of England, landed at Waterford with a good Army, which he marched to Dublin, through the waste Countries of Murroughs, Kinshelaghs, Cavenaghs, Birns and Tools; but the Army was much distressed for want of Victuals and Carriages in those Deserts, so that he performed no memorable Exploit, save that he cut and cleared the Paces in the Cavenaghs Country, and knighted Henry (the Duke of Lancaster's Son, afterwards Henry V) for his briskness against the Irish. On the sixth of June, being the Friday after the King's arrival, Jenico de Artois, his faithful Gascoign, slew two hundred Irish at Ford, in Kenlis, in the County of Kildare: And the next Day the Citizens of Dublin made Incursions into Wicklow, and killed thirty three Irishmen and took eighty Prisoners: And on the twenty sixth of June the King came to Dublin, and received the Submission of many Irish Lords: But whilst he was consulting how to proceed, he received the unwelcome News of the Duke of Lancaster's Progress in England; whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trim; and though he sent the Earl of Salisbury before him to gather an Army in Wales, yet the King followed after so slowly, that the Army was dispersed before he arrived in England; with which Misfortune his Courage fell, so that on Michaelmass day he tamely surrendered the Crown, and gave a just occasion for this true Remark, Baker, 152. That never any Man who had used a Kingdom with such Violence, gave it over with such Patience. He was afterwards deposed by Parliament, and several Articles exhibited against him, one of which was, That he forced divers Religious Persons in England to give Horses, Arms and Carts towards the Irish Expedition. And another was, That he carried into Ireland the Treasure, Relics and other Jewels of the Crown, which were used to be kept in the King's Coffers from all Hazard. The King created Edward Plantagenet Earl of Cork, in the twentieth Year of his Reign: And the same Year gave a Licence under the Privy Seal, to William Lord Courcy to buy a Ship to pass and repass to and from England. And in this Reign happened this famous Case, One Thomas (a Clerk in England) obtained a Judgement at Westminster against Robert Wickford, afterwards Archbishop of Dublin; and upon Affidavit, That the Defendant lived in Ireland, and had Goods and Lands there; and the Sheriffs Return, That he had no Lands nor Goods in England, the Plaintiff had a Writ against the said Archbishop, in haec verba. IDeo vobis mandamus quod de terris & catallis ejusdem Roberti, Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict. decem libras, & illas habeatis coram, etc. This Archbishop died anno 1390, so that this Writ must issue before that time. THE REIGN OF HENRY IU. King of England, etc. And LORD of IRELAND. HENRY, Duke of Lancaster, eldest Son of the famous John of Gaunt, fourth Son of King Edward the Third, upon the Resignation of King Richard, procured him to be deposed in Parliament, and himself to be elected King, and the Crown to be entailed on him and the Heirs of his Body: His Claim was, as Heir to Henry III; but finding that Pretence was Ridiculous, because there were others of the same Lineage before him in the Pedigree; and it was notorious, That the Right of Succession was in Ann, Daughter of Roger Mortimer, Earl of March, Son of Philippe, Daughter of Lionel Duke of Clarence, third Son of King Edward III. and accordingly her Grandson afterwards possessed the Kingdoms by the Name of Edward IU. And also finding that it was more vain to claim by Conquest, when there was no fight, he was at last forced to rely on the Consent and Election of the People▪ which was the Title his Ambassadors insisted upon, in the Courts of Foreign Princes. Thus was the Foundation laid of those tedious and bloody Wars, that afterwards ensued between the Houses of York and Lancaster, commonly distinguished by the Appellations of the Red-Rose and the White, that being the cognizance of the House of Lancaster, and this the Badge of the Family of York. This King was crowned on the thirteenth Day of October, anno Dom. 1399. 1399. and Ireland was committed to the Care of Sir John Stanley, 1399. Lord Lieutenant, who came over thither, Cotton's Records, 390. on the tenth Day of December. In his time the King obtained a Subsidy in England, for three Years, to provide for the Affairs of Ireland, etc. And about Whitsuntide the Constable of Dublin-Castle and others, near Strangford in Ulster, encountered the Scots at Sea, 1400. but with very ill Success, for many Englishmen were there slain and drowned. About this time the Town of Kilkenny was walled by Robert Talbot: 1401. And about May the Lord Lieutenant repaired to England, leaving his Brother Sir William Stanley, Lord Deputy, who on the twenty third Day of August surrendered unto Stephen Scroop, Lord Deputy to the King's Son, (Thomas Duke of Lancaster) who it seems came over only to provide and prepare for the Reception of Thomas Duke of Lancaster, Seneschal of England and Lord Lieutenant of Ireland, who landed on S. Bines-Day. And on the fifth of July, John Drake, Mayor of Dublin, with a Band of Citizens, encountered and defeated four thousand Irish Outlaws, near Bray, in the Borders of Wicklow, and slew four hundred ninety three of their best Men. This Lord Lieutenant held a Parliament in Dublin, 1402. in September; during which, Sir Bartholomew Verdon, James White, Christopher White and Stephen Gernon, slew John Dowdal Sheriff of Louth in Vrgile, and committed sundry other Felonies and Robberies, for which they were Outlawed, and their Estates disposed of by Custodiam; Cotton's Records, 431. but afterwards the King pardoned them their Lives, and restored them their Estates, during their respective Lives only. In October Daniel O Birne, Lib. D. for him and his Sept or Nation, submitted to the Lord Lieutenant, and promised Allegiance and good Behaviour; and to manifest his Sincerity, he granted to the King the Castle of Mackenigan with the Apurtenances: And on the thirteenth of December the Lord Lieutenant (by Indenture) set the Ferny in the County of Louth (except the King's Castle) to Aghy mac Mahon for Life, Davis, 48, at the Rent of ten Pound per Annum; and Mac Mahon covenanted to be a good Subject: And in February following O Reyly covenanted with the Lord Lieutenant, and also swore to perform to the King, during the minority of Mortimer, all the Covenants he was obliged to perform to Roger Mortimer, Earl of March and Ulster. In May Sir Walter Betterly, Steward of Ulster, 1403. and thirty English were all slain: And on the eleventh of November following, the Duke returned to England, and left Sir Stephen Scroop Lord Deputy; 1404. who on the twenty sixth Day of October resigned to James Earl of Ormond. 1405. Lord Justice; who in April 1405 held a Parliament at Dublin, and there the Statutes of Dublin and Kilkenny were confirmed, as also the Charter of Ireland: And this good Act was followed by good Success, for in May two Scotch Barks were taken near Greencastle, and another near Dalkye, with their Captain Macgolagh: Moreover the Merchants of Droghedae made Incursion into Scotland, and brought thence both Pledges and Preys: And the Dublinians also entered Scotland at S. Ninian, and behaved themselves valiantly: They also did the Welsh much harm, and brought from thence the Shrine of S. Cubins, which they placed in Christ-Church, Dublin: However, the Irish burnt Oghgard, and on the sixth of September the Lord Justice died at Gauran, and was succeeded by Girald Earl of Kildare; 1406. who probably was chosen Lord Justice by the Council. In his time the Dublinians and their Neighbours, on Corpus Christi-Day vanquished the Irish Enemies, and took three Ensigns, and brought to Dublin the Heads of those they had slain. And the Prior of Conal had as good Success in the Plains of Kildare, for with twenty Englishmen he defeated two hundred Irish, and killed many of them. But after Michaelmas came over Sir Stephen Scroop, Lord Deputy: He held a Parliament at Dublin in January, which (in the Lent after) ended at Trim: And about the latter end of February Meyler Birmingham slew Cathol O Connor. About May the Lord Deputy, 1407. (accompanied with the Earls of Ormond and Desmond, the Prior of Kilmainham, and other Captains and Gentlemen of Meath) set out from Dublin, and invaded the Territory of Mac Morough; at first the Irish had the better, but at length the Constancy and Resolution of the English prevailed, and O Nolan and his Son, and others were taken Prisoners; and after this was done, they marched speedily to Calan, in the County of Kikenny, upon some Intelligence they had of the Rebels being thereabout, and they so surprised them, that the whole Party was routed, and O Carol and eight hundred Men slain upon the Place. But in June the Lord Deputy went to England, and the Nobility and Council elected James Earl of Ormond, Lord Justice: In whose time a barbarous Tory called Mac Gilmore (who is reported to have destroyed forty Churches, and was never Christened) had taken Prisoner Patrick Savage, a Gentleman of great Esteem in Ulster; they agreed upon his Ransom to be two thousand Marks, and his Brother Richard was to become Hostage for it: But this Subtle Barbarian managed the matter so, that he received the Ransom, according to Agreement, and afterwards he murdered both the Brethren. This Lord Justice held a Parliament at Dublin, 1408. which confirmed the Statutes of Dublin, and Kilkenny, and also the Statute against Purveyors. And on the second of August Thomas Duke of Lancaster came over Lord Lieutenant: It seems that the Terms on which he undertook the Government were these: First, Lib. G. He was to hold the Place for seven Years. Secondly, He was to have five hundred Men at Arms and one thousand Archers for three Years. Thirdly, To have a Years Pay in Hand, and afterwards to be paid every half Year. Fourthly, One thousand Marks per annum for himself, and to be paid the Charge of Transportation to and from England. Fifthly, That a certain Fund be appointed for their Pay. Sixthly, That at the King's Charge he might have a Family or two out of every Parish in England to inhabit Ireland. Seventhly, To have Power of granting Benefices, and of making a Deputy. And, Lastly, That the Demesnes of the Crown may be resumed, and the Acts of Absentees may be executed. The Lord Lieutenant (within a Week after he came to Dublin) caused the Earl of Kildare, and three of his Family, to be arrested, and suffered the Earls Goods to be rifled and spoiled by the Duke's Servants, and kept the Earl himself in Prison, in Dublin Castle, until he paid three hundred Marks. It is recorded that the Lord Lieutenant was desperately wounded in an Encounter at Kilmainham, and hardly escaped with Life, but it is not mentioned how nor by whom: but it seems he designed to revenge it, and to make a general Hosting; for he made Proclamation that all such as aught by their Tenors to serve the King, should assemble together at Ross: He also held a Parliament at Kilkenny, for a Tallage to be granted; but what Success he had in these Assemblies, is not so manifest, as it is that he went to England on the 13th of March, leaving Thomas Butler, 1409. Prior of Kilmainham, his Deputy, in whose time, the King gave the Sword to the City of Dublin, and changed their PROVOST into a MAYOR; and not long after, the Barbarous Mac Gilmore being routed, and pursued by the Savages, fled to the Church of the Friar's Minors at Carigfergus, which he had formerly defaced; but they got into the Windows, whence this Tory had formerly taken the Iron Bars, and there they put an end to his Villainy and his Life. In Ulster, Jenico de Artois, the famous Gascoigne, behaved himself briskly, and slew eighty of the Rebels in a Skirmish he had with them. But on the twenty first of May (or rather the thirteenth of June) the Parliament began at Dublin, 1410. and made it Treason to take Coin and Livery; Lib. D. and on the tenth of July the Lord Justice took the Castles of Mibraclide in Offerol, and De-la-mare. It seems he proceeded to invade O Birns Country, with fifteen hundred Kerns, or Irish Soldiers; and the Consequence was, that they betrayed him, and half of them went over to the Enemy; so that it had gone hard with the Lord Justice, if the Power of Dublin had not been there; and yet he escaped not without loss, for John Derpatrick was there slain. The next Year was probably more quiet; 1411. for there is nothing recorded of it, except some considerable Marriages amongst the Grandees. On the tenth of April, 1412. O Connor did much Mischief in Meath, and took an hundred and forty English; and O Tool and Thomas Fitz-Maurice Sheriss of Limerick, killed each other in a Duel. About this time the King granted the Town and Ferry of Inishonan, Lib. G. to Philip de Barry; and it is to be noted, that almost in every Parliament holden in England, during this Reign, the danger of Ireland is remembered, although very little was done for it, because of the frequent Troubles in England; and so we come to the 20th day of March, on which the King died, at the Abbot of Westminster's House, in the fourteen●h Year of his Reign, and of his Age the forty seventh. He died so very poor, that his Executors refused to administer, and therefore the Archbishop of Canterbury (who is Ordinary to the Court wherever it is) exposed the King's Goods to Sale, and King Henry the Fifth bought them, for the value to be paid the Executors, to be disposed of according to his Father's Will; Rolls Abr. 906. but it seems he never paid the Money; for it was afterwards ordained in Parliament, 4 Inst. 335, that the Executors should not be sued by the Creditors. The Bishop of Meath is said to have been Lord Justice, about the Year 1402. But because I do find him omitted by others, and do not find that he did any thing worth mention, I have therefore not inserted him as Lord Justice in Order. THE REIGN OF HENRY V King of England, etc. And LORD of IRELAND. HENRY the Fifth succeeded his Father without any opposition, and all the Nobility (taking it then for a Law, that the Crown belonged to the Heir of him that died last seized) swore Homage and Allegiance to him before Coronation; 1412. which was not usual in those days; but this Magnanimous Prince was so taken up with Designs against France, that Ireland was but little regarded in his Reign: For the present He continued in the Government Thomas, 1413. Prior of Kilmainham, who did not long remain therein, before he surrendered unto Sir John Stanley, Lord Lieutenant; he Landed at Clantarf the 7th of October, and on the 6th of January after, died at Ardee; whereupon, on the 11th of February, the Nobility elected Thomas Crawly, Lord Justice; He was twice Chancellor, and then Archbishop of Dublin, and was a Man of fingular Piety and Learning; and it is to be noted, That the Parliament sat at Dublin the 26th of February (so that it could not have above fifteen days of Summons, though the Day of the Lord Justice his Admittance to the Government, and the Day of the Session be included) the Irish burned the Pale, during this Parliament, as they used to do, and therefore a Tax or Tallage was demanded, but not granted; and so that Parliament was dissolved, after it had sat fifteen Days. However, 1414. the valiant Jenico de Artois invaded the Territory of Macgenis, but was so unfortunate to lose many of his Men at Inor; whereupon the Irish grew so insolent, that the Lord Justice was necessitated to go out in person: However, he went no farther than Castledermond, and there (entrusting the Army with the Military men) he remained with his Clergy in Procession, and at Prayers for the Success of his small Army; and the Event answered his expectation; for the English slew an hundred of the Irish near Kilkea; but that small Victory was soon overbalanced by a Defeat, which the English of Meath received from O Connor, on the 10th of May, to the Loss of Tho. Maureverar, Baron of Shrine, and many others, and to the imprisonment of Christopher Fleming and John Dardis. This Loss discovered the necessity of sending a Martial Man to the Government of Ireland, and therefore on the 10th day of September Sir John Talbot, Lord Furnival, Lord Lieutenant, Landed at Dalkye, and immediately made a Circular Progress round the Pale in warlike manner: He began with the Birns, Tools, and Cavenaghs on the South, and so passing to the O Moor, O Connors, and O Ferrals in the West, and ending with the O Relies, Mac Mahons, O Neals and O Hanlons in the North; he brought them all to the King's Peace; but he brought no Forces with him out of England; and therefore though he had Strength enough to make them seek Peace, yet he was in no wise able to reduce them to the Obedience of Subjects, or enlarge the Limits of the Pale; however what he did, was held so considerable, that the Lords and Gentlemen of the Pale made Certificate of this great Service in French, to the King: Nevertheless the Army was so ill paid in this March, that the Subject suffered more from the Cess of the Soldier, than they gained by this small and temporary mortification of the Irish; and this was the common Calamity from hence forward; so that Necessity revived Coin and Livery again by degrees, notwithstanding that it remained Treason by Act of Parliament. In August the Parliament met at Dublin, 1415. and sat six weeks, during which time, the Irish followed their usual Course of falling upon the English, and killed Thomas Ballymore of Ballyquelan, and many others; and on the 22th day of October, the King obtained a most glorious and entire Victory over the French, at the Battle of Agincourt. But the Parliament was adjourned to Trim, 1416. and there it sat on the 11th of May, and continued seven days, and gave the King a Subsidy of four hundred Marks in Money; and the next year the Prior of Kilmainham with sixteen hundred Irish went to aid the King in France; 1417. they Landed at Harslew in Normandy, and did the King very good Service. But I should have remembered, That the King and Parliament at Westminster, anno 1413. did Enact, That for the Peace and Quietness of England, and for the increase and enstoring of Ireland, That all Irishmen, Irish Clerks, Beggars, and Chamberdekins, be voided out of England before All-Saints next, Lib. M. except Graduates in Schools, Sergeants and Apprentices at Law, and such as be Inheritors in England, and Religious Persons professed, and Merchants of good Name, and Apprentices now dwelling in England, and those whom the King will dispense with, and that all Irishmen, who have Offices or Benefices in Ireland, shall dwell in Ireland, for the defence of the Land. And now 4 Hen. 5. Lib. M. It was likewise Enacted in England, that all Archbishops, Bishops, Abbots and Priors, of the Irish Nation, Rebels to the King, that shall make any Collation, or Presentment to Benefices in Ireland, or bring with them any Irish Rebels, among the Englishmen, to the Parliament, Councils, or other Assemblies, within the same Land, to know the Privities or States of the Englishmen, their Temporalities shall be seized, till they fine to the King, and that the Governors of Ireland be defended, and restrained, to grant such Benefices or Pardons, in the case, to Irish Persons, not English, and that such Licenses shall be void. There is very little recorded of the Year 1418, 1418. and it is scarce worth mentioning, That the Lord Lieutenant did spoil the Tenants of Henry Crus and Henry Bethel, probably for some Misdemeanour by them committed against the Government. But the Year 1419. 1419. will afford us more Matter; for on the last Day of May, the Lord Lieutenant (accompanied by the Archbishop and Mayor of Dublin) razed the Castle of Kenun, having a little before in the same Month, taken Prisoner Mac Morough, the chief Captain of his Nation, and on the 20th of June, the Lord William de Burgh took O Kelly, and slow five hundred Irish in Connaught; but the Lord Lieutenant was sent for to England, and substituted his Brother Richard Talbot, Archbishop of Dublin, Lord Justice (or Deputy.) He held a Royal Council (i. e. a Parliament) at the Naas, which gave a Subsidy of three hundred Marks. On Maundy-Thursday, O Tool took four hundred Kine from Ballymore, and so broke the Peace, contrary to his Oath; but it fared worse with the Irish at Rodiston, where thirty of them were slain by the English, under the Command of the Lord Justice; but on the 4th day of April, Landed at Waterford James, 1420. Earl of Ormond, Lord Lieutenant: His Commission is very large, and beareth Date the 10th of Febr. 7 Hen. 5. and is to be seen, Pryn 412. He held a Council at Dublin, the 23th of April, and summoned a Parliament to meet the 7th of June; which did accordingly then meet, and sat sixteen days, and gave the King a Subsidy of seven hundred Marks, and adjourned to Monday after S. Andrews Day; and at that Session, they gave another Subsidy of three hundred Marks, and the public Debts contracted by the Lord Talbot, were paid; and then they were Adjourned to the Monday after S. Ambrose's Day. But it will be convenient to show the Reader who paid these Subsidies, and what their respective Proportions were; and thereby he will perceive the vast Alteration (for the better) that is made in the State of Ireland since those Days: This Subsidy was called Tertium Subsidium, and was applotted thus; Lib. CCC. Lib. s. d. The Clergy of the County of Wexford, 13 06 08 The Commons of Kildare, 34 10 05 The Clergy of Kildare, 04 02 10 Commons of Typerary, 08 11 04 Clergy of Cashel, 00 19 04 Commons of Limerick, 02 03 00 Clergy of Limerick, 00 08 01 Kingsale, 01 16 08 Mar s. d. Meath Liberty, 83 00 00 Clergy of Meath, 40 00 00 Clergy of Dublin, 11 11 08 Drogehda, 04 03 00 Commons of Carlow, 04 01 04 Clergy of Ossory, 02 00 11 Commons of Kilkenny, 18 05 11 Commons of Louth, 25 12 05 Clergy of Ardes, 08 08 09 Commons of Dublin, 40 10 00 City of Dublin, 06 10 00 Clergy Cathedral of Dublin, 11 11 08 Cork, 02 02 00 On the 28th of October, Thomas Fitz-Girald took Colmolin Castle, and the Parliament met again according to Adjournment, on Monday after S. Ambrose's Day, and ordered, that the Archbishop of Armagh, Sir Christopher Preston, and others, should go Commissioners to the King, to desire a Reformation of the State of the Land. At this Parliament John Gese Bishop of Lismore and Waterford, accused Richard O Hedian, Archbishop of Cashel, of Thirty Articles; the Principal of which were, First, Ware de Praesul. 170. That he loved none of the English Nation, nor gave any Benefice to any Englishman, and that he counselled other Bishops to do the like. Secondly, That he had counterfeited the Great Seal. Thirdly, That he designed to make himself King of Munster. Fourthly, That he had taken a Ring from the Image of S. Patrick (which the Earl of Desmond had offered) and gave it to his Concubine, etc. There was also a Contest between Adam Pory, Bishop of Cloyne, and another Bishop; but it is probable that the former Accusation was suppressed, because we find no farther Proceed upon them; and because the Archbishop seems to have been a more generous sort of Man; for he not only repaired the Cathedral of Cashel, and a Mansion-House or two, for his Successors, but also was otherwise a great Benefactor to that See, and liberal to Pious Uses; and the later Contest was transmitted to Rome. But we should return to the Lord Justice, 1422. whose Servants were, on the Seventh of May attacked and defeated by the Irish; Purcel Grant, and five and twenty English more were slain, and ten taken Prisoners, and two hundred escaped to the Abbey of Leix; and to revenge this, the Lord Justice invaded O Mores Country, and defeated his terrible Army in the red Bog of Asby; he relieved his own Men, and burnt and preyed the Rebels Lands for four days, until themselves came and sued for Peace. And it seems O Dempsy, notwithstanding his Oath of Obedience, invaded the Pale, and took the Castle of Ley from the Earl of Kildare, which the Lord Justice had justly restored to the Earl; whereupon Campion makes a severe Remark on the Irish; That notwithstanding their Oaths and their Pledges, they are no longer true, than they feel themselves the weaker. In the mean time, Mac Mahon played the Devil in Vrgile, and burnt and spoiled all before him; Camp. 97. but the Lord Justice also revenged that Prank, and forced Mac Mahon to submit; and many other Noble Exploits did this good Governor; for whose Success the Clergy of Dublin went twice every week in solemn Procession, praying for his Victory over those disordered Persons, which now in every Quarter of Ireland had apostatised to their old Trade of Life, and repined at the English. And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG. 24. at Lambeth, whereby this Earl of Ormond constituted James Fitz-Girald, Earl of Desmond, his Seneschal of the Baronies (or Signiories) of Imokilly Inchicoin, and the Town of Youghal, during his Life, I have no more to add, but that this Victorious King, after he had conquered France, submitted to the common Fate on the last Day of August 1422, in the Flower of his Age, and the Tenth Year of his Reign. THE REIGN OF HENRY VI King of England, etc. And LORD of IRELAND. HENRY the Sixth, was but nine Months old at the Death of his Illustrious Father, 1422. and therefore the deceased King had (by his last Will) appointed John Duke of Bedford to be Regent of France, Humphrey Duke of Gloucester to be Governor of England, and Thomas Duke of Excester and Henry Bishop of Winchester, to be Guardians of the Young King's Person: All which was duly observed, and the Infant King was proclaimed in Paris, and the Nobility that were there swore Allegiance to him. James Earl of Ormond continued Lord Lieutenant of Ireland, and upon a Petition preferred by the House of Commons, to the King, about the manifold Murders, Robberies, Rapes, Riots, and other Misdemeanours, committed by the Irish in England, Lib. M. it was enacted there, That all Persons born in Ireland, should quit England within a time limited; except Graduates in either University, Clergymen beneficed, those that have Land in England, or are married there, or those whose Parents are English; and even such are to give Security of their good Behaviour. And not long after, came over Edmond Mortimer, 1422. Earl of March and Ulster, Lord Lieutenant: He died afterwards of the Plague, at the Castle of Trim, which was his own Inheritance: And in his stead came John Lord Talbot, 1425. Lord Justice. In whose time the Barretts (a Family of good account near Cork) did by Indenture covenant to be obedient to the Earl of Desmond, who was exceeding Powerful, and lorded it over great part of Munster, with a high Hand. This Governor resigned to James Earl of Ormond, 1426. Lord Justice: In whose time John Duke of Bedford, 4 Instit. 360. Regent of France, obtained a Patent for all the Mines of Gold and Silver within England, Ireland, etc. rendering to the Church the tenth Part, to the King the fifteenth Part, and to the Owner of the Soil the twentieth part. And then Sir John de Grace, 1427. Lord Lieutenant, landed at Ho●th the thirty first of July, and was sworn the next Day, but no mention is made of any thing he did; but that he went for England, and left Edward Dantzy Bishop of Meath, 1428. his Deputy: He was for a time Treasurer of Ireland, and died the fourth of January, 1428. Upon Notice whereof Sir John Sutton, Lord Dudley, was sent over Lord Lieutenant: He held a Parliament in Dublin, Friday next after the Feast of All Saints; 1429. at which it was enacted, That the Sheriff, upon Pain of Amercement, should add to the Panel of Jurors, the Place, Estate and Mystery of every Juror. And in the Preamble to this Act the Lord Lieutenant is Styled, The Right Noble and Right Gracious Lord. And on the sixth of the same November, the King was crowned at Westminster: And soon after the Lord Lieutenant returned, and left Sir Thomas Strange, 1429. Lord Deputy, in whose time the King was crowned at Paris, 1431. and took the Oaths and Homage of the Nobility and People there. And now happened the famous Case of the Prior of Lanthony, which was, That a Judgement in the Common Pleas being removed to the Irish Parliament, was affirmed there; Whereupon a Writ of Error was sent from England, but the King's Bench in England would not take cognizance of a Judgement in the Parliament of Ireland, to reverse it: And therefore the Prior petitions the King, That the Record may be transmitted to the House of Lords, in England, to be examined there. Sir Thomas Stanley was made Lord Lieutenant of Ireland; 1432. and it seems that he called a Parliament, which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England, leaving Sir Christopher Plunket Lord Deputy; 1432. he was afterwards Baron of Killine, in Right of his Wife, Heir of the Cusacks, and his second Son became Baron of Dunsany. But, Sir Thomas Stanley, 1435. Lord Lieutenant, returned, and gave a Check to the Irish, who were insolent beyond Measure, and encroaching everywhere on the Pale, making the best Advantage of the King's Minority, and the Absence of the Military Men in France; but the Lord Lieutenant, with the Power of Meath and Vriel, took Moyle O Donel Prisoner, and slew a great many of the Irish. And afterwards (about Michaelmas) he went again to England, and left Richard Talbot Archbishop of Dublin, 1436. (Brother to the Earl of Shrewsbury) Lord Deputy; he was sometime Lord Chancellor of Ireland, and was elected Primate of Armagh; but he refused to change his Bishopric. Lion Lord Wells, 1438. Lord Lieutenant, in whose time a second Law was made in England, Lib. M. obliging the Irishmen to return into their Native Country. And another Statute was made in Ireland, to stop the Passage of any more into England. And on the twelfth of June, 17 Hen. 6. Robert Fitz-Geofry Cogan, granted all his Lands in Ireland (being half the Kingdom of Cork) to James Earl of Desmond, and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore, Lib. G. Downdrinane, alias Castlemore, Rathgogan, Bever, Shandon, Dofglass, Ocorbelethan, Kyrricurry, etc. and though it is manifest, by innumerable Records, That the Kingdom of Cork did by the Heirs General descend to Carew and Courcy, who are charged in the Exchequer for the Crown-Rent of it for many Years, viz. sixty Pound a piece per annum; yet this Conveyance from Cogan (the Heir-Mail) was Pretence enough in those Times, for the powerful Earl of Desmond to seize on that great Estate. Richard Talbot, 1440. Archbishop of Dublin, was again Lord Justice, and held a Parliament at Dublin, Friday after the Feast of S. Dunstan; at which it was enacted, I. That no Purveyor or Harbinger should take any thing without Payment: And if he did the Proprietor might resist. II. That Comrick, or Protection of Tories be Treason. III. That charging the King's Subjects with Horse or Foot, without Consent, is Treason. iv That the Party who desires a Protection, (cum clausa Volumus) shall make Oath in Chancery of the Truth of his Suggestion, etc. But to make Provision for War, Davis, 52. in lieu of the former Exactions, it was enacted, That every twenty Pound-worth of Land should be charged with the furnishing and maintaining an Archer on Horseback. This Lord Justice resigned to James Earl of Ormond, Lord Lieutenant; who the same Year surrendered to Lion Lord Wells, Lord Lieutenant; who probably did not come to Ireland, but deputed James Earl of Ormond, Ware, de Praesulibus, 170. Lord Deputy: He had the Temporalities of the See of Cashel granted to him for ten Years, after the Death of O Hedian, and kept the Government of Ireland, until William Wells, 1442. Esq was made Lord Deputy (to his Brother the Lord Wells). Ibid. 115. In his time a Parliament was held at Dublin, which sent Richard Talbot, Archbishop of Dublin, and John White, Abbot of S. Mary's, to the King, to represent the Miserable Estate and Condition of Ireland, whereby the Public Revenue was reduced so low, Lib▪ G. that it was less than the necessary Charge of keeping the Kingdom by one thousand four hundred and fifty six Pounds per annum: And soon after James Earl of Ormond was made Lord Lieutenant; 1443. and 23 Hen. 6. obtained a Licence to be absent for many Years, without incurring the Penalty of the Statute of 3 Rich. 2. of Absentees; and to him a Writ was sent, 20 H. 6. to eject John Cornwalsh, and to place Michael Griffin, Chief Baron, in his room, because the King had granted him that Office for Life, though the other had a prior Patent from Ormond. This Lord Lieutenant was a fast Friend to the Earl of Desmond, who probably was of his Faction, against the Talbots, between whom and the Butlers the Feud was so great, so general, and so violent, that no Justice could be had, or any business done for a long time, because either Party (as it got Advantage) oppressed the other, 23 Hen. 6. in Turri London. pars 2. m. 12. to the utmost degree. It was about this time that James, Earl of Desmond obtained a Patent for the Government or Custody of the Counties of Waterford, Cork, Limerick and Kerry. And not long after, for his good Service, in keeping those Counties in Peace; and upon Pretence that he could not conveniently be absent from that Charge; and that it was dangerous for a Man (so hated by the King's Enemies as he pretended to be) to travail to Dublin, he obtained a Licence, To absent himself, during Life, from all future Parliaments, sending a sufficient Proxy in his stead: And also to purchase any Lands he pleased, by whatsoever Service they were holden of the King. And this is the true Foundation and all the Grounds of that fantastical Privilege, claimed by the succeeding Earls of Desmond, Of not coming into walled Towns, nor to Parliament, but when they please: And since that time this Example has been so infectious, that it is no strange thing in Ireland, to find a Tenant at Will pretend a Title, and a Lessee to claim an Inheritance, and he that has a Right to something, confidently to usurp more. But the Faction of the Talbots began to get Ground among the People, it being in the nature of Mankind to be mutinous against an uneasy Government, be the Fault where it will, for the Multitude consider what they feel, and cannot penetrate into the Cause or Cure of their Grievances; and therefore they naturally fall upon the most obvious Remedy, which is the change of the Governor. In order to remove the Lord Lieutenant, some of the Lords and more of the Commons, petitioned the King, setting forth, That the Earl of Ormond was old and feeble, and had lost many of his own Castles for want of Defence, and therefore was not likely to maintain, much less enlarge the King's Possessions in Ireland. Secondly, That he made such of his Irish Servants Knights of Shires, as would not consent to any good Law; and that he dispensed with the Absence of the Lords from Parliament, for Mony. Thirdly, That he sent several Subject's Prisoners to O Dempsy's Castle, and forced them to pay Ransom. Lib. M. And therefore they desired he might be superseded, and at length prevailed to have it so, although the Bishop of Cork and Cloyne, the Dean and Chapter of Cork, the Corporations of Cork and Youghal, the Lords Barry, Roch, and others, gave a full Testimonial of the great Services the Earl of Ormond had done. And, John Talbot, 1446. Earl of Shrewsbury, was not only made Lord Lieutenant, but also on the seventeenth of July, 24 Hen. 6. the King granted to him the City and County of Waterford, and the Dignity and Style of Earl of Waterford, together with Jura Regalia, Wreck, etc. from Youghal to Waterford, because that Country is waste, Et non ad pro●icuum, sed ad perditum nostrum redundat. And the Patent is, Per breve de Privato Sigillo, authoritate Parliamenti. This Lord Lieutenant held a Parliament at Trim, 1447. on Friday after the Epiphany; at which it was enacted, I. That any Officer may travail by Sea from one Part of Ireland to another, without forfeiture, or any where with Licence. II. That no Toll or Customs shall be taken in Highways, but only in Cities and Towns, according to Right, on Pain of paying twenty Shillings for every Penny. III. Every Man must keep his Upper-Lip shaved, Repealed, 11▪ Car. 1. cap. 6▪ or else may be used as an Irish Enemy. iv If any Irishman that is denized, Repeal. ibid. kill or rob, he may be used as an Irish Enemy, and slain (by this Act appears the Inconvenience of those Denizations). V Against unlawful coin, Repeal. ibid. O Reyly's Money, clipped Money, and gilt Harness or Armour. VI That the Sons of Husbandmen and Labourers shall follow their Father's Calling or Occupation. VII. That Lords of Parliament, in Pleas Real or Personal, shall not be amerced more than others. VIII. To discourage the Transportation of Bullion, the King shall have twelve Pence Custom out of every Ounce. Upon his Return to England the Lord Lieutenant accused the Earl of Ormond of Treason, Burlace, 78. before the Duke of Bedford, Constable of England, in the Marshal's Cou●t; but the King abolished the Accusation. Richard Talbot, 1447. Archbishop of Dublin, Lord Deputy, he wrote a Tract, de Abusu Regiminis Jacobi Comitis Ormondiae, dum Hiberniae esset locum tenens. Ca●ton chron. And it seems Thomas Fitz-Thomas, Prior of Kilmainham, was on the Archbishop's side, for he accused the Earl of Ormond of Treason, and the Combat was appointed between them, at Smithfield, in London; but the King did interpose and prevent it. Hitherto the English had made but a bordering War in Ireland, and that itself but very unluckily; and the small Army that was kept on foot was ill paid; and therefore more hurtful to the Subject by their Oppression than to the Enemy by their Valour; so that it was necessary to send some great Man thither, and no Body so fit for it as Richard Duke of York, Earl of Ulster, March, Rutland and Cork, Lord of Conagh, Clare, Trim and Meath; for besides his Quality and Valour, he had a great Estate in that Kingdom; and it answered another Design of the Cardinal of Winchester, (who did then in effect govern England) which was, to remove this Duke from the Regency of France, to make room for the Duke of Somerset; and so he was made Lord Lieutenant of Ireland, 1449. and landed at Hoath the fifth of July, 1449. But the Duke of York, who fathomed their Designs, and had other Intrigues of his own, would not accept of the Government of Ireland, Davis, 51. but upon very advantageous Conditions, which were reduced to Writing by Indenture, betwixt the King and him, and are recorded by Act of Parliament in Ireland, and were to this effect. I. That he should be the King's Lieutenant in Ireland for ten Years. II. That to support the Charge of that Country, he should receive the whole Revenue certain and casual, without Account. III. That he should be supplied with Treasure out of England, in this manner, viz. four thousand Marks the first year, whereof he should be imprested two thousand Pounds beforehand; and for the other nine years he should receive two thousand Pounds per annum. iv That he might let the King's Lands to Farm, and place and displace all Officers at his Pleasure. V That he might Levy and Wage what Number of Soldiers he thought fit. VI That he might make a Deputy, and return at his Pleasure. I do not find that this Lord brought over any considerable Forces with him, or that he was able to keep any such on foot here, not only because his Allowance was but small, but also because that small Allowance was ill paid, as appears by his passionate Letter to his Brother-in Law the Earl of Salisbury; which is to be found Registered by Mr. Campion, pag. 99 At his first coming, 1450. the Irish were very insolent; but he won upon them strangely, Lib. M. partly by force, and partly by their own Art of Wheedling: He held a Parliament at Dublin in October, Friday before S. Luke's Day, and the Bishops of Leighlin, Ossory, Down and Limerick were fined for not coming to it: This Parliament Enacted many good Laws, viz. 1. That no Marcher or other keep more Horsemen or Foot than they can maintain, and will answer for; and that they give in a List of their Names to the Sheriff, etc. 2. It suppresseth Coynees, Rep. 11. Car. 1. c. 6. Cuddies and Night-suppers; and well sets forth the Grievances of those Times. 3. That the Accuser shall give Security to pay the Damages of the Defendant, if the Impeachment be found untrue. 4. That every man may kill Robbers and notorious Thiefs, and shall have a Penny out of every Plow-land, and a Farthing from every Cottage, for his Reward. 5. That the great Officers of the Kingdom shall not give Protections to any other than their Menial Officers and Attendants. This Lord Lieutenant also held another Parliament at Drogheda, in April, on Friday before S. Mark's Day; which Enacted, 1. That if the Remembrancer issue Process against any body that is discharged on Record in the Exchequer, he shall forfeit his Office, and triple Damage. 2. That the Chancellor, Treasurer and Judges, or one of them, be present at all Commissions of Oyer and Terminer, in the Counties of Dublin, Kildare, Meath, and Vriel. 3. That no body shall sell Liquor but by Sealed Measures. It seems that some of these Statutes were occasioned by a doleful Letter sent from Cork, which the Irish Historians place in the Reign of Henry the Fourth, and yet direct it to the Earl of Rutland and Cork; and therefore it will be more properly applied to this Time when he was Lord Lieutenant, and follows in haec Verba: IT may please your Wisdoms to have pity of us, Camp. 94. the King's poor Subjects within the County of Cork, or else we be cast away for ever; for where there was in this County these Lords by Name, besides Knights, Esquires, Gentlemen and Yeomen, to a great number, that might dispend yearly eight hundred pounds, six hundred pounds, four hundred pounds, two hundred pounds, one hundred pounds, one hundred Marks, twenty pounds, twenty Marks, ten pounds, some more, some less, to a great number, besides these Lords following; First, The Lord Marquis Carew, his yearly Revenues, were, besides Dorsey-Haven and other Creeks, two thousand two hundred pounds sterling. The Lord Barnewale of Bear-haven, his yearly Revenues were, besides Bear-haven, and other Creeks, sixteen hundred pounds sterling. The Lord Uggan of the great Castle, his yearly Revenues were besides Havens and Creeks, one thousand three hundred pounds sterling. The Lord Balram of Emforle, his yearly Revenues were, besides Havens and Creeks, one thousand three hundred pounds sterling. The Lord Courcy of Kilbreton, his yearly Revenues, besides Havens and Creeks, one thousand five hundred pounds sterling. The Lord Mandevil of Barnhely, his yearly Revenues, besides Havens and Creeks, one thousand two hundred pounds sterling. The Lord Arundel of the Strand, his yearly Revenues, besides Havens and Creeks, one thousand five hundred pounds sterling. The Lord Baron of the Guard, his yearly Revenues besides Havens and Creeks, one thousand one hundred pounds sterling. The Lord Sleynie of Baltimore, his yearly Revenue, besides Havens and Creekss, eight hundred pounds sterling. The Lord Roche of Pool Castle, his yearly Revenues, besides Havens and Creeks, one thousand pounds sterling. The King's Majesty hath the Lands of the late young Barry by Forfeiture, the yearly Revenues whereof, besides two Rivers and Creeks, and all other Casualties, is one thousand eight hundred pounds sterling. And at the end of this Parliament, your Lordship, with the Kings most Noble Counsel, may come to Cork, and call before you all these Lords and other Irishmen, and bind them in pain of loss of Life, Lands and Goods, that never any of them do make War upon another without Licence or Commandment of you my Lord Deputy, and the King's Council, for the utter destruction of these parts is that only cause, and once all the Irishmen and the King's Enemies were driven into a great Valley, called Glanehought, betwixt two great Mountains, called Maccorte or the Leprous Island, and there they lived long and many years, with their White-Meat, till at the last, these English Lords fell at variance among themselves, and then the weakest part took certain Irishmen to take his part, and so vanquished his Enemy; and thus fell the English Lords at variance among themselves, till the Irishmen were stronger than they, and drove them away, and now have the whole Country under them, but that the Lord Roch, the Lord Courcy, and the Lord Barry only remain, with the least part of their Ancestors Possessions, and young Barry is there upon the King's Portion, paying his Grace never a penny of Rent; wherefore We, the King's poor Subjects of the City of Cork, Kinsale and Youghal, desire your Lordship to send hither two good Justices, to see this Matter ordered, and some English Captains with twenty Englishmen, that may be Captains over us all; and we will rise with them, to redress these Enormities, all at our own Costs; and if you do not, we be all cast away, and then farewell Munster for ever; and if you will not come nor send, we will send over to our Liege Lord the King, and complain on you all. However, I will not pretend to be exact in the timing of this Letter. This Lord Lieutenant had a Son born at Dublin, well known afterwards by the Name of George Duke of Clarence, to whom the Earls of Ormond and Desmond were Godfathers; and thereupon Desmond grew so insolent and haughty, that his Oppressions were the chief Cause of the aforesaid Letter from Cork; but it is probable that the Lord Lieutenant returned to England, and left James Earl of Ormond (afterward Earl of Wiltshire, 1451. and Lord Treasurer of England) Lord Deputy; in whose time, Sir John Talbot was made Lord Chancellor of Ireland, and it seems Complaint was made against him, because he put in a Deputy in his room absque Regis licentia: Lib. CCC. This Lord Deputy was made Lord Lieutenant, and went for England, leaving John Mey, Archbishop of Armagh, Lord Deputy; 1453. wherewith the Government of England being dissatisfied, a Writ was sent to the Earl of Ormond, commanding him Quod circa praemissis intenderet. I suppose the Reason might be, because there was a Necessity for the Presence of a Military Governor, of Power and Authority in that Kingdom, to repel the daily Incursions of the Irish into the Pale; and therefore Ormond not being willing to come over, the Government was committed to Thomas Earl of Kildare, 1454. Lord Deputy, who held it only until the arrival of Sir Edward Fitz-Eustace, Lord Deputy to the Duke of York: Who held a Parliament in Dublin; at which it was enacted, I. That all Statutes against Provisors in England or Ireland, should be held in Force. II. That Inquests before Coroners shall be discharged after a second Verdict, that they do not know the Felon. III. That no Appeals shall be to England, except for Treason against the King's Person; and in all false Appeals the Plaintif shall pay Damages, and twenty Pound and one hundred Shillings Fine. In the mean time the Duke of York (in England) obtained a famous Victory over the King's Forces at S. Alban, where the Duke of Somerset was slain, and the King himself was wounded in the Neck, and afterwards on the ninth of July he was made Protector of the King's Person, by Parliament: And in Ireland Thomas Earl of Kildare was Lord Deputy to the Duke of York, 1455. and held a Parliament at Dublin; wherein it was enacted, I. That no Exigents nor Outlawries be made by Commissioners. II. That the Recorder of Dublin and Drogheda, shall have but two Pence for every Plaint. III. That every Man shall answer for his Sons and waged Men. iv An Act about Escheators. V That a Parliament should be held every Year. And he held another Parliament at the Naas, Lib. M. 48. Friday after All Saints; which enacted, I. That all Strangers pay forty Pence per Pound Custom for transporting Silver. II. That every Man shall answer for his Sons, except in Cases Capital. III. That no Person, not amesnable to Law, shall distrain, without Licence, on pain of forfeiting his Title. And he held another Parliament at Dublin, Friday after the Purification; at which it was established, I. That Beneficed Persons should reside. II. That the Inhabitants, to enclose the Village, might remove the Highway forty Perch. Richard Duke of York, 1459. upon the Revolt of Andrew Trollop and the Callicians, broke up his Army and fled, first to Wales and afterwards to Ireland▪ where he was kindly received, and (by his Deputy the Earl of Kildare▪) he held a Parliament at Dublin, the third of February; which enacted, That Warrants to the Chancellor bear the Date of the Delivery, and that the Patents be of the same Date, or else be void. And the same Day twelve month he held another Parliament at Drogheda; 1460. wherein it was enacted, That no Man should sue in the Exchequer, but a Minister of that Court, on pain of ten Pound. This Duke and his Abettors were in a Parliament at Coventry declared Traitors; and thereupon the Earl of March came to his Father into Ireland, and soon after returned to Calais, and thence invaded England at Sandwich; and on the ninth of July he fought and defeated the King at Northampton, and took him Prisoner; whereupon the Duke of York went to England, and called a Parliament in the King's Name; and in that Parliament boldly claimed his Title; and so it was enacted, That King Henry should keep the Crown during his Life, and the Duke should be declared Heir apparent, and in case of Opposition or farther Bustle about it, should have present Possession: But not long after the Duke was defeated, and slain at the Battle of Wakefield. This Duke behaved himself exceeding well in Ireland, he appeased the Tumults there, and erected Castles on the Borders of Louth, Meath and Kildare, to stop the Irish Incursions, and was so well esteemed in that Kingdom, that Multitudes of the Irish Subjects attended him into England, to pursue his Claim to the Crown. Nevertheless the Public Revenue was but very low, because the whole Kingdom was in Possession of the Irish, except the Pale, and some few Places on the Sea-Coast in Ulster; and even that was so far from being quiet, that they were fain to buy their Peace by yearly Pensions to the Irish, and to pay Tribute and Contributions to them for Protection; which nevertheless was but very ill observed to the English. It cannot be expected I should give the Reader an exact List of all that did pay this scandalous Contribution, Lib. P. 174. and yet I am not willing to conceal from him the Account I have met with, which is as follows: lib. The Barony of Lecale to O Neal of Clandeboy, per annum 20 The County of Vriel, to O Neal 40 The County of Meath, to O Connor 60 The County of Kildare, to O Connor 20 The King's Exchequer, to Mac Morough 80 Marks. The County of Wexford, to Mac Morough 40 The Counties of Kilkenny and Typerary, to O Carol 40 The County of Limerick, to O B●●an 40 The County of Cork, to Mac Carty of Muskry 40 And whilst the English were engaged in England, the Irish advantaged themselves of the Opportunity; and without Colour of Right usurped many considerable Estates (as they had done before in the time of Richard TWO); and these two Seasons set them so afloat, that they could never since be cast out of their forceable Possessions, holding by plain Wrong the most part of Ulster; and upon very frivolous Pretences great Portions of La●d in Munster and Connaugh. And so we are come to the end of this unfortunate Reign, which determined some Years before the King's Life, for he did not die until the twenty first Day of May, 1472. And it must not be forgot, That one of the Articles against this King was, That by the Instigation of divers Lords about him, he had wrote Letters to some of the Irish Enemy, whereby they were encouraged to attempt the Conquest of the said Land of Ireland. THE REIGN OF EDWARD IU. King of England, etc. And LORD of IRELAND. EDWARD Earl of March, 1460. Son and Heir of Richard Duke of York, immediately after his Father's Death, at the Battle of Wakefield, betook himself with all Diligence to gather an Army near Shrewsbury, and having got twenty three thousand Men together, on the second of February he defeated the Earls of Ormond and Pembroke near Mortimers-Cross, and killed three thousand eight hundred of their Soldiers; and although the Queen, not long afterward, defeated the Earl of Warwick, at Bernard-Heath near S. Alban, yet he wisely made slight of that Misfortune, and without any Regard to it, marched directly to London, where, on the fourth Day of March, by virtue of the aforementioned Act of Parliament, he was proclaimed King, by the Name of Edward the Fourth. He was, as to his Person, the goodliest Man of his Time, and he was not less Valiant than beautiful. On the twelfth of March he advanced against his Enemies, and on Palm-Sunday, with an Army of forty thousand and six hundred Men, he encountered with sixty thousand, and obtained so great a Victory, that thirty six thousand seven hundred and seventy two of his Adversaries were slain: And so being safe in his Throne, 1461. he thought it time to put the Crown upon his Head; which was solemnly performed on the twenty eighth Day of June. In the mean time, Thomas Earl of Kildare, was on the thirtieth of April chosen Lord Justice by the Council of Ireland, and continued so until Sir Rowland Fitz-Eus●ace, 1462. Lord of Portlester and Treasurer, was appointed Deputy to the Duke of Clarence: He held a Parliament at Dublin, Friday before S. Luke's Day, which enacted, That ten Pound per annum, Davis, 96. be received out of the Profits of the Courts, to repair the Castle hall. It seems that one William O▪ Bolgir was made Denizen about this time; Lib. G. and that on the fourth of May▪ 1463. Robert Barnwal was made Baron of Trimletstown; and it must not be forgot, That the Earl of Ormond was beheaded at Newcastle, and attainted by Parliament in Engla●d, ● 〈◊〉. 4. and that that noble Family was in Disgrace all this ●e●gn, for their firm adhesion to the House of Lancaster. This Lord Justice was long after this, in a very old Age, made Viscount Baltinglass, by King Henry VIII. and now was forced to resign to George Duke of Clarence, the King's Brother, who was made Lord Lieutenant for Life; and deputed his Godfather Thomas Earl of Desmond, Lib. M. Lord Deputy; in whose time Mints were established at Dublin, Trim, Drogheda, Waterford and Galway, to coin Groats, two Penny pieces, Pence, Halfpennies and Farthings: And not long after it was ordered, That English Money should advance a fourth Part in Ireland, viz. That an English Nine Pence should pass for a Shilling in Ireland, and a Shilling for sixteen Pence, and so proportionably. And it seems the Gold Noble (coined in the time of Edward III) was enhanced higher than the rest, for it was ordered to pass for ten Shillings. And this was the first time any difference was made, in the value of Money, between England and Ireland. This Lord Justice held a Parliament at ways, Friday before S. Martin's Day, 1463. which the Thursday after was adjourned to Waterford, to be held the Monday following: It was again, on Saturday before the Feast of Edward the Confessor, adjourned to Naas, Irish Statutes, 19 to be held Monday before S. Mathias Day; and thence (on the Friday after it met there) it was adjourned to Dublin, to be held Monday before S. David's Day; and there, on the Saturday after, it was dissolved; having first enacted, I. That all Parliament Men should have Privilege forty Days before and forty Days after every Sessions. And▪ II. That the Attorneys Fees be regulated. And, III. That clipped Money should not be currant. He held another Parliament at Trim, 1465. on Wednesday after S. Laurence his Day; at which it was enacted, I. That the like Challenge may be had against the Feofee, as against cestuy que use. II. That any Body may kill Thiefs or Robbers, Repealed, 11 Car. 1▪ c. 6. or any Person going to rob or steal, having no faithful Men of Good Name, in English Apparel in their Company. III. That the Irish within Pale shall wear English Habit, take English Names, and swear Allegiance, upon pain of forfeiture of Goods. iv That English and Irish, speaking English, and living with the English, shall have an English Bow and Arrows, on pain of two Pence. V That there be a Constable and Butts in every Town, And, Lastly, That no Foreign Vessels fish on the Rebel's Coast, on pain of Forfeiture. And every one that fisheth on the Coast of the Pale, to pay a Duty. But this Lord Justice (who was the greatest Man that ever was of his Family) began now to decline in the King's Favour, and was obliged to give place to John Lord Tiptoft, 1467. Earl of Worcester, Treasurer of England, and Constable of England for Life, Lord Deputy of Ireland; he was one of the most learned and eloquent Men in Christendom; and held a Parliament at Drogheda: At which it was enacted, I. That the Governor, for the time being may pass into Islands. II. That none shall purchase Bulls for Benefices from Rome, under great Penalty. III. That the King's Pardon to Provisors be void. iv That the Courts of Exchequer and Commonpleas be removable, at the Discretion of the chief Governor, on twenty eight Days notice. V That the Earls of Desmond and Kildare, and Edward Plunket, Esq as well for Alliances, Fosterage and Alterage, with the King's Irish Enemies, as in furnishing them with Horse and Arms, and supporting them against the King's Subjects; which is notoriously known to be against the King's Laws, and the laudable▪ Statutes of the Land, Lib. D. be attainted of Treason, and that whoever hath any of their Goods or Lands, and doth not discover it to the Deputy, within fourteen Days, shall be attainted of Felony. By virtue of this Act of Parliament, Davis, 186. the great Earl of Desmond was beheaded at Drogheda, the fifteenth of February, 1467. Report makes his Crime to be, That of extorting Coin and Livery: And the Irish say it was for an affront he put upon the Queen, for being of a noble Race, and a generous (or rather proud) Spirit; he despised the King's Marriage with so mean a Subject as the Lady Elizabeth Grey, and often said, She was a Tailor's Widow: Perhaps he had more reason than any Man, to speak bitterly against such Matches, because he had no other Title to the Earldom of Desmond, than by the Marriage of his Nephew (Thomas the fifth Earl of Desmond) to Katherine ni William mac Cormock, one of his Vassals; for which that Earl was so persecuted by his Relations, that he was forced to resign his Earldom to this his Uncle, who is commonly called by the Irish, Thomas of Drogheda: And it would be a very hard case, that the Nephew should be so abused for an Act which the King had justified by following the Example, and therefore the Uncle exclaimed against that Action as a thing too base to be imitated or excused. There is also another Vulgar Tradition about this matter, which seems very unlikely, Lib. P. if not impossible; and that is, That the Queen should steal the Privy Signet, and put it to an Order for his Execution. But it is well worth our Observation, Davis, 185. That as the Earls of Desmond were the first Introducers of Coin and Livery among the English, and the first that broached the distinction between English of Birth and English of Blood, and the first Peers that refused to come to Parliament upon Summons, so they were the only Peers that ever were executed in Ireland, and the only Noble English Family that was by the Hand of Justice extinguished there; so that this degenerate Family, which of all others was most injurious and ungrateful to the English Government, did suffer more by the same Government, than any other Family in that Kingdom; and those Exactions of Coin and Livery, which were the Foundations of their Grandeur, did at last prove the cause or occasion of their Ruin, in the person of Gerald the fifteenth Earl of Desmond. On the twenty sixth of February Edmond Lord Dunboyn, Lib. G. for taking Con O Connor Prisoner, and delivering him to the Lord Deputy, and for other Services he had done the State, obtained a Patent for ten Pound per annum, payable out of the Fee farm Rents of Waterford, forfeited by the Attainder of James Earl of Ormond, and also the Prisage of Limerick, Cork, Ross, Galway, Youghal, Kingsale, Dungarvan and Dingle, and the Lands of Castle-Richard in Meath, habendum during his Life. It is plain by many Circumstances, and particularly that of his short stay in Ireland, that this Lord Deputy came over merely to serve a turn, for as soon as the Earl of Desmond was executed, the Earl of Kildare was not only pardoned, but also the Lord Deputy hastened to England, and left Thomas Earl of Kildare, 1467. Lord Justice, and afterward Lord Deputy to the Duke of Clarence: Selden, 841. In whose time John Bold was made Baron of Ratooth. This Lord Justice held a Parliament at Drogheda; which enacted, I. That whereas it was doubted, October 1468. whether the Act of 6 Rich. 2. That Women consenting to Ravishers should forfeit their Inheritance, were of Force in Ireland, it is now put out of Doubt, and that, and all other English Statutes, made before that time, are confirmed here. II. Against Regrators and Engrossers. He also held another Parliament at the Naas, Friday after S. Andrew's Day; 1472. which was adjourned to Dublin, to the Friday after S. Gregory's Day; and enacted, I. That Staple Wares be not transported to Scotland, without payment of the Custom called the Coquet, upon Pain of Forfeiture of the same. II. That every Merchant shall bring twenty Shillings worth of Bows and Arrows into Ireland, Repeal. 10 Car. 1. ch. 22. for every twenty pounds' worth of other Goods he imports from England. III. That no Grain be transported out of Ireland, if the Market Price exceed ten Pence a Peck, on pain of forfeiting Ship and Goods. But it was all repealed by the Parliament, Lib. G. 18 Edw. 4. Nevertheless there was an Act of Parliament this Year of 12 Edw. 4. to this effect. That there should be a Fraternity of Arms of the number of thirteen Persons, Ex offic. magistr. Rot. in Castr. Dublin. Davis, 55. of the most Honourable and faithfully disposed, in the Counties of Kildare, Dublin, Meath and Louth, viz. three out of each County, and four from Meath, that is to say, Thomas Earl of Kildare, Rowland Eustace Lord of Portlester, Sir Rowland Eustace, Knight, for the County of Kildare; Robert Lord of Hoath, the Mayor of Dublin for the time being, and Sir Robert Dowdal, Knight, for the County of Dublin; the Lord Gormanstown, Edward Plunket, Seneschal of Meath, Alexander Plunket, Esq and Barnaby Barnewal, Esq for the County of Meath, and the Mayor of Drogheda, Sir Laurence Taaf, Knight, and Richard Bellew, Esq for the County of Louth: And that they and their Successors should yearly assemble at Dublin on S. George's Day, and there choose one of them to be Captain for the next year; the which Captain and Brethren shall be created a Society, by the Name of the Captain and Brethren at Arms; the Captain shall have an hundred and twenty Archers on Horseback, at six pence a Day for Meat Drink and Wages, and forty Horsemen, and forty Pages at five pence a day for him and his Page; and four Marks per annum, Wages; the Captain and Brethren, and their Successors, to support this Charge, shall have twelve pence per Pound out of all Merchandise sold in Ireland, whether it be imported or exported, except Hides and the Goods of the Freemen of Drogheda and Dublin, and the Mayors of Dublin and Drogheda to be the Receivers of the foresaid Poundage, the Fraternity shall have Power to make Laws for the good Governance of the Society, and to elect a new Brother in the place of any deceasing, and the Captain shall have Authority to apprehend all Outlawed Rebels, and others that will not be justified by Law. And this was the Original of the BROTHERHOOD of St. George▪ But to proceed; William Sherwood, 1475. Bishop of Meath, was Lord Deputy to the Duke of Clarence; he held a Parliament at Dublin Friday after the Feast of St. Margaret, which makes it Treason to bring Bulls or Apostiles from Rome, and orders the Lords of Parliament to wear Robes on pain of one hundred Shillings, and enjoins the Barons of the Exchequer to wear their Habits in Termtime, and Enacts, That if any Englishman be damnified by an Irishman not amesnable to Law, he may reprize himself upon the whole Sept or Nation; And that it shall be Felony to take a Distress contrary to Common Law, which was a very necessary Act in those Times, and is the only Act of this Parliament that is printed; and though it be an English Case, yet it may be useful in other Countries, and therefore we will mention, That George Nevil, Duke of Bedford was this Year degraded, 4th. Instit. 355. because he had not any Estate left to support the Dignity. Henry, 1478. Lord Grey of Ruthen, Lord Deputy, held a Parliament a Drogheda, which repealed all the Acts of the aforesaid Parliament of 12 Edw. 4. and then he resigned to▪ Sir Robert Preston, Lib. G. Lord Deputy, who on the 7th of August was created Viscount Gormanston; but he held the Government but a little time before he surrendered to▪ Girald Earl of Kildare, Lord Deputy; he held a Parliament at Naas, Friday after the Feast of St. Petronilla, which Enacted, 1478. 1. That Distresses taken for Rent might be sold. And, 2. That non-resident might be chosen Parliament-men; 1480. but on the twelfth of August, the Earl of Kildare was made Deputy to the King's Son, Richard Duke of York, for four years from the fifth of May following, Lib. M. by the Duke's Patent under the King's Privy Seal (quod nota) and the Earl by Indenture with the King, did Covenant to keep the Realm▪ surely and safely, to his power; and was to have eighty Archers on Horseback, and forty other Horsemen called Spears, and six hundred pound per annum to maintain them; and if the Irish Revenue cannot pay it, it shall be sent out of England. This Lord Deputy held another Parliament on Monday after the Translation of St. Thomas; at which it was Ordained, 1. That no Hawks should be carried out of the Kingdom without great Custom. And, 2. That the Pale should have no correspondence with the Irish; and it seems this Parliament Naturalised Con O Neal, Davis, 93●▪ who had married the Lord Deputy's Daughter. What the incomparable Spencer, in his View of Ireland, relates of the Duke of Clarence, and Moroughen Ranagh O Brian, is not to be placed in the Reign of Edward the Fourth, because George Duke of Clarence was never actually in Ireland, whilst he was Lord Lieutenant of that Kingdom, but always managed that Province by Deputies; and therefore I suppose, that what Spencer has related, will better suit with the Government of Lionel Duke of Clarence, in the Reign of Edward the Third, who did indeed marry the Heiress of Ulster, and performed the other Achievements Mr. Spencer writes of. It was in this King's Reign that the Jubilee, which before was every Fiftieth Year, was by Pope Sixtus the Fourth, brought to be every five and twentieth year, and that the Primacy of Scotland was settled upon the Archbishop of St. Andrews. And thus stood the Government of Ireland, during the Reign of King Edward the Fourth, who between the French King, the troublesome Earl of Warwick, the discontented Lords, and the Attempts of the Wife and Friends of Henry the Sixth, found so much work at home, that Ireland was in a manner neglected, and left to the Protection of the Fraternity of St. George, when on the ninth Day of April 1483, the King died in the two and fortieth Year of his Age, and of his Reign the three and twentieth. THE REIGN OF RICHARD III. King of England, etc. And LORD of IRELAND. UPon the Death of King Edward, his Son, the Prince of Wales (being then at Ludlow) was Proclaimed King, by the Name of Edward the Fifth; and in his way to London was persuaded, by the means of his Uncle the Duke of Gloucester, to dismiss great part of his Guards, as well to save the Charge, as to avoid giving Cause of Suspicion, and Reasons of Jealousy, to such as doubted, that so numerous an Attendance was entertained upon Designs prejudicial to them. And so having luckily mounted this first step to the Throne, the Duke of Gloucester proceeded to confederate with the Duke of Buckingham and the Lord Hastings, and by their assistance, he first seized on the Earl Rivers, and others of the King's Relations and Friends, and then got the King himself into his power, and brought him to London, using a thousand Artifices to make the People believe, that the Queen-mothers' Kindred designed the extirpation of the Ancient Nobility, the Slavery of the People, and the Ruin of the Kingdom. This Duke of Gloucester wheedled or bribed to that degree, that he was chosen Protector by the unanimous Consent of the Council, and afterwards got the King's Brother out of Sanctuary at Westminster, and under specious Pretences of their Security, both the Princes were conveyed to the Tower of London, in a most pompous and splendid manner, and there they were afterwards murdered, by the Appointment, if not by the Hands of their Uncle. King Richard took upon him the Regal Office on the 18th day of June, 1483. and before the Murder of his Nephews, and he was Crowned (together with his Queen) on the 6th day of July 1483. and being very busy in England, to establish the Crown he had usurped, he did not think it advisable to make any Alterations in Ireland, but continued in that Government. Gerald, Earl of Kildare, Lord Deputy (to Edward the King's Son) who held a Parliament at Dublin; wherein it was Enacted, That the Mayor and Bailiffs of Waterford might go in Pilgrimage to St. James of Compostella in Spain, leaving sufficient Deputies to govern that City in their absence. 2. That the Corporation of Ross might reprize themselves against Robbers, and that no Persons should alien their freehold in Ross to a Foreigner without the Licence of the Portriff and Council of that Town; but these being private Acts, are not Printed. It seems that the next Year the Earl of Kildare (as Deputy to the Earl of Lincoln, 1484. Lord Lieutenant) did hold another Parliament at Dublin, wherein six private Acts only were made▪ and not long after convened another Parliament at Trim, which either did nothing at all, or nothing worth mentioning; but a subsequent Parliament at Dublin, gave a Subsidy of Thirteen shillings and four pence out of every Plow-Land to the Deputy, towards his Charges in the Service he did against the Irish, wherein O Connor (it seems) was a Partner or Co-adjutor; for he also had ten Groats out of every Plow-Land in Meath, for his Reward. And this is all I find done in Ireland during this King's Reign, 1485. which ended at the Battle of Bosworth on the two and twentieth Day of August 1485. THE REIGN OF HENRY VII. King of England, etc. And LORD of IRELAND. HENRY TUDOR, 1485. Earl of Richmond, Heir of the House of Lancaster, by the Victory at Bosworth, obtained the Crown of England, and had the more solemn Possession of it at his Coronation, on the thirtieth Day of October following: To these two Pretences of Conquest and Possession, he added the more specious Title of an Act of Parliament; and yet thought himself not secure, until he married Elizabeth, Daughter of Edward IV, in whom the Right really lay, she being Heiress of the House of York: However, he governed as in his own Right, and that so absolutely, that he suffered not the Queen to intermeddle in State Affairs, even so much as was usual for the Wife of a King. Gerald Earl of Kildare, whom he found Deputy to the Earl of Lincoln, Wares Annals, 2. he continued Deputy to the Duke of Bedford; he also continued the Chancellor, Treasurer, and other Officers of State, whom he knew partial to the White-Rose, without joining others of his own Party with them, because he would thereby insinuate, That he had a Confidence in their Integrity, and that he was elevated above Fear or Suspicion. Nevertheless Sir Thomas Butler, Earl of Ormond (whose Family were fast Friends to the House of Lancaster, and for which they had suffered exceedingly) was not neglected, but was by Act of Parliament, in England, restored both to Honour and Estate, and soon after he was sworn of the Privy Council in England: Lib. G. Lamb. And it seems that the Family of Desmond was also restored, because I find that the Lord of Kerry did this Year recover some Lands in that County, by Assize, in the Court-Palatine there, before Thomas Copinger, Gent. Seneschal of the Liberties of Kerry, unto James Earl of Desmond. I should not have observed that Edmond Courcy was now made Bishop of Clogher, but that he was the first Englishman that ever sat in that See. There is not much mention made of any Disturbances this Year, Ware 3. except that remarkable Contest between James Keating and Marmaduke Lumley, about the Priory of Kilmainham, Keating had been deprived by the great Master of that Order, anno 1482, being accused of pawning or selling divers Ornaments of the House, and particularly a Piece of the Cross; and for alienating and encumbering the Revenues of the Priory, and Lumley was substituted in his room; but as soon as Lumley arrived at Clantarfe, to take possession of his new Dignity, Keating with a Company of Men came thither, and took him Prisoner, and detained him in Custody until he resigned all the Writings and Instruments of his Election and Confirmation; and than Keating gave him the Preceptory of Kilsaran, in the County of Louth: But Lumley complained of this Usage as well to the King of England as to the great Master of the Order at Rhodes, and at length prevailed to get Keating excommunicated; whereas he was so enraged, that he turned Lumley out of his Preceptory by Force, and put him in Prison, in spite of Octavianus de Palatio, Archbishop of Armagh, who did his Endeavour to protect Lumley: It is probable that Lumley died in Prison, because we hear no farther of him, and because it is certain he never came to be Prior: And as for Keating, although he did make a shift to keep the Priory almost nine Years afterward by strong Hand, yet at last he was ignominiously ejected, and died in Poverty and Disgrace, being succeeded by James Valerius It became a Question this Year in England, 1 Hen. 7. 4. b. How the Attainder of this King should be taken off? but it was unanimously resolved by all the Judges, That the Possession of the Throne, or the Assumption of the Royal Dignity, did take away all Imperfections, Incapacities and Attainders whatsoever. And it is observable, that the Judges say, The taking upon him to be King did all this, for the Crown did not Descend to Henry VII, because he was not the true Heir, but afterwards married her that was so: Nor can any thing properly descend to a person attainted, because the Blood is corrupted, so that he cannot be Heir to any Body. But the King perceiving that the Faction of York was at work in Ireland, 1486. sent for the Lord Deputy to repair to him, into England; but he being loath to undertake that Journey, procured Letters from the Council, June 4. importing, That his Presence was so necessary in Ireland, that he could not at present be spared from that Government: And by these Means he excused himself for a while. In the mean time Lambert Symnel, a Youth of a lovely and fascinating Countenance, and of a princely Behaviour, was well instructed by a crafty Priest, Sir Richard Simon, to personate the Earl of Warwick, only Son of George Duke of Clarence; for which Duke (being their Countryman born) the Irish had a wonderful Respect, as indeed they had generally for all the Family of York. This Youth had learned his Lesson so well, that Margaret Duchess of Burgundy resolved to set him up against King Henry, although there were two great Flaws in this Contrivance: The one was, That the true Earl of Warwick was in King Henry's Hands, in the Tower of London: The other, That he was not right Heir to the Crown, because there were Children of King Edward the Fourth still living. Nevertheless, she sent this Counterfeit Prince to Ireland, where he met with all the Countenance he could desire, as well from the Lord Deputy, as from almost all the rest of the Nobility, Gentry, Clergy and People, the Archbishop of Armagh, the Bishop of Clogher, and the Families of Butler and S. Laurence, and the City of Waterford only excepted. And though the King caused the true Earl to be taken out of the Tower, and shown publicly in London, which marred all their Designs there; yet the Irish were not thereby Discouraged, but confidently accused the King of Imposture, as he did them, and therefore that Project was not so effectual to him, as was another of getting a Bull from the Pope, requiring the Clergy to excommunicate the Rebels, as often as the King should desire it; which did him a great deal of Service. But Mac Mahon took advantage of these Stirs, and invaded Louth, which he burned and preyed, according to the Custom of making War in those Days; he destroyed twenty eight Villages in that Country. And the Tempest was no less fatal to Ulster, where it rooted up Trees and threw down Houses. In May the Duchess of Burgundy sent over two thousand Germans, under the Command of Martin Swart, an old Soldier; with them there came the Earl of Lincoln, the Lord Lovel, and others, and were kindly received, and lovingly entertained by the Nobility, Gentry and People of Ireland; they proceeded to crown this Impostor at Christ-Church, in Dublin, with a Crown, which they took from the Statue of the Virgin Mary, in S. Mary-Abby; and this Ceremony was rendered more solemn by a Sermon preached by the Bishop of Meath on the occasion, and by the Attendance of the Lord Deputy, the Chancellor, Treasurer, and other the great Officers of State: And after he was crowned, they carried him in Triumph, upon the Shoulders of Great Darcy of Platten. But the good Archbishop of Armagh refused to be present at this ridiculous Pageantry; for which they gave him all the Trouble they could. But it seems they were conscious of their Misdemeanour in this Matter, and they knew how to purchase Absolution, and therefore they called a Parliament (or Assembly) in the Name of their new King; and the Clergy gave the Pope a Subsidy to absolve them. So eager were these People to follow the Fortunes of this Mock-King, that Thomas Fitz-Girald resigned the Chancellorship to the Lord of Portlester, the better to be at liberty; and so together they went for England, and landed in Lancashire, where Sir Thomas Broughton and his Party joined them; they marched through Yorkshire to Newark; and being stopped there, they turned aside to Notinghamshire, and near the Village of Stoke, 1487. on the the eleventh of June, after a desperate Fight for three Hours, they were totally defeated, and all the Commanders, and four thousand Soldiers slain, and Lambert and his Master Simon were taken Prisoners, and the latter was imprisoned, and the former made one of the King's Falconers. In December James Fitz-Thomas, Decemb. 7. Earl of Desmond, in the twenty eighth Year of his Age, was murdered at Rakele by his Servant Shane Maunta and others; who were all taken and executed for it, by Maurice his Brother and Successor in that Earldom. The Earl of Kildare and the other Ministers of State that were Faulty▪ scent Messengers to the King, to implore his Pardon, which (after some exprobration and reprimand) was obtained; and he was still continued in his Office of Lord Deputy. Ware, 14▪ And the same Year the Inconveniences of Sanctuaries were somewhat lessened by the Pope's Bull, for the better Regulation of them. It seems strange, That hitherto the King did not send any Soldiers into Ireland, to suppress the remainder of the Faction of York; perhaps he knew, That if he took any severe course with them, it would utterly destroy the Pale, and by weakening the small Colony of English, would turn to the Advantage of the Irish, and therefore he contented himself with the Submission of those that had been Faulty; and sent over Sir Richard Edgcomb to take new Oaths of Allegiance of the Nobility and Gentry, and to bind them in Recognizance to performance, and thereupon to give them a Pardon. He brought with him five hundred Men, which was rather a Guard than an Army; and he arrived at Kingsale with five Ships, on the twenty seventh Day of June; he did not intent to come on Shoar there, and therefore the Lord Thomas Barry (i.e. Barry oge) came on Board, and there did his Homage for his Barony, and took his Oath of Allegiance; but the next Day, Sir Richard Edgcomb, at the Importunity of James Lord Courcy, and the Inhabitants of Kingsale, did come into the Town, and in their Parish Church, dedicated to S. Multotius, the Lord Courcy did Homage, and he and the Townsmen swore Allegiance, and entered into Recognizance for the Observation of it, whereupon they were pardoned: And so, after Dinner, Edgcomb sailed toward Waterford; where he arrived the last Day of June, and having applauded the Loyalty of that City, and assured them, That the King would liberally remunerate their Fidelity, he set Sail for Dublin; and there he arrived the fifth Day of July, and was received by the Mayor and Citizens, in most humble and submissive manner, at the Gate of the Abbey of the Friar's Preachers, where he was to lodge: The Earl of Kildare was then upon some Exploit against the Irish, so that he did not come to Dublin until the twelfth of July; and then he sent the Bishop of Meath, the Lord Slain and others unto Edgcomb, to conduct him to S. Thomas-Court, where the Lord Deputy lay: Thither did Sir Richard come, and with a stern Countenance delivered the King's Letters to the Lord Deputy; after which they had a Private Conference, but many of the Nobility being absent, nothing more was done at that time, and so they departed, the Lord Deputy went to Minooth, and Sir Richard Edgcomb returned to the Abbey. The next Day (being Sunday) Edgcomb caused to be read in Christ Church, after Sermon, the Absolution of the former Excommunication, which the Pope had lately granted (at the King's Request) unto all those that should thenceforward continue loyal to his Majesty; and after some time, and many Expostulations between the Commissioners and the Nobility, they did at last agree on the Form of an Oath, to be found at large in Sir James Wares Annals, p. 17. Wherein this is observable, that they swore not to hinder or disturb the excommunication of all such as should oppose the King, of what Quality soever they should be: And in the Oath of the Clergy, it was added, that they should publish the Pope's Excommunication, against all the King's Rebels or Enemies in Ireland, as often as they should be thereunto required; Salvo Ordine Episcopali, etc. And so on the 21st of July, the Earl of Kildare (being first absolved from the former Excommunication, after the usual manner in time of Divine Service) did Homage to the King's Commissioner, in the great Chamber in Thomas Court, and swore Allegiance, and entered into Recognizance for the due Observation of it, and then Edgecomb gave him his Pardon, and put a Gold-Chain about his Neck, which the King had sent him for a Present, to signify his Majesty's entire Reconciliation to him. The like Oaths and Recognizances were made by Rowland Eustace, Baron of Portlester, Lord High Treasurer, Robert Preston, Viscount Gormanstown, James Fleming, Baron of slain, Nicholas St. Laurence, Baron of Houth, Christopher Barnewal, Baron of Trimletstown, John Plunket, Baron of Dunsany, Walter, Archbishop of Dublin, John Walton (who had resigned that Archbishopric, reserving the Manor of Swords to live upon during Life) John, Bishop of Meath, Edmond Bishop of Kildare, John Purcell, Abbot of St. Thomas Abbey, Walter Champflour, Abbot of St. mary's, and James Cogan, Prior of Holm-Patrick, and then Sir Richard Edgecomb entertained them all at a splendid Banquet at his Lodgings, and the next day the Mayor and Citizens of Dublin, took their Oaths at the Tolsel, and remitted a Copy of the Oath under the City-Seal, to the King, to certify His Majesty that they had taken it. And so, on the 23d day of July, Edgecomb went to Drogheda, and thence to Trim, and both those Towns, as also the Prior of St. Peter's, near Trim, and the Abbots of Navan and Beclif, did in like manner bind themselves to Allegiance by Oath and Recognizance, and when he returned to Dublin, on the 26th, Octavianus, Archbishop of Armagh, Philip Birmingham, Chief Justice of the King's Bench, and Thomas Dowdal Master of the Rolls, followed the same Example: There was great intercession made for Prior Keating and Thomas Plunket, Chief Justice of the Common Pleas; and at length Plunket was pardoned, but Keating was not only left unpardoned, but was also removed from the Command of the Castle of Dublin, whereof, it seems, he was Governor or Constable, and Richard Archbold, whom he had formerly ejected, was now restored, and perhaps Keating had been used worse, if his Habit and Order had not protected him; for the King hated him more than all the rest, being (as it seems) one of the most violent, and most powerful Abettors of the Impostor Symnel; and so Sir Richard Edgecomb, having faithfully executed his Commission, embarked at Dalky the 29th of July, and arrived in Cornwall on the 8th of August. Soon after this, the Lord Deputy and Council sent over the Bishop of Meath, to obviate the Designs of their Enemies, and to thank the King for his Favours, and to assure him of their future Allegiance; and he managed his Negotiation so successfully, that although the Archbishop of Armagh, who was of the King's side, and a Favourite, did use his utmost Endeavours to get the Chancellorship, yet he could not obtain it, lest thereby Kildare and his Party might be disobliged, and the Kingdom just now appeased, and growing towards a Settlement, might again be disturbed by new Jealousies and Commotions. And now the Lord Deputy is at leisure to call Macgeoghan to account for all his Depredations in the Pale; 1489. he invaded his Country, and took the Castle of Bileragh, and preyed and wasted the whole Territory of Moycassel, and being loaden with Booty, he returned to Dublin. But the King being still jealous of the Nobility of Ireland, whom he knew to be exceedingly addicted to the House of York, sent for most of them to come over to him into England; and thither went the Earl of Kildare, the Viscounts Buttevant and Fermoy, and the Lords of Athenry, Kingsale, Gormanstown, Delvin, Hoath, Slain, Killeen, Trimleston and Dunsany; They waited on the King at Greenwich, where Lambert Symnel served as Butler, purposely to ridicule and expose their Folly, who would Crown such a Fellow for their King▪ but after some sharp Reproofs, they were all taken into Favour, and graciously dismissed, I suppose not without some Presents, though only that of three hundred Pieces of Gold to the Lord of Hoath, be mentioned. But whilst these things were doing in England, Maurice Buckagh Earl of Desmond, obtained two Victories in Ireland, the one against Morough O Carol, who was slain in the Battle, together with his Brother moil Murry; and the other against Dermond Mac Teige Carty, whom he also killed. On the 6th of July a Provincial Synod was held at Athird, Ware, 24. by Octavianus Archbishop of Armagh; at which were present, the Bishops of Meath, Clogher, Ardagh, Dromore, Kildare, Raphoe and Cluanmacnoise: There was a great Contest at this Synod between Thomas Brady and one Cormock, about the Bishopric of Kilmore; it was by common consent referred to the determination of the Bishops of Meath, Clogher and Ardagh, and what End they made of it, non constat; but six years after, both of them were called Bishops of Kilmore, and as such, both of them were permitted to sit in the Synod of Drogheda. The Summer and Harvest were so wet in Ireland, 1491. that the Corn could not be saved, and therefore a great Dearth ensued, which was accompanied with a Disease called the Sweeting Sickness, which now came to be first felt and known in Ireland. And it seems that a Parliament was held at Trim, on Friday after Epiphany; but none of their Acts are extant: But in March a Proclamation issued against bad Money, and Nicholas Flyn was made Supervisor of the Mints at Waterford and Dublin. It was about this time, that O Neal wrote this short and famous Letter to Hugh Roe O Donel, from whom he demanded Chief-Rent, which the other denied, and refused to pay: Cur hoom mi Keesh no monna Curhir; i.e. Send me my Rent, or if you don't (as much as to say, he would force him to it.) But O Donel replied, Neel Reesh a gut urm, agus dabeh; i.e. I own you no Rent, and if I did (meaning that he would not pay it;) so to Blows they go, and after some Bicker and Losses on both sides, they agreed to refer all their Differences to the Lord Deputy; but in vain; for all that he could do, could not reconcile them; So to Blows they fall again, and came to a bloody Battle, wherein the Loss was almost equal; but if there were any disadvantage in that Point, it was of O Donel's side; but that was more than balanced by the Death of O Neal, who in January 1492 was Murdered by his Brother Henry, so that Tyrone became divided between Henry and Daniel O Neal, betwixt whom there was continual Wars until the year 1497. and then, upon the Resignation of Daniel, Henry became sole Proprietor, and the same year of 1497, O Donel likewise being superannuated and decrepit, gave up his Principality of Tirconnel to his Son Con. But the King finding, that the Duchess of Burgundy was again busy at work, about setting up another Impostor, thought it necessary to put the Government of Ireland in the hands of such as he might confide in; and therefore he removed the Earl of Kildare, and Walter Fitz-Symons, 1492. Archbishop of Dublin, was made Lord Deputy to Jasper Duk● of Bedford, and Sir James Ormond (Natural Son to John Earl of Ormond) was made Lord Treasurer, in the room of Eustace Lord of Portlester, who had enjoyed that Office eight and thirty years: This new Lord Treasurer came to Ireland in June, with a small Band of Soldiers; and it so happened, that upon some Quarrel between him and the Earl of Kildare, near Dublin, there was a Skirmish, which proved very prejudicial to both the Families of Butlers and Giraldines, and the more, because the Irish took advantage thereby to infest the Pale, and to disturb the English Borders: However, in September following, more Alterations were made in the great Offices of State; Alexander Plunket was made Lord Chancellor; Thomas Butler Master of the Rolls; and Nicholas Turner was constituted Chief Justice of the Common Pleas in August before; and the Earl of Ormond and the Prior of Canterbury were sent Ambassadors to the French King. This Summer was so dry, that abundance of cattle perished for want of Water; and the Air grew so Pestilential, that a multitude of People, and particularly the Lord of slain died of the Plague. But a greater Mischief than this happened to the unfortunate Kingdom of Ireland, by the Arrival of Perkin Warbeck, who to supply the Defects of the former Imposture, did pretend to be Richard Duke of York, Second Son of Edward the Fourth, to whom the Crown did really belong, if he were living, and this Perkin did personate him so well, that there remains some doubt to this day, whether he were an Impostor or not; but supposing he was, it was cunningly contrived to let him first appear in Portugal, as a Child that had in a skulking manner fled from the Cruelty of his usurping Uncle; besides, Portugal was a Place with which the Duchess of Burgundy had not much Correspondence, and therefore it could not be suspected that she had a hand in the Cheat; but however that be, young Perkin set Sail from Lisbon, and arrived safely at Cork, where he was kindly received by the Citizens, and particularly by John walter's, an eminent Merchant of Cork, who probably was then Mayor (and whose Apprentice Perkin had been, as they say) he wrote Letters to the Earls of Kildare and Desmond, for their Assistance against King Henry; but before he received their Answers, he received Letters from the French King, inviting him thither; and so to France he went, and was royally received and entertained, until that King made Peace with King Henry, and then Perkin made a seasonable Retreat into Flanders; where he was exceeding welcome to his supposed Aunt the Duchess of Burgundy, and there we will leave him for a while, and return to our ●ord Deputy. He held a Parliament at Dublin, 1493. on Friday after Midsummer, which (it seems) vacated some Indictments and Inquisitions, that had formerly been made to the prejudice of this Lord Deputy, by the Means of the Lord Portlester (and now the Tables being turned, and the Votaries of the House of Lancaster at Helm, the Lord Portlester himself was questioned in the Exchequer, for the miss-management of his Office of Treasurer.) This Parliament did also repeal a former Act made against the City of Waterford, and restored that City to all its ancient Liberties and Privileges, and it is probable that there was also an Act of Parliament now made for the general Resumption of all the Crown Lands, that were alienated or granted away, since the first year of King Henry the Sixth; but none of the Acts of this Parliament are Printed, except one, for the cleansing of the Watercourse in St. Patrick-street in Dublin; and so this Parliament being dissolved in August, the Lord Deputy, on the sixth of September following, resigned to Robert Preston, Viscount Gormanstown, Lord Deputy to the Duke of Bedford, who (it seems) had not Commission to call a Parliament; nevertheless he did call one, which met at Drogheda, and made several Statutes which were absolutely void, for the Defect aforesaid; however they were expressly repealed by 10 Hen. 7. cap. 23. And these farther Reasons were given for it. 1. That the Lord Lieutenant had surrendered his Patent before the Summons. And, 2. Because the Parliamentary Summons did not issue to all the Shires, but to four Shires only. On the Twelfth of September, this Lord Deputy called several of the Nobility to Trim, where they subscribed Articles for the Peace of the Kingdom, viz. That no man should make War without the Deputies Consent; and that several Extortions and Tributes that were used and demanded, should be abrogated and suppressed, and that Murderers, Thiefs and Vagabonds should be punished, etc. There were present at this Assembly, Alexander Plunket, L. Chancellor, Girald, Earl of Kildare, the Bishops of Meath & Kildare, the Lords of slain, Delvin, Killeen, Houth, Trimletston and Dunsany, etc. And they gave Recognizanse and Hostages for the observation of those Articles; and after this, he called the Parliament aforesaid. In October the late Lord Deputy Fitz-Symons went into England, to give the King a full Account, as well of his own Government, as of the present State of the Kingdom of Ireland; and not long after, viz. in November following, the Earl of Kildare, hearing he was impeached in England, went also thither to justify himself before the King, but the L. Deputy (leaving the Government in the Hands of his Son) followed the Earl to England, and by the Assistance of Sir James Ormond, Lord Treasurer of Ireland, he so far prevailed, that Kildare's Justification was rejected, and himself sent over Prisoner to Ireland, to the end the Matter might be more fully examined upon the place, 1494. by Sir Edward Poynings Knight of the Garter, Lord Deputy, whose chief Errand was to suppress the Abettors of Perkin Warbeck; he came over the thirteenth of September, and immediately made great Alterations amongst the Ministers of State; Henry Dean, Bishop of Bangor, he constituted Lord Chancellor, Sir Hugh Conway was appointed Treasurer, Thomas Bouring was made Chief Justice of the King's Bench, as John Topcliff was of the Common Pleas, and Walter Ever was made Chief Baron of the Exchequer, all which were Englishmen born, and good Lawyers, and were sworn of the Privy Council of Ireland. This Deputy brought over with him about one thousand Soldiers, and resolved to invade Ulster, to pursue some of Perkins' Friends that fled thither; it is strange he should use the Earl of Kildare's assistance in this Expedition; however, together they went, accompanied with Sir James Ormond, who had resigned the Office of High Treasurer; they did great Execution on the Irish, and harassed the Territories of O Hanlon and Mac Genis, and others: It was suggested, That Kildare did secretly treat and conspire with O Hanlon, to destroy the Lord Deputy; for which he was Attainted, as shall be shown hereafter; but it seems he was innocent of that Matter, not only because O Hanlon cleared him upon Oath two years after; but also, because he was acquitted in England, upon full hearing before the King. Nevertheless Kildare's Brother did at this time seize on the Castle of Caterlogh; whereupon the Lord Deputy was necessitated to clap up a sort of a Peace with O Hanlon and Macgenis; and so having taken their Oaths and Hostages, he immediately marched to Caterlogh, which, after ten days Siege, 1494. was surrendered unto him. And so in November, on Monday before the Feast of St. Andrew, sat that famous Parliament at Drogheda, which Enacted, I. That the Treasurer might appoint his under-Officers here, as is used in England, and shall account once a year here, before the Barons of the Exchequer, and such of the Council as the Lord Deputy shall appoint; and the same Accounts to be certified into England, and finally determined and settled there. II. That no Minister of Justice, viz. The Chancellor, Treasurer, Judges, Clerk, or Master of the Rolls, nor any Officer Accountant, shall have their Places but during the King's Pleasure. III. An Act adnulling a Prescription which Traitors and Rebels claimed in Ireland: The Reason of this Act was, because Richard Duke of York (at his last being in Ireland) did 'Cause an Act to be made, That Ireland should be a Sanctuary for Refugees, and that it should be Treason to disturb any body there, by any Writ, Privy Seal, or other Matter from England; and this he did, because he was then in Rebellion against Henry the Sixth, and to encourage his Partisans to repair to him in Ireland; and by virtue of this Act, he Executed William Overy Esq who was Servant to the Earl of Ormond. And now the Abettors of Lambert Symnel and Perkin Warbeck (which are the Lads mentioned in the new Statute) excused themselves upon the aforesaid Act; and therefore it was now repealed, and all Receivers and Maintainers of Traitors, are by this Act made guilty of Treason; and Obedience is commanded to be paid to the Great Seal and Privy Seal of England, and to Letters Missive under the King's Signet. iv The Famous Statute, commonly called poinding's Act, That no Parliament should for the future be holden in Ireland, until the Chief Governor and Council do first certify the King, under the Great Seal of that Land, as well the Causes and Considerations, as the Acts they design to pass, and till the same be approved by the King and Council, and a Licence thereupon do issue from the King to summon a Parliament, and that all Parliaments hereafter holden in other manner, be void and of none effect. And it is to be noted, That this Act was by the Statutes of 28 Hen. 8. c. 4. & c. 20. suspended as to that Parliament, and by the Statute of 3, & 4. Philip and Mary, it is very excellently and at large explained; and by the Statute of 11 Eliz. c. 1. poinding's Act was again suspended or superseded, as to that Parliament, in confidence that their most worthy Governor (Sir Henry Sydny) would not pass any Bills prejudicial to the Queen or the Kingdom; but because they had not the same Assurance of their future Governors, they did upon second thoughts, and in another Session, make a Law (11 Eliz. c. 8.) That no Bill should for the future be certified into England, for the Repeal of poinding's Act, until first such Bill should be approved of by the Majority of both Houses of Parliament in Ireland; nevertheless whenever it shall happen that the English and Protestant Interest in Ireland, shall overtop its Enemies, and make a Majority in Parliamentary Assemblies, that Act of poinding's, which was made only to help the English when too weak for the Irish, will be obsolete and useless, when the Irish Popish Interest becomes inconsiderable. V That all the Statutes against Provisors, made in England or Ireland, be put in execution here. VI That no Citizen or Townsman, receive Livery or Wages from any Nobleman or Gentleman, neither engage themselves by Indenture or otherwise to any Lord or Gentleman, on pain of being disfranchised and expelled the Corporation, and the chief Magistrate to forfeit Twenty Pounds, if he fail, to punish the Transgressor's of this Law; and that no Lord or Gentleman shall retain any other but his Officers and Menial Servants, on pain of Twenty Pounds. VII. That none be Aldermen, Jurors or Freemen in any Town, but such as have been Apprentices or constant Inhabitants there; and that no man be Mayor, but one known to be Loyal; nor no Lord or other be made privy to their Consultations, except their Recorder, on pain of an hundred Marks, and all their By-Laws contrary to the King's Prerogative and Jurisdiction, to be void; and that this Act be recorded in every Corporation. VIII. That the Statutes of Kilkenny be confirmed and executed, except those about the Irish Language, and riding on Saddles. IX. That the Subjects keep Bows and Arrows. X. That the Captains of Marches do present the Names of their Retinue, by Indenture, that they may answer for their Defaults, and that it be Felony to secure, or willingly suffer Rebels or Enemies to pass and re-pass the Marches, and that every Proprietor of Land in the Marches, do reside thereon, or appoint a sufficient Deputy to do so, on pain of losing his Estate, during his Absence; and that all People near the Marches, from Sixteen to Sixty, be ready on warning, in their best defensible Array, to defend the same. XI. That no man compound for the Death or Murder of his Friend or Relation, nor revenge it but according to Law. XII. That no man keep Fire-Arms after Proclamation, on pain of Twenty Pounds. XIII. That it be Treason to stir up the Irishry to make War on the English, or any body to make war against the chief Governor of Ireland. XIV. That one of the Realm of England be Constable of the Castle of Dublin, and the like of Trim, Lexlip, Athlone, Wicklow, Green-Castle, Carlingford, Castlefergus (repealed 11 Car. 1. c. 6.) And hence arose the vulgar Error, That no man can be Lord Lieutenant of Ireland, but an Englishman born. XV. An Act about the Records of Ulster, Conaught and Trim. XVI. That the Lords appear in their Robes every Parliament, on pain of one hundred Shillings. XVII. That no man shall make Peace or War without the Consent of the Chief Governor, on pain of one hundred Pounds, etc. (for it is to be noted, that before this time, every Lord made War or Peace as he pleased, without Pay or Commission.) XVIII. That no man take Money or Horsemeat by colour of Gift, Reward or otherwise, by reason of any Menace; and if he do, the Giver is to forfeit an hundred Shillings, unless he complains seasonably, and the Taker is to suffer the Punishment appointed for the Takers of Coin and Livery. XIX. That the Soldier shall pay three halfpennies a Meal, and his Man a Penny, and a Penny for six Field-sheaves of Oats, and Litter according; and whoever refuses to quarter Soldiers at this Rate, forfeits twelve pence a time, unless he be a Man of twenty Marks Estate per annum, and except Cities and Corporate Towns. XX. That the Words Cromabo and Butlerabo, and such like Words of Faction, be abolished. XXI. That wilful Murder be High Treason. XXII. That all the Statutes late made in England, concerning or belonging to the Public Weal, be henceforth good and effectual in Ireland. And, XXIII. That the Statutes made by the Lord Gormanstown aforesaid, he repealed and null. There were many other Statutes made at this Parliament, Lib. D. although they are not Printed; Davis, 171. One was, That the King should have a Subsidy of twenty six shillings and eight pence out of every sixscore Acres of Arable Land, in lieu of Purveyance, which, it seems, was (together with Coin and Livery) suppressed by that Act; Rot. Parl. c. 4. And another Act gave Power to the Lord Treasurer to govern the Kingdom, on the Death or Surrender of the Chief Governor, until the King's Pleasure were known. There was also an Act made, in favour of the Knights of St. John's of Jerusalem, to resume all their Possessions alienated by Prior Keating, or his Predecessor Thomas Talbot, and to restore the Jewels and Relics they had pawned, to depose the Preceptors they had placed in the Commanderies, and that no man but an Englishman should be Prior for the future. Another Act made a general Resumption of all the Grants made by the Crown since the last day of the Reign of King Edward the Second, Lib. G. except some Particulars mentioned in the Act; and another Act, Rot. Parl. c. 41. attaints the Earl of Kildare, and his Brother James, for High Treason, for corresponding with O Hanlon, and seizing the Castle of Caterlogh, for extorting Coin and Livery, and for treating with the King of Scotland; however he was afterward acquitted in England, and received into favour; and perhaps there was another Act, to dissolve the Fraternity of S. George; for it is certain that about this time that Brotherhood fell; and so I have done with this Famous Parliament, when I have told you that it is a Mistake in the Printed Statute-Book, to place it anno 1495, because it is manifest, That November, 1494, was in the tenth Year of this King's Reign. It is scarce worth mentioning, Ware, 43. That during this Parliament, the Lord Deputy made another Expedition into Ulster, because the Irish fled into their Fastnesses, so that he reaped but small Fruit for his Journey. In his Absence he left a Commission with the Chanchellor, to continue, adjourn, prorogue or dissolve the Parliament, as he saw cause. About this time Cormock mac Teige mac Carthy of Muskry, 1495. was basely murdered by his Brother Owen (Ancestor of the Mac Carthyes of Cloghroe), and was buried in the Abbey of Kilcrea, which he himself had founded. But let us return to Perkin Werbeck, who set sail from Flanders with about six hundred Men, and arrived on the Coast of Kent; but he found ill treatment there, for one hundred and sixty of his Men were taken Prisoners, and afterwards executed: Thence he sailed to Ireland, where he stayed some time in Munster, (probably at Cork) but finding the Irish unable to give him any considerable Assistance, and fearing the Forces of the Lord Deputy, he went thence into Scotland; and by that King's Consent married the Earl of Huntly's Daughter, who was nearly related to the Crown of Scotland. The King of Scots did invade England, in favour of Perkin, but finding that none of the English came to assist the Impostor, he wasted Northumberland and returned. And thus Sir Edward Poynings drove Perkin out of Ireland, and suppressed his Abettors, and established many good Laws, which though for the present they extended no further than the Pale, yet their Effect and Influence increased and enlarged as fast as the King's Authority did, so that those Statutes are at this day in full force over all the Kingdom: And the King finding Ireland in so quiet a condition, recalled the Lord Deputy, and for his good Service made him Knight of the Garter; And in his place appointed Henry Dean, 1495. Bishop of Bangor, Chancellor of Ireland, and afterwards Archbishop of Canterbury, 1496. to be Lord Justice, and on the twenty sixth of April, William Ratcliff was made Vice-Treasurer and John Pimp Treasurer at War; and on the twenty fifth of June the Lord Delvin was made General, for defence of the Pale; and in July Octavianus Archbishop of Armagh held a Synod at Droghedah, the Acts whereof are not to be found; and in August Hugh O Donel being returned out of Scotland encountered and defeated O Connor, near Sligo. Whereupon he besieged the Castle of Sligo, but without Success; for being frighted with the News of the Approach of the Burks of Clanrickard, he raised the Siege, and retired in haste towards Tyrconnel: But Burk was not so satisfied, but burnt and destroyed all the adjacent Territories, that belonged to O Donel's Partisans. But the Earl of Kildare was still kept in Prison, in England, for Grief whereof his Countess died. The Earl was accused of burning the Church of Cashel, and many Witnesses were ready to prove it, when contrary to all their Expectations, he readily confessed the Fact, and swore by Jesus, That he would never have done it, but that he thought the Archbishop was in it: Which being uttered with a bluntless, peculiar to this Lord, did exceedingly work upon the King; for whilst the Earl did so earnestly urge that for his Excuse, which was the greatest Aggravation of his Crime, the King easily perceived, That a Person of that Natural Simplicity and Plainness, could not be guilty of those Finesses and Intrigues that were objected against him. It is reported of this Earl, That he desired the King to permit him to have Council to manage his Cause, since he was altogether unqualified to deal with such cunning Knaves as his Adversaries. The King told him, He should have what Counsel he would choose; and that it concerned him to get Counsel that were very good, for that he doubted his Cause was very bad. The Earl replied, That he would pitch upon the best Counsel in England. Who is that? said the King. Marry even your Majesty, quoth the Earl: Whereat the King laughed. But nevertheless, he so requited Kildare, for his Compliment, that when the Adversary concluded his Oration, That all Ireland could not govern this Man; the King took that occasion to make reply, That therefore he was the fittest Man to govern Ireland: Ware, 49. And so for his Jest-sake made him Lord Lieutenant of that Kingdom, by his Letters Patent of the sixth of August, and restored him to his Honour and Estate. Nevertheless, the King kept the Earls eldest Son, Girald, as Hostage of the Father's Fidelity; which proved to be a matter of Caution rather than of Necessity, for no body could behave himself with more Loyalty to his Prince, nor more Vigour against the Irish, than the Earl of Kildare did from henceforward. But to proceed. Girald Earl of Kildare, 1496. being made Lord Lieutenant, in a short time after he had received the Sword, marched towards Thomond against O Brian; he went through the City of Limerick, and took the Castle of Feyback from Finin Mac n●marra, and afterwards took and razed the Castle of Ballyniti, or Ballynice, and so returned to Dublin, and was reconciled to the Archbishop of Armagh, to their mutual Ease and Quiet, and to the great Advantage of Public Affairs, which often suffer (especially in Ireland) by the private Animosities of the Grandees. But the Bishop of Bangor was recalled into England, and Walter Archbishop of Dublin was made Lord Chancellor, in his stead. This good Archbishop, in a Synod at Dublin anno 1492, procured a Pension for a Divinity-Reader there, to be paid by him and his Suffragans, and their Successors for ever: And it is reported of him, That being present when a famous Orator made a most eloquent Speech to the King, his Majesty asked the Archbishop, How he liked the Oration? The good old Man replied, That he saw no other Fault in it but Flattery. As God shall love me (quoth the King) That is the very Fault I myself espied. The King, by advice of the Lord Lieutenant, resolved to pardon those great Men that had been concerned with Perkin Warbeck, lest Despair might induce them to new Disturbances: And accordingly the Earl of Desmond, the Archbishop of Cashel, the Bishops of Cork and Waterford, and many other of the principal Men of Munster, were pardoned; and the Liberties and Charters of Youghal were restored and confirmed, and their Privileges enlarged. In the mean time died Rowland Fitz-Eustace Baron of Portlester, who at several times had been Deputy, Chancellor, and Lord High Treasurer of Ireland; which last Place held thirty eight Years: And about the same time died Cnoghor mac Trelagh O Brian, Chief of Thomond, and was succeeded by his Brother Gil duff, by Popular Election, according to the Custom of Tanistry. But it is time to return to Perkin Warbeck, whom we left in the Arms of a fair Lady in Scotland; that King had already made several Essays in favour of this supposititious Prince; but now his Affairs pressed him to make a Peace with the English; which King Henry would not hear of, unless Perkin were delivered up: It was therefore necessary for the Impostor to seek new Quarters: 1497. And therefore being secretly supplied by the King of Scotland, with Necessaries for his Voyage, he embarked with his Wife and Family, and landed safely at Cork the twenty sixth of July; he could not have pitched upon a Place more prone to Rebellion at that time, but cursed Cows have short Horns, and their Ability was not suitable to their Inclinations; however, he listed one hundred and twenty Soldiers, and by the Aid (or at least Countenance) of the Earl of Desmond, he got Conveniences for their Transportation: And so finding the Earl of Kildare so firm and potent, that no good was to be done in Ireland, and receiving an Invitation from the Cornishmen, he sailed directly to Cornwall in September, and landed safely at Whitsand-bay. The City of Waterford (which for its loyalty to the Crown against Lambert Symnel, had received great Favours and Privileges from his Majesty) was now altogether as vigorous against Perkin; and by its discreet behaviour in this Affair, well deserved the Motto, Intacta manet Waterfordia; That City manned out four Ships, and sent them in pursuit of Perkin, but Fortune did not favour that Generous and Loyal Design. This Impostor being thus arrived in England, took upon him the Name of Richard IV, King of England; and as such behaved himself, and acted his Part so well, that he would often lament the Destruction of his People, and would frequently bemoan the Tyranny and Oppressions they lived under, which sort of Deportment took with the common People exceedingly, insomuch that some thousands of them came to him at Bodmin, & with them he besieged Excester, and assaulted the City with great vigour and Resolution, which the Courageous and Loyal Citizens, by the help of some of their Country Neighbours, as valiantly defended: Hereupon Perkin raised the Siege, and marched to Taunton, and although the Cornishmen continued resolute to conquer or die, yet Perkin perceiving their Courage was greater than their Strength, and finding that the King's Army did daily increase, whilst his did decrease, he privately withdrew to the Sanctuary of Beaulieu, in Hampshire, and afterwards surrendered himself; and being imprisoned in the Tower, he made his escape once, and attempted it the second time, and was therefore, together with his Friend John Waters, Mayor of Cork, hanged at Tyburn, where he confirmed the Confession he had formerly made, which was to this effect, I Being born in Flanders, Campion, 104. in the Town of Turney, put myself in Service with a Britton, called Pregent Meno; the which brought me with him into Ireland; and when we were there arrived, in the Town of Cork, they of the Town (because I was arrayed with some clothes of Silk, of my said Masters) threeped upon me, That I should be the Duke of Clarence's Son, that was before time at Divelin; and forasmuch as I denied it, there was brought unto me the Holy Evangelists and the Cross, by the Mayor of the Town, called Ino Lavallin, and there I took my Oath, That I was not the said Duke's Son, nor none of his Blood. After this came to me an Englishman, whose Name was Stephen Poytow, with one John Walter, and swore to me, That they knew well that I was King Richard's Bastard-Son, to whom I answered with like Oaths, That I was not; and then they advised me not to be afraid, but that I should take it upon me boldly: And if I would so do, they would assist me with all their Power, against the King of England; and not only they, but they were assured, That the Earls of Desmond and Kildare should do the same, for they passed not what part they took, so they might be avenged on the King of England; and so against my Will they made me to learn English, and taught me what I should do and say: And after this they called me Richard Duke of York, second Son to Edward IV, because King Richard's Bastard-Son was in the Hands of the King of England. And upon this they entered into this false Quarrel; and within short time after, the French King sent Ambassadors into Ireland, viz. Lyot Lucas and Stephen Frayn, and so I went into France, and thence into Flanders, and thence into Ireland, thence into Scotland, and so into England again. But let us return to the Affairs of Ireland, 1498. which were briskly managed by the Lord Lieutenant; He called a Parliament at Trim, which met on the twenty sixth of August, in the fourteenth Year of the King's Reign, which must be anno 1498. (and not 1499. as it is mistaken in the printed Statutes, for the King began his Reign the twenty second Day of August, 1485.). There is but one Act of this Parliament extant; and that is, To make all the Statutes in England, about the Officers of the Custom-house, to be of force in Ireland, after Proclamation at Dublin and Drogheda. A very needless Law certainly, since it could have but four Years retro-spect, all former English-Statutes being ratified here, by poinding's Act of 10 Hen. 7. cap. 22. In the mean time, Henry O Neal, who had murdered his Brother Con, was this Year served in the same kind, by Tirlagh and Con, Sons of the former Con: And not long after, the Lord Lieutenant invaded Ulster, in favour of the aforesaid Tirlagh O Neal, who was his Nephew by the Mother; he was joined by O Donel, Macguire, and all Tirlaghs Friends, and effectually besieged Dungannon, took the Castle, and set at Liberty all the Prisoners that Neal mac Art O Neal kept there; and forced Neal mac Art himself to submit and give Hostages. The Ulster Expedition being over, the Lord Deputy, in October, marched to Cork, where he placed a Garrison, and forced the Inhabitants of that City, and of Kingsale, to swear Allegiance, and to bind themselves thereunto both by Indentures and Hostages; which it seems he thought were stronger Obligations upon them than their Oaths. After his return, in the beginning of March, Ware's Annals. he held another Parliament at▪ Dublin, by the Title of Lord Deputy to Henry the King's second Son (who it seems was about this time made Lord Lieutenant); but there is no Record remaining of what they did, except some Amercements or Fines they imposed on some that were summoned to that Parliament, and did not appear. The Lord Deputy began the Year 1499 with an Expedition into Connaught, 1499. where he took the Castles of Athleage, Roscomon, Tuilsk and Castlereagh, and placed Garrisons in them. And in the mean time Tirlagh O Brian (who after the Death of Gilduff was Chief or Lord of Thomond) had great Contests with Sir Pierce Butler, about Preys and Bounds of Land, (which according to the Custom of these Times) centred in a Battle, wherein the Butlers were defeated, and the Sovereign of Kilkenny was slain. It seems that there was another Parliament held at Castledermond (which Town, I suppose, was then, and still is, belonging to the Earls of Kildare) on the twenty sixth of August, which gave the King and his Heirs an Impost of twelve Pence per Pound of all Merchandise imported to be sold here, Irish Stat. 43. Wine and Oil excepted. And it is probable, That there were some Orders (if not Acts) That the Nobility should ride on Saddles, Ware's An. 60. according to the English Custom, and should wear their Robes in Parliament: And both the Clergy and Laity gave the King a Subsidy. The Printed Book of Statutes has only the first of these Acts, and places the Parliament in anno 1500. which is undoubtedly a Mistake. And Sir James Ware ascribes the aforesaid Act against Customers to this Parliament; which is also a Mistake: And both these Oversights will appear, and 〈◊〉 rectified, if you rightly consider the beginning of the King's Reign, the twenty second of August, 1485. and that the Earl of Kildare was Lord Lieutenant 14 Hen. 7. when 〈…〉 Act was made, and was Lord Deputy when the later 〈…〉 sat: And that this change of his Title happened 〈…〉 later end of the Year 1498. It seems that the Malcontents in Ireland, having los● their beloved Idol, Perkin Warbeck, would not so give out, but were active to set up the Bastard-Son of Richard the Third, or some body that should personate him; but it came to nothing. And so we are come to the Year of Jubilee, 1500. which concludes the Fifteenth Century, and brought with it large Indulgences from the Pope, Alexander the Sixth, to be distributed by his Agent Gasper Pow, to all the King's Subjects, who would contribute to the War against the Turks; but if we may believe Polydor Virgil, the Irish had the good Manners to thank the Pope for his Favour, and the Wit to keep the Money in their Purses. But the Lord Deputy made another Expedition into Ulster, probably in favour of his Nephew Tyrlogh O Neal; for as soon as he had taken the Castle of Kinard, he made Tyrlogh Governor of it, and returned. On the First of August the Charter of Cork was restored, and their Privileges enlarged by a new Charter; which was followed by a sad Accident; for David Barry Archdeacon of Cork and Cloyne, murdered his own Brother, William Lord Barry, and was himself served in the same kind, by Thomas Barry, and his Body taken out of the Grave, and burnt by Command of the Earl of Desmond. And so we must close this Century with the accidental and unfortunate Conflagration of the Town of Galway (which was first governed by a Provost, then Sovereign and Bailiffs, than Mayor and Bailiffs, and now by Mayor and Sheriffs) and with very wet and bad Wether, which continued from the middle of September to the End of Winter. Leinster and Munster were indifferent quiet all this Year; 1501. but Ulster and Connaught were far otherwise; one of the O Connors took the Castle of Sligo by Assault, and many private Murders were committed in Ulster; O Neal also and the Scots had some Bicker near Armagh, on the 17th of March, to the Damage of the later, who lost four Captains and sixty Soldiers; and to this time we must refer these Bald Verses, representing the miserable Estate of Armagh. Civitas Armachana, Civitas vana, absque bonis moribus: Mulieres nudae, Carnes crudae, Paupertas in Aedibus. The next Year produced a General Murrain amongst the cattle all over Ireland, and many Murders in Ulster, upon private and frivolous Quarrels. But in the beginning of the Year 1503. 1503. the Lord Deputy went to England, leaving Walter Fitz-Symons, Archbishop of Dublin, Lord Deputy; but he stayed not above three Months in England; for having done his Business to his Mind, he returned in August, with great Honour and new Instructions. Girald, Earl of Kildare, Lord Deputy, being returned, did about the latter end of Autumn, make another Expedition into Ulster, where he took and destroyed the Castle of Belfast, and placed one Stanton, and a good Garrison in Carigfergus, and then marched back to Dublin. In the mean time, Theobald Burk, Proprietor of Muskry-Cuirk in Munster, was slain in a Skirmish with Donough O Carol, and Cornelius O Dwyer; but another of the Burks had better Fortune in Connaught; for he defeated Malachiah O Kelly, and all his Party. On the 18th of February Girald Fitz-Girald (the Lord Deputy's Eldest Son) was made Lord High Treasurer of Ireland, of whom we shall read more hereafter. But the Irish Lords finding themselves too weak separately to oppose Kildare, as they used to do to other Governors, many of them confederated together; the Principal of them was, Vlick Burk, Chief of Clanricard, commonly called Mac-William, Tyrlogh O Brian, Chief of Thomond, Melrony O Carol, etc. and got together the greatest. Army that had been in Ireland since the Conquest; whereof the Lord Deputy having notice, he also assembled his Forces, and being accompanied by the Lords of Gormanstown, Slain, Delvin, Killen, Houth, Trimletston, and Dunsany, John Blake, Mayor of Dublin, O Donel, O Reyly, Ware, 71. the Bishop of Ardah, the Gentlemen of Annaly (now Longford) and some Townsmen of Drogheda, and some others from the North; he marched into Connaught, and on the 19th of August, at Knocklow, both Parties met, and fought a bloody Battle, 1504 which was for some hours very dubious; but at last, the Lord Deputy got the Victory, with the Slaughter of four thousand of his Enemies, (nine thousand, says the Book of Houth) and he also took some Prisoners; amongst whom the two Sons of Vlick Burk, were the chiefest; it is prodigious, that not one Englishman should be so much as hurt in this mighty Battle; and yet in the white Book of the Exchequer it is so recorded. Holingshead, 79 The Consequence of this great Victory, was the Surrender of Gallaway and Athenry, the Destruction of that whole Country, and the overloading the Conquerors with Prey and Booty. Kildare being returned, bestowed thirty Tun of Wine upon his Soldiers, and the King bestowed a Garter on him, and made him a Companion of The Order; and though some say, Davis, 59 this War was commenced on private Distaste, yet it is more certain that it determined to the Public Advantage. Walter Fitz-Symons, Archbishop of Dublin, was sent by the Lord Deputy and Council; to give his Majesty an Account of this prodigious Success, and to treat with his Majesty about other Matters of State: He departed the 20th of September, and performed what he had in Charge, to the great satisfaction, as well of the King, as of those that sent him, and in a little time returned to Ireland, with honour and applause. In the mean time the King was importunate with Pope Julius the Second, to Canonize his Predecessor King Henry the Sixth, and in order to it, he caused a Book to be written of his Virtues and Miracles, and had it Printed: And the Pope recommended the Examination of the Matter to the Bishops of Canterbury, London, Durham, and Winchester, by his Bull, which the Curious may find at large in Sir James Ware's Annals, pag. 73. But it seems nothing farther was done in it; and this is certain, That those who say he was a Good Christian, do nevertheless allow that he was a bad King; for first he lost France from England, and then he lost England from himself. And now a Provincial was indicted to meet at Tredagh, in July; but the Pestilence raging almost every where in Ireland, but especially in Ulster, the Synod was therefore translated to Ardee, in the County of Louth; and there, for the same reason, was suddenly dissolved. This Plague was followed with a Famine, 1505. by reason of the Wetness both of Summer and Autumn, and it was but small Relief the great Charities of Walter Archbishop of Dublin, and John Allen, Dean of St. Patrick's, could at that time administer, in the noble Foundation of a Hospital, at S. Kevins in Dublin, to which the Archbishop gave Ground, and the Dean gave considerable Revenues. The next Year was also unfortunate, 1506. not only by the Death of John pain, Bishop of Meath, who was a very hospitable Man, but also by the accidental Burning of great part of Trim (they say by Lightning) which was at that time the most considerable Town in Meath. But the Lord Deputy summoned a Parliament to meet at Dublin in October 1508. 1508. which it accordingly did; and both the Clergy and Laity gave the King a Subsidy of thirteen shillings and four pence out of every hundred and twenty Acres of Arable Land. Ware, 81. The Deputy once more invaded Ulster, in favour of his Kinsmen the O Neals, 1509. he designed to recover the Castles of Dungannon and Owny; which he effected; for the Castle of Dungannon surrendered upon the first Summons, and the other he took and demolished, and set at liberty Art Mac Con O Neal, who was Prisoner there; and thus stood the Kingdom of Ireland, which Kildare kept in a better condition than it had formerly been in; for he awed the Rebels by his Reputation; which was obtained partly by his courage, and the fierceness of his Humour, and partly by his great and frequent Success; and he secured the Pale by Castles and Fortifications, built on the Borders; which kind of Defence former Ages had too much neglected. And so on the 22th day of April, the King died, at his Palace of Richmond, in the four and twentieth Year of his Reign, and the three and fiftieth Year of his Age. THE REIGN OF HENRY VIII. KING OF England and France, Lord (and afterward King) of IRELAND. HENRY the Eighth, the only, surviving Son of his Father, succeeded, peaceably, to the Throne of his Ancestors, April, 22. 1509. in the eighteenth Year of his Age: In him both Roses were united, for by his Father he was Heir to the Lancastrian Line, and by his Mother to the House of York; and so being without Competitor, was the more capable to effect those great Designs, which he afterwards undertook. He found in the Government of Ireland Gerald Earl of Kildare, whom he continued Lord Justice, (and the Year following made him Lord Deputy) and on good Reasons, for though Kildare was counted Rash and Unpolitick, yet he was a Man of great Interest and Courage, and his Name was more terrible to the Irish than an Army. And here let me observe, once for all, That no Nation in the Word is more governed by Reputation and Appearance than the Irish, the Common People are dejected by a Trifle and elevated for less than nothing: And this Observation is manifestly justified by their frequent Submissions, and their as frequent Rebellions; and if any object their continued Obstinacy to the Irish Interest and Popish Religion, it is easily answered; That as their Fears are without Cause, so their Hopes are without Reason, and that their Hopes exceeded their Fears, is partly to be attributed to the Nature of Man, (facile credimus quod volumus) but chief to the Noblemen and Clergy, whose Interest and Business it was to keep the Mobile always in Expectation, and to make them believe, That one Day or other the Popish Interest would prevail. The King unwilling to disturb an infant Government, by unnecessary and disobliging Changes, did likewise continue all the Officers of State in their Dignities; who together with the Deputy, and the Mayor, aldermans and Citizens of Dublin, immediately proclaimed him, King of England and France and Lord of Ireland, with as much Formality and State as the time could afford; which was followed with the Shouts of the People, ringing of Bells and Bonfires, as is usual; and the like was done in the other chief Cities and Towns: After which, on the twenty fourth Day of June, the King and the Queen were crowned at Westminster, by Warham Archbishop of Canterbury. Kildare being now made Deputy, designed an Expedition into Munster, 1510. he levied an Army in the Counties of Dublin, Louth, Meath and Kildare, and was also assisted by Hugh O Donel, Lord of Tyrconnel, they marched into Desmond without Opposition, burning and spoiling all as they went, and there they took some Castles; but as they returned slowly, being loaden with Prey, at Monetrar, in the County of Limerick, Ware's Annals, 87. they met with a great number of their Enemies, led by James, eldest Son of the Earl of Desmond, Tirlagh O Bryan, Chief of Thomond, and Mac William, a Lord of the Burks; both Sides were resolved to fight, which they did desperately, to the great loss of both Parties, especially of the Royalists, who were tired with long Marches, and overburthened with too much Prey; and perhaps it had been fatal to them, if the Night had not ended the Conflict, which gave Kildare the Opportunity to make a safe Retreat the next Day, without further Damage. This Year there were so great Floods and Inundations, 1511. that Trees, Houses and Bridges were overturned in several Places. Cahir O Connor, Prince of Offaly, was murdered by his own Followers, near the Abbey called Monasterpheoris, in the King's County: And this Year began the Lateran Council under Julius TWO, which ended under Leo X, anno 1518. Kildare having the last Year put himself into a Condition of appearing early and formidably abroad this Spring, 1512. undertook an Expedition into Ulster; the Castle of Belfast (which he had demolished nine Years since) was now again repaired, but unable to resist the Power of the Deputy, it was again the second time taken and destroyed. It is not recorded that Kildare met with much opposition, so that he had little to do but to burn and waste the Country, and to gather the Preys together; most part whereof he divided among his Soldiers. Rokeby Archbishop of Dublin held a provincial Synod at Dublin, but what they did non constat, for the Canons are lost: And the Lord Deputy built the new Chapel, in the Choir of Christ Church, Dublin, where himself was afterward buried. About this time the Citizens of Dublin did assault the Earl of Ormond in S. Patrick's Church, and shooting at random, defaced Images, etc. For which Sacrilege they were enjoined this Penance, by a Legate sent on purpose, viz. That the Mayor should go barefoot through the City, before the Eucharist, on Corpus Christi Day, which was performed accordingly. But because of the manner of Expression used in those Days, and some other Curiosities in the Story, I will insert it at large, in the Words of Holingshead. Between Gerald Earl of Kildare and James Butler, H●●ingshead, 82. Earl of Ormond (their own Jealousies, ●ed with Envy and Ambition, kindled with certain lewd factious Abetters on either side) as generally to all Noblemen, so especially to both those Houses very incident, ever since the ninth Year of Henry the Seventh, bred some trouble in Ireland: The Plot of which mutual Grudge was grounded upon the factious Dissension, which was in England between the Houses of York and Lancaster, Kildare cleaving to York and Ormond relying to Lancaster; to the upholding of which Discord, both these Noblemen laboured with Tooth and Nail to overcrow, and consequently to overthrow one the other: And for so much as they were in Honour Peers, they wrought by Hook and by Crook, to be in Authority Superiors. The Government therefore, in the Reign of Henry the Seventh, being cast on the House of Kildare, James Earl of Ormond, a deep and far reaching Man, giving back like a butting Ram, to strike the harder Push, devised to inveigle his Adversary by Submission and Courtesy, being not then able to over-match him with Stoutness or Pre-eminence: Whereupon Ormond addressed his Letters to the Deputy, specifying a Slander raised on him and his, That he purposed to deface his Government, and to withstand his Authority: And for the clearing of himself and his Adherent, so it stood with the Deputy his Pleasure, he would make his speedy Repair to Dublin, and there, in an open Audience, would purge himself of all such odious Crimes, of which he was wrongfully Suspected. To this reasonable Request had the Lord Deputy no sooner condescended, than Ormond with a puissant Army marched towards Dublin, encamping in an Abbey in the Suburbs of the City, named S. Thomas Court; The approaching of so great an Army, of the Citizens suspected, and also of Kildare's Counsellors, greatly disliked. Lastly, the Extortion that the lawless Soldiers used in the Pale, by several Complaints detected. These three Points, with divers other suspicious Circumstances laid and put together, did minister occasion rather of further Discord, than of any present Agreement: Ormond persisting still in his humble Suit, sent his Messenger to the Lord Deputy, declaring, That he was pressed, and ready to accomplish the Tenor of his Letters, and there did attend (as became him) his Lordship his Pleasure; and as for the Company he brought with him from Munster, albeit suspicious Brains did rather of a malicious craftiness surmise the worst, than of charitable Wisdom did judge the best; yet notwithstanding, upon Conference had with his Lordship, he would not doubt to satisfy him at full, in all Points, wherewith he could be with any Colour charged, and so to stop up the Spring, from whence all the envious Suspicions gushed. Kildare, with this mild Message entreated, appointed the Meeting to be at S. Patrick his Church; where they were ripping up one to another their Mutual Quarrels, rather recounting the Damages they sustained, than acknowledging the Injuries they offered: The Citizens and Ormond his Army fell at some jar, for the Oppression and Exaction with which the Soldiers surcharged them; with whom as part of the Citizens bickered, so a round knot of Archers rushed into the Church, meaning to have murdered Ormond, as the Captain and Bell-Wether of all this lawless Rabble. The Earl of Ormond suspecting that he had been betrayed, fled to the Chapterhouse, put too the Door, sparring it with Might and Main. The Citizens, in their Rage, imagining, That every Post in the Church had been one of the Soldiers, shot hab nab, at random, up to the Roodloft, and to the Chancel, leaving some of their Arrows sticking in the Images. Kildare pursuing Ormond to the Chapiter-House-door, undertook on his Honour, That he should receive no Villainy. Whereupon the recluse craving his Lordship's Hand, to assure him his Life, there was a Clift in the Chapiter-House-Door pierced at a trice, to the end both the Earls should have shaken Hands and be reconciled. But Ormond surmising that this Drift was intended for some further Treachery, that if he would stretch out his Hand, it had been percase chopped off, refused that Proffer, until Kildare stretched in his Hand to him, and so the Door was opened, they both embraced, the Storm appeased, and all their Quarrels for that present rather discontinued than ended. In this Garboil one of the Citizens, surnamed Blanchfield, was slain. This latter Quarrel being like a green Wound, rather bungerly botched than sound cured, in that Kildare suspected, That so great an Army (which the other alleged to be brought for the Guard of his Person) to have been of purpose assembled, to outface him and his Power, in his own Country, and Ormond mistrusted, That this tracherous Practice of the Dublinians, was by Kildare devised. These and the like Surmises, lightly by both the Noblemen misdeemed, and by the continual twattling of Fliring Clawback's in their Ears, whispered, bred and fostered a Malice betwixt them and their Posterity, many Years incurable; which caused much Stir and Unquietness in the Realm, until the Confusion of the one House, and the nonage of the other, ended and buried their mutual Quarrels. Ormond was nothing inferior to the other in Stomach, and in reach of Policy far beyond him. Kildare was in Government mild, to his Enemies stern, to the Irish such a Scourge, that rather for despite of him, than for Favour of any part, they relied for a time to Ormond, came under his Protection, served at his Call, performed by Starts (as their manner is) the Duty of good Subjects. Ormond was secret, and of great forecast, very stayed in Speech, dangerous of every Trifle that touched his Reputation. Kildare was open and plain, hardly able to rule himself, when he was moved to Anger; not so sharp as short, being easily displeased and sooner appeased; being in a Rage with certain of his Servants, for Faults they committed, one of his Horsemen offered Master Boice (a Gentleman that retained to him) an Irish Hobby, on condition, That he would pluck an Hair from the Earl his Beard. Boice taking the Proffer at rebound, stepped to the Earl (with whose good Nature he was throughly acquainted) parching in the Heat of his Choler, and said, So it is, and if it like your good Lordship, one of your Horsemen promised me a choice Horse, if I snip one Hair from your Beard. Well, quoth the Earl, I agree thereto, but if thou pluck any more than one, I promise thee to bring my Fist from thine Ear. But after all, this simple Story is founded on a Mistake, for the Earl of Ormond (whose Name was Thomas) lived in England, in great Repute, all the Reign of Henry the Seventh, and afterwards until his Death, anno 1515, and therefore the Person intended by the Story must by Sir James Ormond, formerly Lord High Treasurer, whom I have often mentioned in the Reign of the last King. But this digression has been too long, 1513. let us therefore return to the Lord Deputy, whom we shall find animated with the last Years Success, and resolved to invade Ely O Carol early in the Summer; but his Preparations being great, took up more time than he thought they would require; but at last they were got ready, and he began his March in August, but at Athy he fell sick, and from thence was removed to Kildare, where on the third Day of September he died, and was buried in Christ Church in Dublin, to which he had been a liberal Benefactor: And thus were the great Designs of this mighty Lord defeated, even in the midst of his Career, and at the very time when he promised himself most Glory and Success. Gerald Earl of Kildare, Son of the deceased Earl, and Lord Treasurer, was by virtue of the Act of Parliament formerly mentioned anno 10 Hen. 7. and by reason of his Place of Treasurer, Spelm. Glos. 334. made Lord Justice by assent of the Council: But it seems, that afterwards, viz. 32 Hen. 8. there was a Statute made, entitled, An Act for the electing of the Lord Justice; which restrained the Council from electing any body but an Englishman born, and not in Orders. The Lord of slain was made Lord High Treasurer, and Sir William Crompton Lord Chancellor, and all other public Matters were ordered as well and expeditiously as they could; nevertheless, so much time was taken up in these Alterations, and in the Formalities of State, that the Season was too far spent for any military Action this Year, so that Daniel Mac william met with little Interruption in taking the Castle of Dunluce; nor did the rest of the Irish find any Opposition this Winter, but ravaged over the Country as they pleased: However, they paid dearly for it the next Spring. For the valiant Earl of Kildare, 1514. who was Heir to his Father's Courage, as well as to his Honour, grew impatient at the Insolences of O More and O Reyly, and therefore resolved to attack them successively: He began with O More, and invaded the county of Leix, and beat that Rebel and his Party into the Woods; which being done, he turned aside into the Brenny, and took the Castle of Cavan, and having slain Hugh O Reyly and many of his Followers, he chased the rest into their inaccessible Fastnesses, and then burnt and destroyed the Country, and returned loaden with Booty. William Viscount Gormanstown was the thirteenth of June made Lord Justice, 1515. probably in the Absence of the Earl of Kildare, who might then go to England to confer with the King about the Parliament designed to be holden in the Spring: But however that be, it is certain▪ That Girald Earl of Kildare was by the King made Lord Deputy, and on the twenty fifth Day of February held a Parliament at Dublin, which by several Prorogations continued until the Thursday after Michaelmas, 1517. Ware, 92. This Parliament gave the King a Subsidy, and made one good Act for those times, viz. That no Man shall be compelled by Privy Seal to answer any Complaint in England, until the Accuser enters into Recognizance in the Chancery of Ireland, to pay the Defendant his Costs and Damages, if he be acquit; which very much abated that vexatious Course of Proceeding, so that it is now obsolete and quite out of use. On the third Day of August, Ware, 93. died Thomas Earl of Ormond, at London; he had been Ambassador into France, Privy-Counsellor in England, and had Place in the English Parliament above all the Barons: He was the richest Subject the King had, and left forty thousand Pound in Money, besides Jewels, and as much Land to his two Daughters in England, as at this Day would yield thirty thousand Pound per annum; but he left no Issue Male to enjoy his Irish Estate, which therefore descended to his Kinsman, Sir Pierce Butler Earl of Ormond. The Lord Deputy to repress the Incursions of the bordering Irish, 1516. and to show himself as fit for War as Peace, invaded Imaly, and slew Shane O Tool in Battle, and sent his Head to the Mayor of Dublin: Thence he marched into Ely O Carol, where he was joined by several Noblemen of Munster and Leinster of English Extraction, and particularly by Pierce Earl of Ormond, and James, eldest Son of the Earl of Desmond; and being strengthened with this Supply, he undertook the Siege of Lemevan-Castle, which the Garrison defended for a Week, and then by Night deserted, and left it to be demolished (as it was) by the Lord Deputy. With this good Success he was encouraged to attempt the Town of Clonmel; which he did with so much celerity, that the Townsmen (being surprised) immediately surrendered upon Conditions: And so the Deputy ended this Campeign, and returned loaden with Hostages, Prey and Glory. It is worthy observation, That the Irish had great Expectations of Advantage this Year, by reason of a blind Prophecy, generally believed among them, Ware, 95. That the poorest and weakest Sept in Ireland should this Year prove the most Powerful and Warlike: It is probable that they were encouraged thereby to provoke the Lord Deputy to the aforesaid Expedition: But however that be, this is certain, That Superstition hath been often fatal to the Irish Nation. But Kildare finding it necessary to advance his Victorious Arms in Ulster, 1517. reinforced his Troops, and marched into Lecale, where he took the Castle of Dundrum, which had been very offensive to the neighbouring English; thence he marched against Fylemy Macgenis, whom he easily conquered and took Prisoner, with the Slaughter of many of his Followers: And so having wasted that Country, he marched into Tyrone, where he took and burnt the Castle of Dungannon, and preyed and burnt all the Country thereabouts. But the Citizens of Dublin had not so good luck, for a Company of them (thinking that the very Name of the King's Forces, could obtain Victories over the Irish) made an Incursion into Imaly; but being (as we say) Freshwater Soldiers, upon the Slaughter of a few of them, the rest were frighted back to their Shops. The Winter this Year was exceeding Cold, and the Ice strong enough to bear all manner of Carriages, which is very unusual in Ireland: And this Winter Queen Mary was born, whose Superstitious Zeal proved as extreme Hot, as the Wether was Cold. The Fortune and Victories of the Lord Deputy, influenced the Irish to be quiet this Year, and the Reputation of the Government was somewhat augmented, by the Honourable Peace which the King made with the French, 1518. in September, which was afterwards proclaimed in Dublin. In the mean time, Ware, 54. places this Anno 1597. but is mistaken. great were the Dissensions in Ireland, between Sir James Ormond, a Man of great Courage and Reputation, and Sir Pierce Butler, a valiant Gentleman, about the Earldom of Ormond; the former was a Natural Son of John (by some called Earl of Ormond) elder Brother of Thomas, the last Earl; and the other was Son of Sir James Butler, Son of Sir Edmund, Son of Sir Richard Butler, who was Brother to James, the Fifth Earl of Ormond, so that Pierce his Grandfather (Sir Edmond) was Cousin German to the Deceased Earl Thomas. Hereby it appears that the Right to that Earldom, was in Sir Pierce, who had married the Lady Margaret Fitz-Girald, the Lord Deputies Sister; nevertheless, Sir James, having formerly been Lord Treasurer, and a very popular Man, and probably the Manager of this Estate, for his Uncle Thomas, who always resided in England, by the help of the Tenants, got into possession, and by the same assistance, and his own vigour, he kept what he had got, without allowing any thing to the right Heir towards his maintenance; whereby that Noble Pair (Sir Pierce and his Wife) were reduced to great extremity. It is scarce credible that Persons of that Quality, and so well allied, should be forced to lurk in Woods, and want a Bottle of Wine for their Refreshment; Holingsh. 84. and yet Stanyhurst reports a formal Story, That the Lady Margaret Fitz-Girald, (Wife of Sir Pierce Butler) being great with Child, complained to her Husband, and their Servant James White, that she could no longer live on Milk, and therefore earnestly desired them to get her some Wine; whereto Sir Pierce replied, That she should have Wine enough within twenty four hours, or feed alone on Milk, for him; and immediately he went away with his Page, to lie in wait for his Competitor, whom he met the next day (riding with six Horsemen Attendants) between Drumore and Kilkenny, March 17. and upon a sudden Sir Pierce rushed in upon him, and killed him with his Spear, and thenceforward enjoyed the Estate in quiet. This Year Rokeby, Archbishop of Dublin (who was likewise Lord Chancellor) held a Provincial Synod at Dublin, the Canons whereof are to be found in the Registry of the Bishop of Clogker: And this Year or the next Art O Neal invaded and wasted O Dogherty's Island of Inisowen in the County of Donegal. The Enemies of the Earl of Kildare, had the last year done what they could underhand to disgrace him in England; but he had so well defended himself by his Friends there, 1519. that their Design was ineffectual; wherefore they addressed themselves to Cardinal Wolsey, and by his means procured Kildare to be recalled, to answer Articles exhibited against him for Maladministration. First, Ware, 98. That he had enriched himself and Followers by the King's Revenue and Land. Secondly, That he had Alliance and Correspondence with several Irish; he had the King's Leave to substitute a Deputy; so he appointed Sir Thomas Fitz-Girald of Lackagh, a Knight of his own Family, Lord Justice; in the mean time Kildare marries in England with Elizabeth Grey, Daughter of the Marquis of Dorset; by whose means he got favour in England, and was dismissed; but Cardinal Wolsey suggesting the King had neglected Ireland too long, and that some worthy man ought to be sent over, that was impartial to any Faction or Party, and was able to keep them not only more peaceable amongst themselves, but also more serviceable to the King, to the end that the Blood and Vigour, which else would be spent in their Civil Dissensions, might be opposed to the common Enemy, he procured to be sent into Ireland, Thomas Howard, Earl of Surrey, Lord Admiral of England, Wales, and Ireland, Knight of the Garter, Lord Lieutenant, 1520. he came over the Wednesday before Whitsuntide, with an hundred of the Guards, and a thousand others, Horse and Foot; by this the Cardinal obtained a double Advantage; first, In disappointing his Enemy, the Earl of Kildare of the Government of Ireland; and secondly, In removing the Earl of Surry from the Court of England, where he was a great Favourite. On Whitsunday the Lord Lieutenant was alarmed with a Report, That Con Buckah O Neal (who by Popular Election succeeded his Brother Art) had invaded Meath (with four thousand Horse, and twelve thousand Foot, says Paulus Jovius, but falsely:) Surry was in haste to encounter the Rebel, not doubting but that the Victory would be an honourable and happy Omen of his future Government; and therefore adding to his small Army such of the Militia (called The Rise out) of City and Country, as he could get on so short warning, he marched to Slain; but O Neal was frighted with the Name of this General, and retired so fast, that the Lord Lieutenant could neither find him nor his Army; but not long after, O Neal sent Letters to implore Pardon; which was granted him, on promise of future Obedience. On the sixth of September, the Lord Lieutenant wrote to the Cardinal, That some Soldiers had seized on a Boat, with design to be Pirates; but being prevented and apprehended, they continued in Gaol, because they could not be capitally punished by the Common Law, and he had no Clause of Martial Law in his Commission (as indeed he had not, nor of conferring Knighthood, which is strange) and the better to ingratiate with the Cardinal, he added, That the Earl of Kildare will be found guilty of sending Letters to O Carol, to raise a Rebellion; and that if Kildare should be suffered to come to Ireland, the whole Kingdom will be undone; and he concludes, That there is so great a Scarcity and Dearth in Ireland, that the Soldier cannot live on four pence a day, and therefore desires that a penny a day may be added to their Pay. In October, Lib. CCC. the King wrote to the Lord Lieutenant, That there will never be a thorough Reformation in Ireland, until all the Irish are amesnable to Law, and have the Benefit of it; and not long after a Commission of Martial Law, and of conferring Knighthood, was sent to the Lord Lieutenant; and he was ordered to Knight O Neal and other Irish Potentates, and the King sent a Collar of Gold to O Neal, and ordered the Lord Lieutenant to prevail with them (if possible) to visit the King and Court of England, in hopes to inure him to Civility, and a regular way of Living; and the same Letter order Surry to propose a Match between the Earl of Ormond's Son, and Sir Thomas Boulogne's Daughter. In the mean time, the Earl of Kildare was set at liberty on Bail, his Adversaries not being able to prove any thing to the purpose against him; and soon after he was received into Favour, and attended the King into France, and was present at the Interview of both Kings, near Calais. Maurice Fitz-Thomas of Lackagh, was basely murdered by the O Moor in Leix, and Maurice, Earl of Desmond, being dead, his Son and Successor, James, soon after met the Lieutenant at Waterford, where the Earls of Ormond and Desmond, by his means were reconciled, and mutually perfected Indentures of Agreement, and gave Hostages for the performance of them. The Earl of Surry was brisk upon the Birns, 1521. and in October drove them from place to place, into their Fastnesses and lurking holes; which gave Quiet to the rest of the Pale; and it had need of it; for by the wetness of the Harvest, Corn became very scarce. This Lieutenant was resolved to make the Army serviceable, and as an instance of his Discipline, he disbanded Sir John Bulmer's Troop, for their Inexperience or Cowardice. Surry calls a Parliament, which met at Dublin, the fourth of June, and Enacted many good Laws, viz. 1. That wilful Burning of Houses or Reeks of Corn, be Treason. 2. That the Transporter of Wool or Flocks, shall forfeit double Value. 3. Because there are but few Freeholders' in the four Shires where the King's Law is used, therefore he that has ten Marks per annum, may be Juror in Attaint. This Parliament ended (after several Prorogations) the twenty first of May, 1522, and not in March, as it is in Sir James Ware's Annals 102. Whilst Surry was at Dinner in the Castle of Dublin, News was brought him, that the O Mores, who had confederated with the O Conners, O Carol, and other Irish, against the English, (which they counted the common Enemy) were on the Borders of the Pale; wherefore, as well to repel them, as to revenge the aforesaid Murder of Maurice Fitz-Thomas, the Lord Lieutenant, accompanied with the Mayor of Dublin, and a choice Band of Citizens, and several of the Nobility, and their Attendants, invaded Leix, (which is a Country full of Woods and Bogs.) The Irish divided their Forces into several Parties, and having Intelligence, that the Carriages and Baggage of the Army was slenderly guarded, they took their opportunity to attack that part, and did it so briskly, that several of the Lord Lieutenant's Soldiers fled; but the Valour of Patrick Fitz-Simons is recorded by the Historian, to have preserved that necessary Concern of the Army, and to have cut off, and brought to the Mayor's Tent two of the Rebels Heads. Nor perhaps had so small a thing been known to the Lord Lieutenant, or recorded in History, but by the means of Fitz-Simons's his Enemies; for the cowardly Soldiers that fled, laid the blame on Fitz-Simons; who, to justify himself, produced the two Heads, and retorted the Crime of Cowardice upon his Accusers, and so obtained both Reward and Honour, by a great, but frequent Providence of Divine Justice, that turns even the Malice of our Enemies to our Advantage. It must be observed, That in these Irish Wars, it was harder to find the Enemy than conquer them. O More's Army, that was just now in a Body formidable to the Pale, is now divided into small Parties, and those skulking in thick Woods and deep Bogs. Whilst the Lord Lieutenant marched through these Wildernesses, a Rebel that lay in Ambush on the side of a Wood, shot at him, and struck the Vizor off his Helmet, but did not hurt him. Much ado they had to find the stubborn Tory, but at last they got him, and Fitz-Williams and Bedlow were forced to hue him to piecs; for he would not yield. This Accident manifested the Danger of the March, and turned their Arms into Offaly, where they besieged Monasterpheoris, but after a Day or two, the Garrison frighted with the great Guns, ran a way by Night: So Surry left a Garrison there, and burned the Country till the twenty third of July. But O Conner had not only removed the Corn and Cattle beforehand, to deprive the English of Sustenance and Prey, but very wisely invaded Meath, hoping by that Diversion to preserve his Country. But whether Surry's Expedition and Intelligence occasioned it, or that the Rebels designed to fight him, it matters not, since it is certain that they met, Ware's Annals, 104. and that whatever they resolved or bragged of beforehand, when it came to the Trial their Hearts failed them, and Surry got a Victory almost without Blow, and made great Slaughter in the Pursuit, his only Loss being the valiant Lord of Dunsany, who (probably) was too eager in the the Chase of the Rebels. O Carol pretended that the Earl of Kildare had instigated him to this Rebellion. However, (as Surry phrases it in his Letter to the King) he made Peace with the King and his Lieutenant, and gave his Son and Brother Hostages for the performance of it. In the mean time Cardinal Wolsy, who was Legate the latere in England, sent over Bulls and Dispensations into Ireland, by his Factor and Register John Allen; Lib. CCC. but it seems they did not turn to account, for Allen, in his Letter to the Cardinal, complains, they went off but slowly, because the Irish had so little sense of Religion, that they married within the Levitical Degrees, without Dispensations, and also because they questioned his Grace's Authority in Ireland, especially out of the Pale. O Donel was lately returned from Rome, and by Letters and Messages promised great Matters, as well from his own People as the Scottish Islanders, if he might be received into Favour; Ibid. wherewith the Lord Lieutenant was so wheedled, that he not only granted his Pardon, but highly commended his Loyalty, in a Letter to the King. And in confidence of O Donel's Integrity, the Lord Lieutenant, accompanied by O Neal, and four hundred Horse, four hundred Gallowglasses and eight hundred Kern, undertook an Expedition into Ma● Mlaghlins' Country, but O Donel most perfidiously took the Opportunity of O Neal's Absence to invade him and Mac Genis, and burnt seventeen Villages in their Countries, and took considerable Preys; whereupon O Neal was forced to return, and Surry's Expedition was Fruitless. This Lord Lieutenant wrote a notable Letter to the King, on the thirtieth of June, Lib. H. Lambeth. to this effect, That the Irish were not to be reduced but by Conquest, and that if the Army undertook but one Province at once, than two thousand five hundred Men would suffice; but their Confederacies would make it necessary to attack them in several Places at once, and then less than six thousand would not do the Business, all which must be paid and victualled out of England: That Ireland is five times as big as Wales, and therefore the Conquest would not be perfected in ten Years: And that when it is conquered it must be inhabited by a new Colony of English, for the Irish will relapse, do what you can. In Munster there were great Feuds between James Earl of Desmond and Cormock Oge Lader Mac Carthy of Muskry; Ware's Annals 104, says Mac Carty Riagh, but is mistaken. the Archbishop of Dublin and other Commissioners went to Waterford to appease them, but in vain, for Desmond persisted to burn and prey Mac Carthy's Lands. And Cormock Oge was not backward to revenge the Injury, for being Confederate with Sir Thomas Desmond, the Earl's Uncle, and yet implacable Enemy, they fought a Battle with the Earl in September, killed one thousand of his Men, put himself to Flight, and took two of his Uncles (John and Gerard) Prisoners. But the Lord Lieutenant, January, 1521 Lib. H. being weary of the Government, or indisposed in his Health, obtained the King's leave to return; and left behind him a good Reputation, and (by the King's Orders) his intimate Friend Pierce Earl of Ormond, February. Lord Deputy, who fearing the Defection of the Irish, because the Earl of Surry had carried with him all the Forces he brought out of England, whereby the Army was left exceeding weak. And being also doubtful of an Invasion from the Scots, he desired of the Cardinal, That six of the King's Ships might be ordered to cruise between Ireland and Scotland. I have seen a Patent of Denization, to Charles Mac Carthy of Castlemore, too long here to be recited, though there are many things observable in it, particularly the Proviso, Quod idem Cormacus homagium ligeum nobis faciet ut est justum: And I suppose the like Proviso was in all other Patents of that sort, and imported that the should have the Benefit of the Law no longer than they persisted in their Allegiance. But though the King's Army was not in Action, 1522. yet O Neal's and O Donel's were, for the last Years Injury manet alta ment repositum: However, they managed their Wars rather like Tories than Soldiers, for after some light Skirmishes, O Neal pretending a Retreat, on a sudden rushed into Tyrconnel, where he burned and demolished all he could find, and particularly O Donel's best Castle (of Ballyshanon): Which he in the mean time revenged, by an incursion into Tyrone, and thence returned, loaden with Prey and Prisoners. And thus these valiant Princes made War, almost fatal to both sides, without Blows or Battle. But let us leave the Camp and a while turn to the Court, Lib. H. where we shall find an Irishman, sent by Mac Gilpatrick, Chief of Upper Ossory, to the King, to complain against the Deputy: He met the King going to Chapel, and delivered his Embassy in these Words, Sta pedibus Domine Rex, Dominus meus Gillapatricus me misit ad te, & jussit dicere, Quod si non vis castigare Petrum Rufum, ipse faciet bellum contra te. This Year was fatal to Ireland, no less by the Plague than the Sword, it raged especially at and about Limrick, the Mayor whereof died of that Distemper. And about this time died the famous Poynings, and at Christmas the City of Rhodes was forced by the Turk. The Earl of Kildare (who returned in January last) got leave of the Deputy to invade the Country of Leix; 1523. and being accompanid with Jons Fitz-Simons, Mayor of Dublin, and some Citizens, he entered the Country, and burned a few Villages; but he was intercepted by an Ambush, and lost a great many of his Followers, and with some Difficulty made his Retreat. And now Jealousies and Discords began to arise between the Earls of Ormond and Kildare, which were so maliciously fomented by evil Instruments, that the Affinity between them was little considered, nor did their Animosities determine otherwise, than by the Ruin of one Family, and the Infancy of the other. Among all their Followers James Fitz Gerald had most Credit with Kildare; and Robert Talbot of Belgard, was the chief Favourite of Ormond: This Talbot was going to keep his Christmas at Kilkenny, with the Deputy, but being met by James Fitz Gerald near Ballymore, was by him slain, or rather murdered; which so exasperated the Earl of Ormond, that he immediately sent to England an Impeachment against Kildare. Hereupon a Commission issued to Sir Ralph Egerton, 1524. Sir Anthony Fitz-Herbert, and James Denton, Dean of Litchfield, to examine that Matter; with Instructions, That if the Earl of Kildare purged himself of the Crimes objected, that then they should depose the Deputy, and place Kildare in his room. This Commission and Instructions were procured by the Marquis of Dorset, Kildare's Father-in-Law, and the Success was according to his Desire, for after a slight Enquiry into this Affair, the Commissioners made a formal Agreement between both Earls, by an Indenture dated the twenty eighth of July, and in a little time after deprived Ormond of the Government; and placed in his stead Gerald Earl of Kildare, Lord Deputy. It seems that his Patent, and other necessary Circumstances were prepared beforehand, for the Indentures made between the King and this Earl bear date the fourth of August, 16 Hen. 8. and import, That he took the Government as from Midsummer before, and that the Earl of Ormond should receive the Revenue till that time. That the Earl shall support the Government of Ireland with the Revenue of the Country, and shall not take Coin and Livery, Lib. H. but at Hostings, and then his Soldiers shall be content with Flesh, Bread and Ale on Flesh-Days, or two Pence in lieu of it, and Fish or Butter on Fish-Days, or two Pence in lieu of it; the Foot Soldiers shall be content with three half Pence a Day, in lieu of the said Allowance; and Boys shall be content with what they can get, or a Penny in lieu of it; and each Trooper shall take but twelve Sheaves of Oats a Night, or two Pence in lieu thereof. The Day this Lord Deputy was sworn Con O Neal carried the Sword before him to Thomas-Court, where he entertained the Commissioners at a splendid Banquet. And so these Commissioners having determined this great and some lesser Controversies, returned into England, and according to their Instructions, carried with them the aforesaid James Fitz-Gerald, as a Prisoner. The Cardinal (Wolsy) the implacable Enemy of the Giraldines, was glad of this occasion to affront that Noble Family, and therefore caused this James Fitz-Gerald, to be carried through the City of London, to Prison, with a Rope about his Neck. Nevertheless, it so happened afterwards, that by the Intercession of the Dean of Litchfield, James obtained his Pardon, and was sent back home, in spite of the Cardinal. James Earl of Desmond, a Man of great Power and Estate in Munster, had for some time designed a Rebellion, and to that end, by his Agent Anthony Doily, had solicited Francis the First, the French King for Assistance, and entered into Covenants with him, anno 1523. however, it came to nothing, because of the Peace that ensued between both Kings, upon which this Intrigue was fully discovered. The Deputy had Orders to apprehend Desmond, and to that end did march into Munster; but either that Earl's Intelligence, or Kildare's Correspondence with him prevented the Arrest; the latter was vehemently suspected, and not without Reason, because of the great Friendship and the Consanguinity between them. After this, the Earl of Kildare and Con O Neal, invaded Tyrconnel; but upon notice, That Hugh O Neal (Competitor with Con) was up in Tyrone, they clapped up a Peace with O Donel, and turned their Forces against O Neal, whom they totally defeated and slew. 1525. Maurice Cavenaugh, Archdeacon of Leighlin had barbarously murdered his Diocesian, Maurice Doran, at Glanreynold, for which he and his Complices were hanged and their Bowels burnt. The last Year there was a great Dearth, by reason of a Wet Autumn, and this Year there was a great Plague, especially about Dublin, by reason of a Hot Summer. Con O Neal and Manus O Donel, Ware, 118. repaired to Kildare, to reconcile their Controversies; 1526. but after many Altercations and Disputes, they returned re infecta. But Kildare had not only engaged the Birneses to serve the Earl of Desmond, Lib. CCC. but also by his Letter of the eighteenth of July, invited Desmond to meet him in Ossory; and this Letter being intercepted by the means of the malicious Cardinal, Kildare was sent for to England, to answer an Impeachment against him; and particularly, I. That he did not obey the King's Orders, to apprehend Desmond. II. That he had contracted Alliance with several of the King's Irish Enemies. III. That he had executed several good Subjects, only because they were Dependants upon the Family Ormond. iv That he had made private Confederacies with O Connor, and other Enemies, to invade the Territories of Ormond, when he was Deputy. Upon this, Kildare was imprisoned in the Tower of London; and being brought to the Council-Table, Cardinal Wolsy, than Lord Chancellor, as the Mouth of that Honourable Board, spoke to him as followeth. I wots well (my Lord) that I am not the meetest at this Board to charge you with these Treasons, because it hath pleased some of your Pew-fellows to report, That I am a professed enemy to all Nobility, and namely to the Giraldines; but seeing every shrewd Boy can say as much when he is controlled, and these Points so weighty, that they should not be dissembled of us, and so apparent, that they cannot be denied of you; I must have Leave (notwithstanding your stolen Slander) to be the Mouth of these Hononrable Lords, at this present, and to trump your Treasons in your way, howsoever you take me. First, You remember how the lewd Earl of Desmond, your Kinsman, (who passeth not whom he serveth, might he change his Master) sent his Confederate with Letters of Credence unto Francis, the French King; and having but cold Comfort there, went to Charles the Emperor, proffering the Help of Munster and Connaught, towards the Conquest of Ireland, if either of them would help to win it from our King: How many Letters, what Precepts, what Messages, what Threats have been sent you to apprehend him, and yet not done? Why so? forsooth I could not catch him: Nay, nay, Earl, forsooth you would not watch him. If he be justly suspected, why are you partial in so great a Charge? if not, why are you fearful to have him tried? Yea, for it will be sworn and deposed to your Face, that for fear of meeting him, you have winked wilfully, shunned his Sight, altered your Course, warned your Friends, stopped both Ears and Eyes against his Detectors; and whensoever you take upon you to hunt him out, then was he sure aforehand to be out of your Walk. Surely this juggling and false Play little became either an honest Man, called to such Honour, or a Nobleman put in so great Trust: Had you lost but a Cow or a Horse of your own, two hundred of your Retainers would have come at a Whistle, to rescue the Prey from the uttermost edge of Ulster: All the Irish in Ireland must have given you the way. But in pursuing so needful a Matter, as this was, merciful God, How Nice, how Dangerous, how wayward have you been? one while he is from Home, and another while he keepeth Home, and sometimes fled, sometimes in the Borders, where you dare not venture. I wiss, my Lord, there be shrewd Bugs in the Border, for the Earl of Kildare to fear; the Earl, nay the King of Kildare: For when you are disposed, you Reign more like than Rule, in the Land. Where you are pleased the Irish Foe standeth for a just Subject; Hearts and Hands, Lives and Lands are all at your Courtesy; who fawneth not thereon, cannot rest within your Smell; and you smell so rank, that you tract them out at Pleasure. Whilst the Cardinal was speaking, the Earl chafed and changed Colour; and at last broke out, and interrupted him thus. My Lord Chancellor, I beseech you pardon me, I am short-witted, and you, I perceive, intent a long Tale; if you proceed in this order, half my purgation will be lost for lack of Carriage. I have no School-tricks, nor Art of Memory; except you hear me, while I remember your Words, your second Process will hammer out the former. The Lords associate, who for the most part loved Kildare, and knew the Cardinal's manner of Taunts so ready, being enured therewith many years together, humbly besought his Grace to charge him with Particulars, and to dwell in some one Matter, until it were examined throughly. That granted, it is good reason (quoth the Earl) that your Grace bear the Mouth of this Board: But (my Lord) those Mouths that put these things into your Mouth, are very wide Mouths, such as have gaped long for my wreck; and now at length for want of better Stuff, are fain to fill their Mouths with Smoke. What my Cousin Desmond hath compassed, as I know not, so I beshrew his naked Heart for holding out so long. If he ●an be taken by mine Agents, that presently wait for him, then have mine Adversaries bewrayed their Malice, and this heap of heinous Words shall resemble a Scare crow, or Man of Straw, that seemeth at a Blush to carry some proportion, but when it is felt and poized, discovereth a Vanity, serving only to fear Crows; and I verily trust your Honours shall see the proof by the thing itself within these few days. But go too; suppose he never be had; What is Kildare to blame for it, more than my good Brother of Ossory, who, notwithstanding his high Promises, having also the King's Power, is yet content to bring him in at leisure? Cannot the Earl of Desmond shift, but I must be of Council? Cannot he hid him, except I wink? If he be close, am I his Mate? If he be befriended, am I a Traitor? This is a doughty kind of Accusation, which they urge against me, wherein they are graveled and mired at my first denial. You would not see him (say they:) Who made them so familiar with mine Eyesight? Or, when was the Earl within my view? Or, who stood by when I let him slip? Or, where are the Tokens of my wilful Hoodwink? But you sent him word to beware of you: Who was the Messenger? Where are the Letters? Convince my Negatives; see how lose this idle Gear hangeth together. Desmond is not taken; well, you are in fault: Why? Because you are: Who proveth it? No body: What Conjectures? So it seemeth: To whom? To your Enemies. Who told it them? They will swear it. What other Ground? None. Will they swear it, my Lord? Why then of like they know it; either they have my hand to show, or can bring forth the Messenger, or were present at a Conference, or privy to Desmond, or some body bewrayed it to them, or they themselves were my Carriers or Vicegerents therein: Which of these Parts will they choose? For I know them too well; To reckon myself convict by their bare Words, or heedless Say, or frantic Oaths, were but mere Mockery. My Letters were soon read, were any such Writing extant; my Servants and Friends are ready to be sifted: Of my Cousin Desmond, they may lie loudly, since no man here can well contrary them. Touching myself, I never noted in them so much Wit, or so fast Faith, that I would have gauged on their silence the Life of a good Hound, much less mine own. I doubt not, may it please your Honours, to oppose them, how they came to the knowledge of these Matters, which they are so ready to depose; but you shall find their Tongues chained to another man's Trencher, and as it were, Knights of the Post, suborned to say, swear and stare, the utmost they can, as those that pass not what they say, nor with what face they say it, so they say no truth: But on the other side, it grieveth me, That your good Grace, whom I take to be wise and sharp, and who, of your blessed disposition, wisheth me well, should be so far gone in crediting these corrupt Informers, that abuse the ignorance of your State and Country, to my peril. Little know you, (my Lord) how necessary it is, not only for the Governor, but also for every Nobleman in Ireland, to hamper the uncivil Neighbours at discretion, wherein, if they waited for Process of Law, and had not those Lives and Lands you speak of, within their reach, they might hap to lose their own Lives and Lands without Law. You hear of a Case, as it were, in a Dream, and feel not the smart that vexeth us. In England there is not a mean Subject that dare extend his hand to fillip a Peer of the Realm: In Ireland, except the Lord have Cunning to his Strength, and Strength to save his Crown, and sufficient Authority to take Thiefs and Varlets when they stir, he shall find them swarm so fast, that it will be too late to call for Justice. If you will have our Service take effect, you must not tie us always to those judicial Proceed, wherewith your Realm (thanked be God) is enured. Touching my Kingdom, I know not what your Lordship should mean thereby: If your Grace imagine, that a Kingdom consisteth in serving God, in obeying the Prince, in governing with Love the Commonwealth, in supporting Subjects, in suppressing Rebels, in executing Justice, in bridling blind Affections, I would be willing to be invested with so Virtuous and Royal a Name; but if therefore you term me a King, in that you are persuaded that I repine at the Government of my Sovereign, or wink at Malefactors, or oppress civil Livers, I utterly disclaim that odious Term, marveling greatly, that one of your Graces profound Wisdom, would seem to appropriate so sacred a Name to so wicked a thing: But howsoever it be (my Lord) I would you and I had changed Kingdoms but for one Month, I would trust to gather up more Crumbs in that space, than twice the Revenues of my poor Earldom; But you are well and warm, and so hold you, and upbraid not me with such an odious Term. I slumber in a hard Cabin, when you sleep in a soft Bed of Down; I serve under the King's Cope of Heaven, when you are served under a Canopy; I drink Water out of my Skull, when you drink Wine out of Golden Cups; my Courser is trained to the Field, when your Jennet is taught to Amble; when you are Graced, and Belorded, and Crouched, and Kneeled unto, then find I small Grace with our Irish Borderers, except I cut them off by the Knees. Hereupon the Cardinal finding that Kildare was no Fool, adjourned the Cause till farther Proof could be produced; however, being fretted at this Speech, he remanded the Earl to the Tower, contrary to the Opinion of most of the Council; Speed, 775. it seems he was afterwards Bailed on the Recognizance of the Duke of Norfolk, and was again imprisoned upon some Light the Cardinal had gotten of the Message to O Neal and O Connor, which Kildare had sent by his Daughter the Lady Slain. It is reported, That whilst the Earl and the Lieutenant of the Tower were at Play together at Slide-groat, a Mandate was sent by the Cardinal to execute Kildare the next day: Whereupon, he changing Countenance, the Earl swore by S. Bride, That there was some mad Game in that Scroll; but fall how it will, this Throw is for a huddle, says he: Speed, 775. And being told of the Contents of the Letter, he desired the Lieutenant to know the King's Pleasure therein; which he did, and the King was surprised at the thing; for he knew nothing of it: and to control the Sauciness of the Priest (as he phrased it) gave the Lieutenant his Signet for a Countermand; whereat the Cardinal stormed: But it seems to me that this Story is a mere Fiction, because I find not one Word of Kildare's Trial; and it is not credible that they would execute a Man of his Quality, before he was legally Tried and Condemned: Afterwards this Earl was again enlarged out of Prison on very considerable Bail, viz. the Marchioness Dowager of Dorset, Ware, 119. the Marquis of Dorset, the Lords Fitz-Walter and Mountjoy, the Bishop of S. Asaph, Richard Lord Grey, John Lord Grey, Leonard Lord Grey, Sir Henry Gilford, Sir John Zouch, and John, Abbot of Vale-Royal, and was, not long after restored to the King's Favour. When the Earl of Kildare went to England, he substituted his Brother Thomas Fitz Girald of Leixlip, Lord Deputy; but he in a very little time was forced to quit the Sword to Richard Nugent, 1527. Lord Baron of Delvin, Lord Deputy, who could the easier keep the Kingdom quiet, because the great Enemies and Competitors, the Earls of Kildare and Ormond, were both in England; and about this time it happened, that the Title of Ormond was taken from Sir Pierce Butler; who, in lieu thereof, was with great Pomp created Earl of Ossory, 1528. at Windsor the 23d of February. And whoever is curious to see the Copy of the Patent, Ware says 1527. and a large and full Account of the whole Solemnity, may find it, Lib. G. 121, Baker says, 1529. in the Library at Lambeth; and particularly, that he gave the Trumpeters twenty Pounds; whereas the great Earl of Tyrone gave them but forty Shillings. About the same time, Sir Thomas Bullen (who had married one of the Daughters and Coheirs of Thomas Earl of Ormond) was (as it were, Selden's Tit. of Honour, 840. in her Right) Created Earl of Wiltshire and Ormond; and though there is but one Patent for both Titles, yet there are several Clauses of Investiture, several Habendums, and several Grants of Creation-Money. It has been already observed, That many Irish Potentates had received Pensions for many years, on the account of giving Protection to the King's Subjects, or at least, of sparing them from Plunder; and although this scandalous and dishonourable Tribute was duly paid, yet the Irish did not perform their Engagements, but made frequent Sallies and Incursions as they had opportunity, and particularly this very Spring, O Connor made an irruption into the Pale, 1528. and carried away much Prey and Plunder into Offaly; it seems the L. Deputy was too weak to revenge this Outrage by force, Ware's Annals, 121. all that he could do, was to withhold O Connor's Pension; which he did: Hereupon the Rebel complained, as if he had received the greatest Injury, and desired to have a Parley with the Lord Deputy about it on the 12th of May; the Lord Deputy consented, and came at the time appointed, not doubting but that he should convince all the World, and even O Connor himself, of the unreasonableness of his Demand; but alas, he was mistaken; O Connor did not intent to argue the Matter fairly, but was resolved to help himself by a Stratagem, (as they call it) for he perfidiously set upon the Deputy, and took him Prisoner, and killed and wounded many of his Attendants: And thereupon the Council chose Pierce Earl of Ossory, Lord Deputy; who being returned from England, came to Dublin, accompanied with O More, O Carol, and one of the O Connors, and a numerous Train: The first thing he did, was to send a Message to O Connor to enlarge the Lord Delvin; but he received a flat Denial, and therefore the Lord Deputy and Council did by Act of State suspend the aforesaid Pension, and not long after, all those Pensions, and the like Irish Exactions were suppressed, and for ever extinguished by Act of Parliament. Ware, 122. The Sweeting Sickness (called Sudor Anglicus) was fatal to many of the Irish this Year; amongst the rest, the Lord Chancellor died of it, and was succeeded by the aforesaid Alan, a Creature of Wolsy's, raised by him to this Office, purposely to oppress the Earl of Kildare. That unfortunate Earl, continuing his Enmity against the Earl of Ossory, sent his Daughter (the Lady Slain) from Newington into Ireland, to excite his Brothers and Friends O Neal and O Connor, and whomsoever else she could, to oppose the Lord Deputy; and she was unhappy in being successful in her Negotiation; for she procured much Mischief to the Lord Deputy, and great Devastations on his Lands, which afterward occasioned great Trouble and Danger to her Father, as aforesaid. The Famous Emperor Charles the Fifth, sent his Ambassador Gonzagues, to the Earl of Desmond, to stir him to Rebellion: The Emperor's Instructions bear Date at Tol●do, Feb. 24. and are, 1529. to treat with Illustrissime il Conde de Desmond, etc. But this Embassy was ineffectual, because that Earl died at Dingle the eighteenth of June, 1529. He left one only Daughter, who was afterwards married to James (the sixth of that Name) Earl of Ormond; so that he was succeeded in the Earldom of Desmond, by his Uncle and Enemy Thomas Moyle. And now was the King's Divorce publicly ventilated in England, and the Pope revoked his Legates, and resumed the Cause to himself, which enraged the King, and was the Ruin of Cardinal Wolsy. In the mean time the King made his Natural Son, Henry Fitz-Roy, Duke of Richmond and Somerset, Lord Lieutenant of Ireland; and sent over Sir William Skeffington, Lord Deputy; he arrived in August with Money, and with two hundred Horse, accompanied by the Earl of Kildare, freed from all his Troubles, and were received by the Citizens of Dublin with great Joy: His Instructions were, I. To preserve the Peace between the Earls of Kildare, Desmond and Ossory; that so they might be the better able to assist the Deputy and the common Cause. II. To be on the Defence only. III. To make no Hostings without Advice of Council. iv To assist the Earl of Kildare (privately, I suppose) in his Designs against the Irish. V To moderate the Exactions of the Soldiers. VI To subject the Lands of the Clergy to their part of the Public Charge. VII. To call a Parliament. And, last (which is the strangest of all) to endeavour to get a Subsidy before the Parliament sit. About the same time Edmond Butler, Archbishop of Cashel, indicted a Provincial Synod at Limerick; at which were present Nicholas Bishop of Lismore and Waterford, John Bishop of Limerick, Ware, 125. and James Bishop of Killaloo; they gave Power to the Mayor of Limerick to imprison Ecclesiastical Debtors until they pay their Debts, without incurring any Excommunication, of which Constitution or Canon the inferior Clergy grievously complained; alleging, That it was a Breach of their Privilege. But let us return to the Lord Deputy, who invaded the Territory of Leix, 1530. to suppress the Insolences of O More and O Connor, and their Confederates; he destroyed O More by slight but frequent Skirmishes: And so having preyed the Country, he returned with these happy First-Fruits of his Government. In the mean time the great Minster of State, Cardinal Wolsy, came to Disgrace in England, and died the last Day of November: And about the same time great Jealousies and Misunderstandings began to arise, in Ireland, between the Lord Deputy and the Earl of Kildare. Nevertheless, The Lord Deputy took that Earl to his Assistance, in his Expedition into Ulster, and there they took the Castle of Kinard, and returned loaden with Prey and Plunder, according to the Custom of those Times. And with this Atchieument Hugh O Donel was frighted into a Submission; which (being himself sick) he performed by his Delegates Con O Faghil Abbot of Derry, and Richard O Craghan, 1531. who, in the behalf of their Master, perfected Indentures, and swore Fealty to the King, in presence of the Lord Deputy, Davis, 105. at Tredagh, on the sixth of May, 1531. And at the same time, it is probable, he made the Proposal, mention by Sir John Davis, Quod si Dominus Rex velit reformare Hiberniam, He and His would gladly be governed by the Laws of England. O Sullevan tells us a Story, Sullevan, 77. with great Ostentation, That an English Ship took a Spanish Vessel that was fishing on the Coast of Ireland, near the Dursies: And that his Grandfather, Dermond O Sullevan, Prince of Bear and Bantry, having notice of it, manned out a small Squadron of Ships, and took both the Englishman and the Spaniard, and hanged the English Captain, but set the Spaniard at Liberty: By which may be easily perceived, What sort of Inclinations that sort of Men bear to an Englishman, and what kind of Loyalty they paid to their King, when they murdered his Subjects and cherished his Enemies. But the Animosities and Feuds between the Lord Deputy and the Earl of Kildare did every Day increase, and at length came to that height, that they reciprocally impeached each other in England; and Kildare did wisely to sail thither, and personally solicit his own Affairs, which he managed so successfully, that Skeffington was superseded, and Girald Earl of Kildare made Lord Deputy in his stead: He also procured Alan, the Lord Chancellor (a Creature of Wolsy's) to be removed, and Cromer, Primate of Armagh, to be placed in the Chancery, July 5. 1532. in his room. Nevertheless, lest Kildare should grow too powerful, the King, to balance him, gave the Lord High Treasurer's Staff to James Lord Butler; who, notwithstanding that he was Kildare's Nephew, was nevertheless his bitter Enemy, and hearty espoused the Quarrels of his Father, the Earl of Ossory, as it was his Interest and Duty to do. But the Earl of Kildare having again gotten the Supreme Power into his Hands, little valued the Opposition of his Enemies. On the contrary, he was transported with the Contemplation of the prodigious Success he had hitherto met with, and presumed so far on its continuance, that he precipitated himself into many vain and unaccountable Actions; for he not only married two of his Daughters, to O Connor and O Carol (obstinate Enemies to the Crown of England), but also with his Forces invaded Kilkenny, and destroyed all he found belonging to the Earl of Ossory and his Friends; he also persuaded his Brother, John Fitz-Girald and O Neal, to invade the County of Louth; which they burned and preyed, without Resistance: And all these Extravagances contributed to the Destruction of a Noble Family, and to leave this Earl of Kildare an Example to Posterity, of the great folly of using Power immoderately. On the nineteenth of May, 25 Hen. 8. which was anno 1533 (and not 1534, as is mistaken in the printed Statutes) the Parliament met and enacted, I. That sturdy Beggars should not leaze Corn, nor any Body out of his Parish: And that no Body should give Sheaves of Corn for Reaping or Binding: And in all these cases the Corn may be taken away from the Transgressor. II. That the Parsonage of Galtrim should be appropriated to the Priory of S. Peter's near Trim. III. That the Royal Fishing of the Banne be resumed into the King's Hands: Ware's Annals, 130. But this last Act is not printed. At this Parliament the Controversy was renewed between Cromer, Primate of Armagh, and Allan Archbishop of Dublin, about Precedency in Dublin, which was determined in favour of the Primate. O Carol, that married Kildare's Daughter, was Tanist and Brother to the deceased O Carol, and by the Law of Tanistry claimed the Signiory; but the Son of the Desunct (being of Age and a brisk Man) would not be so served, and therefore as Heir to his Father, he seized on the Castle of by'r, which the Lord Deputy, in favour of his Son-in-Law, undertook to besiege, and did so, but it was in vain, for at that Siege he received a Shot in his Head, which sent him back faster than he came out; and though he regained his Health, yet he never recovered his Intellectuals, but was ever after (as we say) A little crackbrained. It is reported, That when he was wounded he sighed deeply; which a Soldier (that was by) observing, he told his Lordship, That himself had been shot three times, and yet was recovered: To whom the Earl replied, Would to God thou hadst also received the fourth Shot in my stead. About this time John Allen, who had been Clerk of the Council, and was now Master of the Rolls, (a Creature of the deposed Chancellor alan's) was sent by the Council into England about Public Affairs: Lib. 〈◊〉. His Instructions were, To acquaint the King with the Decay of the Land; and that neither English Order, Tongue or Habit, nor the King's Laws are used above twenty Miles in compass: That this Decay is occasioned by the taking of Coin and Livery, without Order, after Men's own sensual Appetites; and taking Cuddees, Garty and Khan for Felonies, and Murder, Alterages, Bienges, Saults and Slanciaghs, etc. And that they want English Inhabitants, who formerly had Arms and Servants to defend the Country; but of late, the English Proprietor hath taken Irish Tenants, that can live without Bread or good Victuals; and some for Lucre, to have more Rent; and some for Impositions and Vassalage, which the English cannot bear, have expelled the English, and made the Country all Irish, without Order, Security or Hospitality. Formerly, English Gentlemen kept a Retinue of English Yeomen, according to the Custom of England, to the great Security of the Country, but now they keep Horsemen and Kerns, who live by oppressing the poor People. The great Jurisdiction of the Nobility is another Cause of destroying the King's Subjects and Revenue: And the Black Rents, which the Irish exact, enriches them, and impoverisheth the Englishman. Also the making of a Native chief Governor, and often change of the Lord Deputy are great Faults: And ill keeping of the King's Records, and putting unskilful Clerks in the Exchequer, do occasion much Mischief: But the Alienation of the Crown Lands, so that the King's Revenue is not sufficient to defend the Realm, is the greatest Grievance of all. It is probable that these Instructions were kept secret from the Lord Deputy; for it cannot be imagined, That he would have consented, that Articles, which in effect were an Impeachment of himself, should be communicated to the King; and in truth Allen's Errand was to accuse the Deputy, and he was employed so to do by the Archbishop of Dublin, the Earl of Ossory, Ware, 131. Sir William Skeffington and others; and he performed his Commission so effectually, that the Lord Deputy was sent for (by the King's Letter) to repair to England, and answer the Crimes that were objected against him. Kildare did all he could to evade, or at least procrastinate that Voyage which was to be fatal to him and his Family; he sent his Wife to use the Interest of her Friends, in England, and to allege several vain Pretences; and particularly, That the ill Posture of Affairs, in Ireland, could not permit his Absence: But all these Contrivances proving ineffectual, at last he seriously prepared to begin the Voyage. But before he went, he furnished all his Castles, especially Minooth and Ley, with Guns and Ammunition out of the King's Store, although he had the King's express Command to the contrary, imparted to him by the Master of the Rolls (Allen) in the presence of the Bishop of Meath and others; and the Act of Attainder also mentions, That he furnished the Wild Irishmen, being the King's Mortal Enemies, with Arms and Ammunition out of his Majesty's Stores; which is not improbable, because of his Alliance with O Connor and O Carol. It is certain, That, Quos Deus vult perdere dementat; and the brave Earl of Kildare is a plain Example of it, for being ordered by the King to leave a Deputy, for whose Fidelity he would answer, he substitutes his own Son, Thomas Fitz-Girald, 1534. a forward rash Youth, scarce one and twenty Years old; who nevertheless had Qualities worthy of his House, and perhaps would, in time, have exceeded all his Ancestors, if by laying this too great Burden on his weak Shoulders, so early, they had not broken his Back in the beginning. It seems the Earl had some Jealousies of what afterwards happened, and therefore to qualify his Son's youthful Passions, in some measure, before he delivered him the Sword, he spoke to him as followeth, before the Council, at Drogheda, where he presently after embarked, and set sail for England. Son Thomas, Holingsh. 88 I doubt not, but you know, That my Sovereign Lord the King hath sent for me into England, and what shall betid me God knoweth, for I know not; but howsoever it falleth, both you and I know, That I am well stepped in Years: And as I may shortly die, for that I am Mortal, so I must in haste decease because I am old: Wherefore, insomuch as my Winter is well near ended, and the Spring of your Age now buddeth, my Will is, That you behave yourself so wisely in these your Green Years, as that to the Comfort of your Friends, you may enjoy the Pleasures of Summer, glean and reap the Fruits of your Harvest, that with Honour you may grow to the catching of that hoary Winter, on which you see me your Father fast pricking. And whereas it pleaseth the King his Majesty, That upon my Departure here hence, I should substitute in my room such a one for whose Government I would answer: Albeit I know that your Years are tender, your Wit not settled, your Judgement not fully rectified; and therefore I might be with good cause reclaimed from putting a naked Sword in a young Man's Hand: Yet notwithstanding, forsomuch as I am your Father, and you my Son, I am well assured to bear that Struck with you, in steering your Ship as that upon any Information, I may command you as your Father, and correct you as my Son, for the wrong handling of your Helm. There be here that sit at this Board, far more sufficient Personages, for so great Charge than you are; But what then? If I should cast this Burden on their Shoulders, it might be, That hereafter they would be so far with Envy carried, as they would percase hazard the loss of one of their own Eyes, to be assured that I should be deprived of both mine: But forsomuch as the case toucheth your Skin as near as mine, because (as I said before) I rest in the Winter, and you in the Spring of your Years, and now I am resolved Day by Day to learn rather, How to die in the Fear of God, than to live in the Pomp of the World. I think you will not be so brainsick, as to stab yourself through the Body, only to scarify my Skin with the Point of your Blade; wherefore, my Son, consider, That it is easy to raze and hard to build; and in all your Affairs be ruled by this Board, that for Wisdom is able, and for entire Affection it beareth to your House, will be found willing, to lesson you with Sound and Sage Advice; for albeit in authority you rule them, yet in Council they must rule you. My Son, you know that my late Maims stifle my talk, otherwise I would have grated longer on this Matter, for a good Tale may be twice told, and a sound Advice, eftsoons iterated, taketh the deeper Impression in the attentive Hearer's Mind. But although my fatherly Affection requireth my Discourse to be longer, yet I trust your good Inclination asketh it to be shorter: And upon that Assurance, here in the presence of this Honourable Assembly, I deliver you this Sword. Thus he spoke for his last Farewell, with trickling Tears; and having ended, he risen up, embraced the Council, committed them to God, and immediately after embarked, leaving Thomas Fitz-Girald Lord Deputy; 1534. to whom both the Allens were bitter Enemies: One of them being Master of the Rolls, told the Lord Deputy, at a Banquet where they were, discoursing of Heraldry, That his Lordship's House gave a Marmoset, whose Property it was to eat her Tail: To whom the Deputy replied, That he had been fed by his Tail, and should take care, that his Tail did not eat him. Another time the Council waited three or four Hours for the Lord Deputy's coming; whereat the Archbishop being dissatisfied, he asked the Lords, Whether it were not a pretty Matter, that all they should stay so long for a Boy? Which Words the Lord Deputy overheard, being just coming up Stairs; and as soon as he entered, he told their Lordships, He was sorry they should stay so long for a Boy; whereat the Archbishop was somewhat out of countenance. The Enemies of the Giraldines had spread abroad a Report, that the Earl of Kildare was Beheaded in the Tower, and that the same Fate was designed for the Lord Deputy and all his Uncles, and Letters were purposely spread abroad to that effect; one of which, by a strange Accident came to the hands of James de la Hide, Principal Counsellor to the Lord Deputy; by whose persuasion the Lord Deputy consederated with O Neal, O Connor, and others, and on the eleventh day of June road through the City of Dublin to Damsgate, accompanied with seven score Horsemen in their Shirts of mail, and there crossed the River, and went to S. Mary Abby, where the Council, according to Appointment, waited his coming; and whilst he was sitting in Council, some of his Followers rudely rushed into the Council-Chamber, Armed as they were, and fell to talking aloud; until at length, Silence being commanded, the Lord Deputy spoke as followeth; Howsoever injuriously we be handled, Holingshead, 90. and forced to defend ourselves in Arms, when neither our Service, nor our good Meaning towards our Prince's Crown, availeth; yet say not hereafter, but in this open Hostility which here we profess and proclaim, we have showed ourselves no Villains nor Churls, but Warriors and Gentlemen. This Sword of Estate is yours, and not mine; I received it with an Oath, and used it to your Benefit; I should slain mine Honour if I turned the same to your Annoyance: Now have I need of mine own Sword, which I dare trust. As for the common Sword, it flattereth me with a painted Scabbard, but hath indeed a pestilent Edge already bathed in the Giraldines Blood, and now is newly whetted in hope of a farther destruction. Therefore save yourselves from us, as from open Enemies; I am none of Henry's Deputies, I am his Foe: I have more mind to Conquer than to Govern, to meet him in the Field, than to serve him in Office: If all the Hearts of England and Ireland, that have Cause thereto, would join in this Quarrel (as I hope they will) then should he soon be made sensible (as I trust he shall) of his Tyranny and Cruelty, for which, the Age to come may lawfully score him up among the Ancient Tyrants, of most abominable and hateful Memory. Having added to this shameful Oration, Ibid. many other slanderous and foul Terms, which, for divers respects I spare to mention, he would have surrendered the Sword to the Lord Chancellor; who, being provided for the Lord Thomas his coming, and also being loath that his Slackness should seem disloyal in refusing the Sword, or his Frowardness over-cruel in snatching it upon the first Proffer, took the Lord Thomas by the Wrist of the Hand, and requested him for the Love of God (the Tears trickling down his Cheeks) to give him Audience for two or three Words; which granted, the Reverend Father spoke as ensueth; My Lord, although Hatred be commonly the Handmaiden of Truth, because we see him that plainly expresseth his Mind, to be for the more part of most men disliked; yet notwithstanding I am so well assured of your Lordship's good inclination towards me, and your Lordship so certain of my entire Affection towards you, as I am emboldened (notwithstanding this Company of Armed Men) freely and frankly to utter that, which by me declared, and by your Lordship followed, will turn (God willing) to the Avail of you, your Friends, Allies, and this Country. I doubt not (my Lord) but you know that it is Wisdom for any man to look before he leap, and to sound the Water before his Ship hull thereon; and namely where the Matter is of weight, there it behoveth to follow sound, sage and mature Advice: Wherefore (my Lord) sigh it is no May-game for a Subject to levy an Army against his Prince, it lieth your Lordship in hand to breathe longer on the Matter, as well by forecasting the hurt, whereby you may fall, as by revolving the hope by which you are fed. What should move your Lordship to this sudden Attempt, I know not: If it be the Death of your Father, it is as yet but secretly muttered, not manifestly published; and if I should grant you, that your Zeal in revenging your Father's Execution, were in some respect to be recommended; yet Reason would you should suspend the Revenge until the Certainty were known. And were it that the Report were true, yet it standeth with the Duty and Allegiance of a good Subject (from whom, I hope in God, you mean not to dissever yourself) not to spurn and kick against his Prince; but contrariwise, if his Sovereign be mighty, to fear him; if he be profitable to his Subjects, to honour him; if he command, to obey him; if he be kind, to love him, if he be vicious, to pity him; if he be a Tyrant, to bear with him; considering, that in such case it is better with patience to bow, than with stubbornness to break: For sacred is the Name of a King, and odious is the Name of a Rebellion; the one from Heaven derived, and by God shielded; the other in Hell forged, and by the Devil executed: And therefore whoso will observe Histories, or weigh the Justice of God, in punishing Malefactors, shall easily see, that albeit the Sun shineth for a time on them that are in Rebellion, yet such sweet beginnings are at length clasped up with sharp and sour Ends. Now that it appeareth, you ought not to bear Armour against your King, it resteth to discuss whether you be able (though you were willing) to annoy your King: For, if among mean and private Foes, it be reckoned for Folly, in a secret Grudge, to profess open Hatred, and where he is not able to hinder, there to show a willing mind to hurt; much more ought your Lordship in so general a Quarrel as this, that concerneth the King, that toucheth the Nobility, that appertaineth to the whole Commonwealth, to foresee the King's Power on the one side, and your Force on the other; and then to judge if you be able to cock with him, and to put him beside the Cushion; and not whilst you strive to sit in the Saddle, to lose (to your own undoing) both the Horse and the Saddle. King Henry is known to be in these our days, so puissant a Prince, and so victorious a Worthy, that he is able to conquer Foreign Dominions, and think you that he cannot defend his own? He tameth Kings, and judge you that he may not rule his own Subjects? Suppose you conquer the Land, do you imagine that he will not recover it? Therefore (my Lord) flatter not yourself overmuch, repose not so great Affiance either in your Troop of Horsemen, or in your Band of Footmen, or in your multitude of your Partakers, what Face soever they put now on the Matter, or what Success soever for a season they have; because it is easy for an Army to vanquish them that do not resist; yet hereafter, when the King shall send his Power into this Country, you shall see your Adherents, like slippery Changelings, pluck in their Horns, and such as were content to bear you up by the Chin as long as you could swim, when they espy you sinking, they will by little and little shrink from you, and percase will duck you over head and ears. As long as the Gale puffeth full in your Sails, doubt not but divers will cleave unto you, and feed on you as Crows on Carrion; but if any Storm happen to bluster, then will they be sure to leave you post alone sticking in the Mire or Sands, having least help when you have most need. And what will then ensue of this? The Branches will be pardoned, the Root apprehended, your Honour distained, your House attainted, your Arms reversed, your Manors razed, your Do examined; at which time, God knoweth what an Heartburning it will be, when that with no colour may be denied, which without shame cannot be confessed. My Lord, I pour not out Oracles as a Soothsayer; for I am neither a Prophet nor Son of a Prophet: But it may be that I am some frantic Cassandra, being Partner of her Spirit in telling the Truth, and Partaker of her Misfortune, in that I am not (when I tell the Truth) believed of your Lordship, whom God defend from being Priamus. Weigh therefore (my Lord) the Nobility of your Ancestors; remember your Father's late Exhortation; forget not your Duty to your Prince; consider the Estate of this poor Country; with what heaps of Curses you shall be loaden, when your Soldiers shall rifle the poor Subjects, and so far endamage the whole Realm, as they are not yet born that shall hereafter feel the smart of this Uproar. You have not gone so far, but you may turn home; the King is merciful, your Offence as yet not over-heinous; cleave to his Clemency, abandon this headlong Folly; which I crave in most humble wise of your Lordship, for the Love of God, for the Duty you owe to your Prince, for the Affection you bear the Country, and for the respect you have to your own Safety, whom God defend from all traitorous and wicked Attempts. Having ended his Oration, which he set forth with such a lamentable countenance, as his Cheeks were all blubbered with Tears, the Horsemen, namely, such as understood not English, began to divine what the Lord Chancellor meant with all this long Circumstance, some of them reporting that he was preaching a Sermon, others said, that he stood making some Heroical Poetry, in the praise of the Lord Thomas; And thus as every Idiot shot his foolish Bolt at the wise Chancellor's Discourse, who, in effect, did nought else but drop precious Stones before Hogs, Holingsh. 91. one Bard de Nelan, an Irish Rhymer, and a rotten Sheep, able to infect a whole Flock, was chatting of Irish Verses (as though his Tongue had run on Pattens) in commendation of the Lord Thomas, investing him with the Title of Silken Thomas, because his Horseman's Jacks were gorgeously embroidered with Silk; and in the end, he told him, That he lingered there overlong: Whereat the Lord Thomas being quickened, did cast his Eye towards the Lord Chancellor, and said thus; My Lord Chancellor, I come not hither to take Advice what I should do, but to give you to understand what I mind to do. It is easy for the sound to counsel the sick; but if the Sore had smarted you as much as it festereth me, you would be percase as impatient as I am. As you would wish me to honour my Prince, so Duty willeth me to reverence my Father: Wherefore he that will with such Tyranny execute my innocent Parent, and withal threaten my destruction, I may not, nor will not hold him for my King. And yet in truth he was never our King, but our Lord, as his Progenitors have been before him. But if it be my hap to miscarry, as you seem to prognosticate, catch that catch may; I will take the Market as it riseth, and will choose rather to die with Valiantness and Liberty, than to live under King Henry in Bondage and Villainy. And yet it may be, as strong as he is, and as weak as I am, I shall be able like a Flesh-worm, to itch the Body of his Kingdom, and force him to scratch deeply before he be able to pick me out of my Seam: Wherefore, my Lord, I thank you for your good Counsel; and were it not that I am too crabbed a Note in descant to be now tuned, it might be, that I would have warbled sweeter Harmony than at this instant I mean to sing. With these Words he rendered up the Sword, and fling away like a Bedlam, being guarded with his brutish Drove of Brainsick Rebels. Mr. Sullevan blames him very much for surrendering the Sword, Sullevan, 78. and says it was foolishly done; for under pretence of Authority (had he kept it) he might have held what Castles and Fortifications he pleased, and put in what Governors he would; he might have seduced many of the King's Subjects, and have cut the Throat of Alan, and the rest of his Enemies; but I suppose that Author did not duly consider the Perfidiousness and Treachery of the Action he advises. The Council sent private Orders to the Mayor to apprehend the Lord Thomas; but the City being depopulated by the Plague, was too weak for such an Attempt; and therefore Archbishop Alan, and Chief Baron Finglass, for their security, got into the Castle, under the Protection of the Constable thereof, John White, who was afterwards Knighted for his Service in this Uproar. Now was the Sword drawn, and the Scabbard fling away, and no room left for an Accommodation; and therefore Fitz Girald did all he could to strengthen his Party; and thinking that if his Cousin, the Lord Butler, could be persuaded to enter into the Confederacy, that all the Kingdom would either side with them, or fall before them, he wrote a pressing Letter, stuffed with large Premises, to invite the Lord Butler into the Association; to which, the Loyal Butler returned this unexpected Answer. Taking Pen in hand to write you my resolute Answer, Holingsh. 9●. I muse in the very first Line by what Name to call you, My Lord, or My Cousin; seeing your notorious Treason hath distained your Honour, and your desperate Lewdness shamed your Kindred, you are so liberal in parting Stakes with me, that a man would ween you had no Right to the Game, so importunate in craving my company, as if you would persuade me to hang with you for good Fellowship: Do you think that James was so mad as to gape for Gudgeons, or so ungracious, as to sell his Truth for a piece of Ireland? Were it so (as it cannot be) that the Chickens you reckon, were both hatched and feathered; yet be thou sure, I had rather in this Quarrel die thine Enemy, than live thy Partner: For the Kindness you proffer me, and good Love in the end of your Letter, the best way I can propose to requite that, is in advising you, though you have fetched your Feaze, yet to look well ere you leap: Ignorance and Error, with a certain Opinion of Duty, have carried you unawares to this Folly, not yet so rank but it may be cured: The King is a Vessel of Bounty and Mercy; your Words against his Majesty, shall not be counted Malicious, but rather belched out for Heat and Impotence, except yourself, by heaping Offences, discover a mischievous and wilful meaning. Nettled with this round Answer, Fitz-Girald designs to invade the County of Kilkenny; but first he forces an Oath of Fidelity on the Inhabitants of the Pale; and those who refused, he imprisoned as fast as he caught them, and sends Charles Rynold, Arch Deacon of Kells, his Ambassador to Pope Paul the Third, and Dominick Poer to the Emperor Charles the Fifth; to whom he sent twelve great Hawks, and fourteen fair Hobbies; but these Ambassadors came too late, and not till their Master was executed. And so great was this Rebellion, and the King's Authority so weak, that even the Territory of Fingal, which was wholly a Stranger to Depredations, now lay exposed to the Tools and other Irish; wherein they were assisted by John Burnel, a Gentleman of good Estate in Fingal who favoured this Rebellion. But the City of Dublin could not suffer this without their own Destruction; for Fingal was their Granary, and most of their Provision came from thence; wherefore a Body of the Citizens sallied to intercept a Prey at the Bridge of Kilmainham; but in the Skirmish, near the Wood of Salcock, (overpowered either in Number or Valour) they were beaten, and fourscore of the Citizens killed. Fitz-Girald makes the best of this Victory, and whilst the Consternation is on the City, he sends them word, that although he could destroy their City, yet he will do them no harm, if they will permit him to besiege the Castle. The Citizens wisely send one of their Aldermen (Francis Herbert) to the King, to know his Pleasure; and another to the Constable of the Castle, to have his Advice. The Constable made a virtue of Necessity, and not thinking it possible to defend the City, consented to the Demand, provided he were first furnished with Men and Victuals, which was done, and Alderman John Fitz Symons sent into the Castle twenty Tun of Wine, twenty four Tun of Beer, two thousand dry Ling, sixteen Hogsheads of Beef, twenty Chambers, and an Iron Chain for the Draw-Bridg. But the unfortunate Archbishop afraid of the Success of this Siege, got on board a Ship that Night, near Dame's gate, in order to pass for England; but the Vessel was stranded at Clantarfe, and the Archbishop was forced to a Village hard by, called Tartain, thither came Thomas Fitz-Girald, and his Uncle's John and Oliver, Sir James Delahide and many others, early the next Morning, having first had notice of the Archbishops being there: The Lord Thomas commands John Teling and Nicholas Wafer to bring out the Archbishop; whom they haled out of his Bed, naked in his Shirt, as he was, barefooted and bareheaded. The poor Bishop, on his Knees, and with a pitiful Voice and Countenance, begged Pity for the Love of God, on a Christian and an Archbishop. The Noble Fitz-Girald was too generous to behold that Spectacle without Compassion, and therefore turned aside, saying, by'r owm a Buddagh, (which is, Take away the Clown) intending to imprison him; but the Servants wilfully misconstruing their Master's Words, knocked out the Bishop's Brains, and left a Revenge on themselves, which overtook them all, for Teling afterwards Died of the Leprosy, and Wafer of the French Pox, and Fitz Girald and all his Uncles were publicly executed by the Common Hangman. Nor is it to be omitted, that all the Murderers were excommunicated; and in the Excommunication are these strange Passages, That no man may be merciful to them, but their Memory to be forgotten: That God would rain Flames of Fire and Sulphur on them: That they may clothe themselves with the Malediction and high Curse, as they daily put on their Garments: That the Water of Vengeance may be in their inner Parts, as Marrow in their Bones: Be they girded with the Girdles of Malediction, and Partakers with Pharaoh, Nero, Herod and Judas, the Proditors of Jesus Christ, and with Dathan and Abiram descend into Hell quick: Good Lord send them Hunger and Thirst, and strike them with Pestilence, that they may be consumed, and their Generation clear eradicate: Strike them with Leprosy, Madness, Blindness, etc. And we Interdict all the Places where they go, and the Place where the Archbishop was murdered. But to proceed, The Rebels took Prisoners from their own Houses, the Lord of Howth, and Luttrel, Chief Justice of the Common Pleas; and the Castle being furnished, the Citizens of Dublin consented to Fitz Girald's former Demands, Of Liberty to besiege the Castle. Whereupon he sent James Field of Lusk, Teling, Wafer, Broad, Rouks and Purcel, with one hundred Soldiers each, attending on them as their Captains; they planted two or three Falcons near Preston's Inns, over against the Castle, and entrenched themselves with strong Ramparts, threatening to place the Youth of the City thereon, if they in the Castle should shoot that way. In the mean time Fitz-Girald, accompanied with O Neal, Sir Richard Walsh, Parson of Loughsewdy, Burnel of Ballygriffin, and several others, invaded and burnt the County of Kilkenny, even to Thomas Town: The Earl of Ossory and his Party were at the same time near Jeripont, consulting what to do; and during their Consultation, one of the Butlers stole away with sixteen Horse to make a Bravado; Fitz-Girald espying them, sent an equal number, which were soon followed with one hundred and forty Horse; the Butlers retreated to their main Body, which was surprised by this unexpected Accident, and easily scattered: The Lord Butler was hurt, but made shift to escape to Dunmore, where he was cured. In the mean time Alderman Herbert returned with an Answer from the King, encouraging the Citizens to a manly Defence, and promising Aid immediately: Whereupon it was resolved by the Citizens, That Faith was not to be kept with Traitors; That their League with Fitz-Girald was void: And they ordered their Gates to be shut; And that the Traitors that besieged the Castle should be apprehended. Captain Field and his Companions having Notice hereof, began to shift for themselves, some swum over the River, but the most of them were taken Prisoners. Immediately Fitz-Girald leaves Kilkenny, and summons the Pale to meet him, with all their Power, near Dublin— And in his way he seized upon several Dublin-childrens, that were at School in the Country, and particularly Fitz-Simons and Stainhurst; and sent Doctor Traverse, Peter Linch of the Knock, and Oliver Grace, to the Citizens, to expostulate the Breach of the League, and to require, That it might be renewed, or at the least the Prisoners enlarged; but they met with a cross Answer to all their Demands. Whereupon Fitz-Girald began in Sheep-street to besiege the Castle, but was driven thence by the Ordnance, and the Houses being thatched were burnt by Wildfire, cast in from the Castle; he stopped all the Rivers about the Town, and removed to Thomas-Court, pulled down that Street, and made a sort of a Gallery to shelter his Men; he also burned the New Street, and planted a Gun against Newgate, which pierced that Gate, and killed an Apprentice of Alderman Stephens', fetching Water from the high Pipe. Richard Stanton, Goaler of Newgate, being an excellent Marksman, did great Damage to the Enemy, and particularly, perceiving one of the Rebels levelly his Gun at the Loophole where he stood, he was so nimble, that he prevented him, and shot the Rebel in the Forehad, and was so hardy, as to issue out at the Wicket and to strip the Varlet, and brought in with him his Gun and his clothes. This enraged the Rebels and excited them to Revenge; wherefore they immediately brought Fire and Faggot to the Gate, in hopes to burn it. The Citizens wisely considered, That Expectation of Spoil would encourage the Rebels to enter the City, and animate them more to fight within than without the Walls; and they also believed, That very many of Fitz-Girald's Army (being Inhabitants of the Pale, and forced to the Camp) were in their Hearts for the City; and this they were induced to believe, because most part of the Arrows shot over the Walls were unheaded. Upon these Considerations they resolved to sally, and gave out from the Walls, That new Succours were come from England, and as if it had been so, immediately rushed out through Fire and Flame, and the Enemy believing they were new-arrived Soldiers, and that the Citizens durst not adventure so briskly, immediately fled, leaving one hundred Gallowglasses slain, and their Falcon taken. Thomas Fitz-Girald himself lurked at the Grey-Fryers, in Francis-street, till next morning, and then he got to the remainder of his shattered Army. In the mean time the Earl of Kildare was committed to the Tower, Holingshead, 88 because he had contrary to the King's express Command furnished his Castles out of his Majesty's Stores: And though he answered, That it was done to defend the Pale against the Borderers; and that if he designed Treason, he was not such a Fool as to fortify his Castles, and at the same time to adventure his Person into their Hands; however he stuttered so much, and delivered his Speech in such staggering and maffling manner, that they concluded him Guilty, and committed him: And now hearing of his Son's Extravagancies, he broke his Heart, and died in the Tower in September. Fitz-Girald being in great want of Artillery and Ammunition, and somewhat cooled by the late defeat, sent James Delahide and others to treat with the City upon these Articles, (I.) That his Men that were Prisoners, should be enlarged. (II.) That the City should pay one thousand Pound in Money, and five hundred Pound in Wares. (III.) To furnish him Ammunition and Artillery. (IV.) To interceded with the King for his Pardon and his Followers. Mr Fitz-Symons, Recorder, was appointed to answer to the I. That if he would deliver their Children, they would enlarge his Men. To the II. That they were impoverished with his Wars, and could not spare either Wares or Mony. To the III. If he intended to submit he had no need of them; if he did not, they would not give him Rods to whip themselves: That they expected he would request good Vellum Parchment to engross his Pardon, and not Artillery to withstand his Prince. To the iv They promised all Intercession they could, by Word or Letter. Whilst they were treating thus, one William Bath, of Dollars-Town, a Lawyer, stepped forward, and said, My Masters, What need all these Circumstances? Let us all drink of one Cup: Which Words cost him his Life the next year. It seems Fitz-Girald agreed with the Citizens on their own Terms, and Hostages being given on both sides, he raised his Siege, and sent his Artillery to Houth, but went himself to Minnooth, to see that Castle fortified and furnished. In the mean time the two Hamertons, with one hundred and eighty Soldiers, arrived out of England at Houth, and on their March to Dublin were encountered near Clantarf by Thomas Fitz-Girald, and two hundred Horsemen; and though they fought valiantly, and one of the Hamertons wounded Fitz-Girald in the Forehead, yet being overpowered, they were all slain or taken Prisoners; and their Ships were forced from Houth, and a Vessel freighted with choice English Geldings, was also taken by Captain Rouks, Fitz-Girald's Pirate, and the Horses were sent to Fitz Girald. And not long after landed both the Eglebees and Dacres, with their Horsemen, at the Skerries; and Sir William Brereton and his Son John, with two hundred and fifty Soldiers, well appointed; and Captain Salisbury, with two hundred Archers, last Landed at the Slip, near the Bridge of Dublin. Sir William Skeffington, Lord Deputy, he was Master of the Ordnance in England; and therefore was by the Irish, (who put Nicknames upon every Body, even of themselves, as Dermond Buckagh, Tiege Mauntagh, etc.) in derision, called, The Gunner; he was received with great Joy by the City, and had the Sword delivered to him by the Lord of Trimletstone, who was made Chancellor in the place of Archbishop Cromer; Baron Finglass (who wrote a M. S. Treatise of the Decay of Ireland) was made Chief Justice of the King's Bench, as Luttrel was of the Common Pleas, and Girald Ailmer Chief Baron of the Exchequer, and William Brabazon Vice-Treasurer. This Deputy also brought with him Leonard Lord Grey, (designed Marshal of Ireland) and Gracious Letters from the King to the City of Dublin. That part of the English Fleet, which sailed near Tredagh, met with Broad the Pirate, and forced him a Ground, so that he and nine of his Men were taken at Tredagh, and sent Prisoners to Dublin; whereat Fitz-Girald was so much enraged, that he threatened to besiege Tredagh, and it is probable he marched that way, for it was averred at Dublin, That he was actually before the Town: And therefore the Lord Deputy immediately, viz. the twenty eighth of October, marched out, to raise the Siege of Tredagh; and he stayed in and about that Town, till the fourth of November, and then finding no Enemy near that Place, he returned to Dublin, having first proclaimed Fitz-Girald Traitor, at the High Cross of Tredagh. The Lord Deputy would have pursued Fitz-Girald and his Confederates, but that the Winter was too near, and himself was indisposed; moreover, he daily expected Supplies of Men and Money from England; and he knew that Fitz Girald had strengthened his Party by a new Confederacy with O Neal and O Connor: And therefore being necessitated to postpone his Designs till the Spring, some say he made a Truce with Fitz-Girald until January; but that seems improbable, because the Pale suffered exceedingly this Winter, the Preservation of which, must have been the chief Consideration for a Truce, if there were any. Fitz-Girald had in his Possession six principal Castles, viz, Minooth, Portlester, Rathingan, Catherlagh, Ley and Athy; and having well manned and furnished them, he took a Journey into Connaught, not doubting but that his Castle of Minooth would hold out till his Return; but he was very much out in his Calculation, for the Lord Deputy on the fifteenth of March, laid Siege to that Castle, and placed his Battery on the North Side of the same, towards the Park, and Sir William Brereton, who had slain one hundred of Fitz-Girald's Men on the sixth of March, did now summon the Castle of Minooth, with Offers of Pardon and Reward; to which a scoffing and ludibrious Answer was returned, with much boasting, after the Irish manner: Whereupon the Artillery began to play, but made no considerable Breach in a Fortnight's time; and therefore though it was so closely besieged, that there was neither egress or regress from or to the Castle; yet being sufficiently provided of all Necessaries, and particularly of a good Garrison of an hundred choice men, it might have held out until Fitz Girald could come to relieve it. But the perfidious Governor Christopher Parese (Fitz-Girald's Foster-Brother) a white-livered Traitor, resolved to purchase his own security with his Lord's Ruin; and to that end, got Letters conveyed to the Lord Deputy, importing, that he would surrender the Castle upon certain Articles by him proposed, all which concerned only his own Profit, without mention of his Safety. The Lord Deputy readily accepted of the Offer, and agreed to the Conditions required: Whereupon, Parese, after some small Advantage they had got in a Sally, caused the Garrison to rejoice and carouse to that degree that they were all dead drunk; and then upon a Signal given, the English scaled the Walls, and entered the Castle; Captain Holland being one of the first, happened to leap down into a Pipe of Feathers, and there stuck, and Sir William Brereton being got in, cried out, S. George, S. George; whereat one of the Garrison awakened, and shot at Captain Holland; but he being rescued out of the Feathers by his Companions, killed the Soldier: After that, there was little or no resistance; and Sir William Brereton soon advanced his Standard on the Top of the Turret: The Spoil and Plunder of this Castle was exceeding great and rich, this being accounted the best furnished House belonging to any Subject in the King's Dominions. The Lord Deputy entered in the Afternoon, before whom, two Varlets, James de la Hide and Hayward, both Choristers, prostrated themselves, warbling a sweet Sonnet, called Dulcis Amica; their Melody saved their Lives, which, at the request of Chief Justice Ailmer, the Deputy pardoned. Parese expecting some great Reward, with abundance of Confidence and Familiarity presented himself before the Deputy; who told him, That he was to thank him, on the King's behalf, for his Service, which saved much Charge and many Lives, and doubted not, when the King was acquainted therewith, he would provide for him during his Life; and the better to advise the King how to reward him, he desired to know what Fitz-Girald had done for him: Parese set agog with this Discourse, recounted the most minute instances of Fitz Girald's Liberality to him; upon which, the Deputy replied; And how Parese, couldst thou find in thy heart to betray the Castle of so kind a Lord? And turning to his Officers, he bids them pay him the Money, and then to chop off his Head. Had I known this, quoth Parese, your Lordship should not have had the Castle so easily. Whereupon, one Mr. Boyse being by, cried out, Auntraugh, i. e. too late; which occasioned the Saying often used in Ireland, Too late, quoth Boyse. In the mean time, Fitz-Girald, by the aid of O Connor and others, had got an Army of seven thousand Men, with which he designed to raise the Siege of Minooth; but upon News of its Surrender, his Army deserted him daily, and mouldered away almost to nothing (Reputation, as I observed before, much governing the Irish, and perhaps all the World beside;) with the few that were left, he marched to Clane, and the Deputy (leaving Brereton Governor of Dublin) marched to Naas, where he took sevenscore of the Rebel Gallowglasses, whom, (upon notice of Fitz-Girald's Approach) the Deputy commanded to be slain, only Edmond Oleme escaped stark naked to his Master Fitz-Girald. There was a Bog between both Armies, so that the Horse could not skirmish; but the Deputy, with his Artillery easily broke and scattered Fitz-Girald's inconsiderable Troops, put them to flight, slew many, and took some Prisoners. After this Defeat, 1535. Fitz-Girald never appeared at the Head of any considerable Army; but by small Parties would now and then make some slight Excursions, and particularly, after the Surrender of Rathingan (which happened in the beginning of the Year) he caused a Drove of cattle to appear near the Town early in the Morning, and the English believing that the cattle strayed that way, and might easily be made Booty, most of the Garrison sallied to that intent, and were intercepted by an Ambush, and slain. Another time he burned a Village near Trim, and sent two or three of his Men, clad like the English Soldiers, to Trim, and pretending that they were Captain Salisbury's Men, they told the Garrison that the Rebel Fitz-Girald was burning the Village: Whereupon, most part of the Soldiers sallied out, and were killed. On the 11th of May, the Lord Butler was created Viscount Thurles, and Admiral of Ireland, and on the twenty first his Father (the Earl of Ossory) and he were made Governors of the Counties of Kilkenny, Waterford and Typerary, and the Territories of Ossory and Ormond, and they promised to do their utmost endeavour to recover the Castle of Dungarvan, and to resist the Usurpations of the Bishop of ROME, Lib. H. Lambeth. which is the first Engagement I have met with of that kind. It seems that the Lord Grey had been sent to England for Supplies, and that he now returned with Horsemen and Archers under Sir William Senlo, Sir Rice Mansel, and Sir Edward Griffith, who were conveniently garrisoned in the Pale; for I find by a Letter of the twenty first of August, to the Lord Cromwell, from Chief Justice Ailmer, and Allen Master of the Rolls, that the Lord Grey Landed the twenty ninth of July, and that they came on shore the first of August, and were exceedingly surprised at the alteration they found in the Country; for that six of eight Baronies in the County of Kildare, were burnt and depopulated; and so likewise was part of Meath, and that Sir William Brabazon at the Naas, was the Man that prevented the total Ruin and Desolation of the Country: That Powerscourt, which cost five thousand Marks was ruined by the Birns and Tools: That Fitz-Girald had regained Rathingan, by the Treachery of the Ward; but that he quitted it upon approach of the Army, and the Lord Deputy might have surprised him in it, if he would, or had been as diligent as he ought: That O More (who joined with the English) had so posted his own Men and the Kings, that the Rebels were surrounded, and Fitz-Girald could not have escaped, if a Brigade of the English had not quitted their Station; however, Burnel of Balligriffin, was taken, (and was afterwards hanged at Tyburn:) That the Pestilence raged at Dublin; and that the Lord Deputy designed to quarter a thousand Kerns for three Months on the Pale, which would ruin it; but their Arrival with Money, altered that to a Cess for this Expedition only, whereunto the People cheerfully consented: That they had engaged Cahir O Connor against his Brother, by allowing him twelve Horse, and one hundred and sixty Kerns in his Majesty's Pay: That the Deputy is sick, and not able to defend Minooth, where he lodges; but suffers his own Cattle to be taken from the very Gates: That there is no hope of O Neal's Loyalty, since he gave no Hostages; and finally, this Letter highly extols Sir William Brabazon (the worthy Ancestor of the Earl of Meath) as the Saviour of the Kingdom, and concludes with Commendations of the Lord Grey, and desires he may be Lord Deputy, and have Orders to call a Parliament. What that Letter mentions of O Neal, has reference to a Treaty between the Lord Deputy and him; for when he understood, that the Lord Deputy designed an Expedition against him into the North, to prevent it, he desired a Parley, and on the first of July, by his Agent Gillaspick O Donel, he concluded an Agreement with the Lord Deputy, which afterwards was confirmed by Con O Neal himself at Drogheda, on the twenty fifth of the same Month. In the mean time, the Lord Deputy, finding that Fitz-Girald had retired to Munster, sent after him the Lord Grey, Sir William Brereton, and others, who had several Skirmishes with his Party, wherein nothing was got but Blows; whereupon Brereton's Advice on the one side, and Fitz, Girald's Necessity on the other side, produced a Parley; the effect whereof was, That Fitz-Girald surrendered to the Lord Grey, and road with him to Dubliu, By the Lord Deputy's Letter to the King, of August 24. he acquaints his Majesty, That Fitz Girald and O Connor had submitted; the former without any Condition or Promise of Life, Lands or Goods, and that he intends to send him over by the Lord Grey, whilst himself in person goes to assist O Donel against his Son Manus. But the Council by their Letter from the Camp to the King, of the 27th of August, inform his Majesty, That O Connor, an Abettor of Fitz-Girald's, has given Hostages to abide the King's Pleasure, and that Fitz-Firald submitted on the encouragements they gave him to expect Pardon for his Life: That the Lord Grey is going with him, leaving the Lord Butler in his room; and they desire the King to thank the Lord Grey for his good Service. Nevertheless, others say, That Fitz-Girald was by the Lord Grey absolutely promised his Pardon; but if it was so, it was more than he had Commission for, and therefore no regard was given to that Pretence; but the King being implacably enraged at this dangerous Rebellion, caused Fitz-Girald to be arrested in the way to Windsor, and afterwards, viz. Febr. 3. 1537. he and five of his Uncles were executed at Tyburn, although three of them had for a long time opposed their Nephew's Extravagancies. And thus ended a Rebellion, Lib. CCC. 85. which cost the King twenty thousand, some say forty thousand Pound: At which great Expense the King was so disturbed, that he called this Victory a new Conquest; and put the Question to his Council, how Ireland should be managed to bear the charge of its own Preservation; and whether by Act of Parliament every man's Estate should not be made liable to contribute its proportion; or, whether, by virtue of this Conquest, the King might not seize on all the Estates in that Kingdom Temporal and Spiritual? By a Letter from Stephen ap Harry (who was afterward a great man with the Lord Grey) of the sixth of October, from Waterford, directed to Mr. Thomas Cromwell, Secretary of State; he informs his Honour, That the Lord Leonard Grey was gone to England with Fitz Girald, and that the Lord James Butler marched to Clonmel, where his Lordship's Brother-in-Law Garret Mac Shane (who could not speak one Word of English) met him; That thence they marched to Dungarvan, which surrendered unto him, and thence to Youghal, where he had a Gallon of Gascoyn Wine for four pence; and thence to Cork, where the Lord Barry made great Complaints of Cormock Oge of Muskry, and Mac Carty Riagh; the former was willing to submit to the Award of the State; but Mac Carty Riagh answered, That what he got by the Sword, he would keep by the Sword. The like Controversy was between James, Grandson of Thomas, last Earl of Desmond, and Sir John, Brother of that Earl; the young man offered to go to England, and to submit to his Majesty's Pleasure; but Sir John said, He scorned to contest with a Boy: That they marched thence to Mallow, and so to Kilmallock; and thence to Lymerick, where the Lord Butler's Brother-in-law (O Brian's Son) desired Aid against his Father and Uncle, and that the Lord Butler would besiege Carrigonel; but he could not do it for want of Artillery, and therefore marched to Cashel, and thence to Clonmel, having worthily behaved himself all this Journey. It seems the Lord Deputy had solicited for the King's leave to return to England, by reason of his Age and Infirmities; but the King in his Answer, thanked him for the taking Fitz-Girald; but wished it had been done in another manner, viz. by force; and tells him, That he must continue in the Government of Ireland, notwithstanding his Age and Sickness; and orders a Parliament to be called as ●●on as conveniently might be; but it is probable that soon after those Letters arrived, the Lord Deputy died at Kilmainham, in the latter end of December, and was honourably buried in St. Patrick's Church: And thereupon, the Council chose Leonard Lord Grey, 1535. Lord Deputy; who was but newly returned from England, and probably did not bring over so much Treasure as the Army both expected and needed, and therefore the Soldiers mutined in January; and thereupon the King, by his Letter of the twenty fifth of February, desires to know who were the Ringleaders of it, and orders, that as many of the Army as can be spared, may be disbanded: Lib. H. To which Letter the Lord Deputy and Council returned for Answer, That after the imprisonment of Fitz-Girald, they had disbanded five hundred men; but that his Uncle's being at that time out, and the Earl of Desmond, O Brian and O Connor linked in a Confederacy, it was no proper time then to dismiss any more; but that they have now borrowed four hundred Pounds Irish, and therewith have disbanded two hundred and fifty Foot, and fifty Horse; That the Revenue of the Kingdom was but five thousand Pounds per annum; whereof a thousand Pound was then insolvent; they advise the King to grant a Pardon to the County of Kildare, to the end the People of that County may return to their Habitations; and they advise, That the King's Lands may be set for a Term of one and twenty years, and that a Mint may be erected in Ireland, and none but Sterling Money be currant, and thereby every Mark of the King's Revenue will be a Pound. But I must interrupt the Series of this Discourse, to give the Reader an Account of the miraculous preservation of one of the remaining Branches of the Noble Family of Kildare, a Child of thirteen years old, Brother of the Lord Thomas, and Son of the deceased Earl, who happened to be sick of the Small Pox at Donoare in the County of Kildare, when his Uncles were apprehended; whereupon, his careful Tutor, Thomas Leverouse (afterwards Bishop of Kildare) had the Child wrapped up warm, and in a Cleef or Basket conveyed him into Offaly, and after he was recovered, he traveled into Thomond, and after half a years abode there, they went to Kilbritton in the County of Cork, where Elinor Fitz-Girald (Mac Carty Riagh's Widow) then lived: Soon after she married with O Donel, and made it one of the Articles of her Agreement, That he should protect, her Nephew the young Fitz-Girald; which he faithfully promised, and thereupon they went together to Ulster; but they were not there a Twelvemonth, before the Lady understood that her perfidious Husband had agreed to betray her Nephew; and therefore she sent him privately into France, and gave him sevenscore Pieces of Gold, called Portugueses, to bear his Charge; and afterwards upbraided O Donel with his Treachery; and told him, That, as nothing but the Preservation of her Nephew, could have prevailed with her to marry such a clownish Curmudgen, so since he villainously endeavoured to betray her in that Particular, she would stay with him no longer; and so away she went, and never saw him more. But the Young Fitz-Girald arrived safely at S. Maloes', and being sent for up to Paris, the English Ambassador there demanded him of the French King, by virtue of the Peace lately concluded: The French King gave him a dilatory Answer, and in the mean time Fitz Girald escaped to Flanders; at Valencienes he was overtaken by James Sherlock, whom the Ambassador sent to pursue him; but the Governor of that Town committed Sherlock, and so Fitz-Girald got safe to Brussels; but the English Ambassador demanded him there also, so that he was forced to remove to Liege, and was by the Emperor recommended to the Bishop of Liege, and allowed a hundred Crowns a Month for his Expense: But he stayed there not above half a Year, before his Kinsman Cardinal Poole sent for him to Rome, and placed him successively with the Bishop of Verona, the Cardinal of Mantua, and the Duke of Mantua, and allowed him an Annuity of three hundred Crowns per annum, and the Duke of Mantua gave him the like Pension: With them he stayed a Year and a half, and then removed to Cardinal Poole's Palace in Rome, where he continued three Years: The next Year after he spent in Service with the Knights of Malta, and behaved himself exceeding valiantly: Then he became Master of the Horse to the Great Duke of Tuscany, and continued in that Office three Years. One Day as he was hunting, Holingshead, 99 in the company of Cardinal Farneze, he fell into a Pit twenty nine Fathom deep, and had the good Luck, within two Fathom of the Bottom, to quit his Horse, and take hold of some Roots or Bushes that were on the Side of the Pit, and by degrees he let go his Hold, and gently descended upon his Horse, which was dead in the Bottom of the Pit; and there he stood three Hours, up to the Ankles in Water, until his Greyhound (called Griff-hound) missing his Master hunted him to the Pit, and there fell a howling, till the Company came in, and with a Rope and a Basket drew him up alive and well, to all their Admirations, & to mine too, if I did not think this part of the Story to be a little Monkish. And since I am upon Digressions, Analecta Hib. Sullevan, Cath. Hist. 71. it will be fit to remember, That Doctor Traverse, who was an active Man in Fitz-Girald's Rebellion, and was therefore executed at Tyburn, as the Traitor well deserved, has nevertheless found a Room in the Irish Martyrology, and is mentioned, as an Instance of the English Cruelty, by the Irish Historians. And so we will conclude the Year 1535 with the Consecration of George Brown Archbishop of Dublin; Ware, de Praesulibs. which was performed by the Archbishop of Canterbury and the Bishops of Rochester and Salisbury, on the nineteenth (or rather twenty ninth) of March; he had formerly been Provincial of the Friars of the Order of S. Augustine, Bish. Brown's Life. in England: And whilst he was so, he used to Preach, That Salvation was to be obtained by the Merits of Christ, and advised to make Application to him only; for which Doctrine he was much taken notice of. He became the first Protestant Convert of the Clergy in Ireland, and was an exceeding Charitable and Meek Man: He was the first that caused Images and other Superstitious Relics to be removed out of the two Cathedrals in Dublin, and out of the rest of the Churches within his Diocese: And he caused the Ten Commandments, the Lord's Prayer and the Creed to be placed in gilded Frames about the Altar, in Christ-Church, Dublin. It seems that the King did send Commissioners into Ireland, to remove the Pope's Authority thence, and to reduce it to conformity with England; if so, undoubtedly Archbishop Browne was one of the Commissioners, as will appear by the following Letter, sent by him to Cromwell Lord Privy Seal, who was the chief Mannager of that Matter. My Most Honoured Lord, YOUR humble Servant receiving your Mandate, Septemb. 4. 1535. as one of His Highness' Commissioners, hath endeavoured, almost to the Danger and Hazard of this Temporal Life, to procure the Nobility and Gentry of this Nation to due Obedience, in owning of his Highness their Supreme Head, as well Spiritual as Temporal, and do find much oppugning therein, especially by my Brother Armagh, who hath been the main Oppugner, and so hath withdrawn most of his Suffragans and Clergy within his See and Jurisdiction: He made a speech to them, laying a Curse on the People, whosoever should own his Highness' Supremacy; saying, That this Isle, as it is in their Irish Chronicles, Insula Sacra, belongs to none but the Bishop of Rome, and that it was the Bishop of Rome's Predecessors gave it to the King's Ancestors. There be two Messengers by the Priests of Armagh, and by that Archbishop, now lately sent to the Bishop of Rome. Your Lordship may inform his Highness, That it is convenient to call a Parliament in this Nation, to pass the Supremacy by Act; for they do not much matter his Highness' Commission, which your Lordship sent us over. This Island hath been for a long time held in Ignorance by the Romish Orders: And as for their Secular Orders, they be in a manner as ignorant as the People, being not able to say Mass, or pronounce the Words, they not knowing what they themselves say in the Roman Tongue: The common People of this Isle are more Zealous in their Blindness than the Saints and Martyrs were in the Truth at the beginning of the Gospel. I send to you, my very good Lord, these things, that your Lordship and his Highness may consult what is to be done. It is feared O Neal will be ordered by the Bishop of Rome to oppose your Lordship's Order from the King's Highness; for the Natives are much in Numbers within his Powers. I do pray the Lord Christ to defend your Lordship from your Enemies. On the twenty eighth of April the King sent Orders to the Town of Galway to use the English Order, 1536. Lib. H. Habit and Language, and not to forestall the Markets of Limerick, nor correspond with the Irish. And so we come to the Parliament, which began at Dublin on the first Day of May, and on the last Day of that Month was adjourned to Kilkenny; and did there sit the twenty fifth Day of July; and on the twenty first was adjourned to Cashel; and on the twenty eighth was from Cashel adjourned to Limerick, and there it sat on the second of August, and continued until the nineteenth; and then was adjourned to Dublin, to meet the fifteenth Day of September; and so after several Prorogations, it was finally dissolved the twentyeth Day of December, 1537▪ and enacted as followeth, I. The Attainder of the Earl of Kildare and his Complices: This Act recites all their Treasons, and Retrospects to the eighth Day of July, 20 Hen. 8. II. The Parliament reciting, That Ireland is appending and belonging to the Crown of England, doth make void and nullify the King's Marriage with the Princess Katherine, his Brother's Wife, and doth ratify the Divorce judicially made between them, by the Archbishop of Canterbury: It also confirms the King's Marriage with Anne Bullen, and prohibits Marriage within the Levitical Degrees, and orders that Persons so married shall be divorced, and their Children after such Divorce shall be illegitimate: Then it entails the Crown on the King's Heir Males by Queen Anne, and for want of such to his Heirs Males by any other Wife; and for want of such, to the King's Heirs Female by Queen Anne, and particularizes the Princess Elizabeth, and the Heirs of her Body, etc. And that it shall be Treason to Write or Act against the aforesaid Marriage, or the Settlement of the Crown; and Misprision of Treason to speak against either of those things, and deprives the Offenders of Benefit of Sanctuary; it makes the Queen and such Counsellors as the King shall appoint Guardians of the Infant King or Queen (if it so happen) till their respective Ages of sixteen, if a Queen, and eighteen if a King; and prescribes an Oath for the Observation of this Settlement, to be taken by the Subject; and makes it Misprision of Treason to refuse it. III. The Act of Absentees, recites the Inconveniences that have happened by reason of the Absence of those that have Estates in Ireland; and then vests in the King the Honours and Estates of the Duke of Norfolk, the Lord Berkly, the Earl of Waterford and Shrewsbury, the Heirs General of the Earl of Ormond, the Abbot of Furnes, the Abbot of S. Augustins' of Bristol, the Prior of Christ-Church of Canterbury, the Prior of Lanthony, the Prior of Cartinel, the Abbot of Kentesham, the Abbot of Osny, the Abbot of Bath, and the Master of S. Thomas of Dacres: 4 Inst. 354. And it was resolved, anno 1612. That the Earl of Shrewsbury did lose the Title of Earl of Waterford and Viscount Dungarvan, by this Statute: Nevertheless, he had a very good Recompense in England for his Losses in Ireland. And it is not unworthy our Remembrance, How this Statute came to be made; and the Occasion was thus, The King being inclined to make Mr. Ailmer (who was then Lord Chief justice of the Common Pleas) Lord Chief Justice of the King's Bench; the Earl of Shrewsbury (at the instance of some of his Tenants in Waterford or Wexford) opposed his Preferment, alleging, That Ailmer was a silly fellow, and unfit for such a Place; whereupon the King repremanded the Lord Cromwell for recommending such a Coxcomb to him; the Lord Cromwell begs the King to discourse with Ailmer, assuring his Majesty, That he was misinformed. The King consented, and Ailmer being come, the King asked the true reason of the Decay of Ireland: Ailmer Answered, That it was because the Estated Men (who used to Reside and Defend their own Estates and countenance their Tenants) did now generally dwell in England and left Ireland a Prey to the Natives: But that if his Majesty would oblige the Estated Men to Residence, or seize their Estates to his own use, he would soon find a Reformation. The King tickled with this Advice, gave Ailmer Thanks, and assured him Care should be taken of it next Parliament. iv A Suspension or Repeal of poinding's Act pro hac Vice. V That the King his Heirs and Successors be Supreme Head on Earth, of the Church of Ireland, and shall have Power to reform, redress, etc. Heresies, Errors and Offences, etc. And that his Commissioners shall take no Proxies for their Visitations, but convenient Meat, Drink, and Lodging, on pain of four times the value. VI That there shall be no Appeals to Rome, on Pain of Praemunire; and that the Chancellor, with the Consent of the two Chief Justices, the Master of the Rolls, and the Vice-Treasurer, or any two of them, may assign Delegates to Hear and Determine all Appeals to the Chief Governor. VII. An Act against slandering the King or Queen or their Title, etc. And that those guilty of High Treason shall not have the Benefit of Sanctuary; and that Treasons committed beyond Seas may be tried in Ireland; and that all Estates of Inheritance (ergo Estates Tail) shall be forfeited for High-Treason. VIII. That the Clergy shall pay Annates or First-Fruits, i.e. a Years Profit, and shall pay or compound before Possession: The Chancellor, Master of the Rolls and Vice-Treasurer, or any two of them, whereof the Vice-Treasurer to be one, (or any others commissioned by the King) may compound and give Instalments: That the Bonds for First-Fruits shall have the Effect of Bonds of the Staple, and eight Pence to be paid for a Bond, and four Pence for an Acquittance, and no more. IX. An Act to vest in the King Sir Walter Delahide's Lands in Carbry, in the County of Kildare. X. That if the Robber or Felon be found Guilty, upon an Indictment, by means or Prosecution of the Party rob, that then he shall have Restitution, as if it had been done upon an Appeal. XI. An Act to suppress all Tributes, Pensions, and Irish Exactions, claimed by the Irish from Towns or Persons, for Protection. XII. An Act against the Pope, to suppress his Usurpations, and that it shall be Praemunire to defend or assert his usurped Authority or Jurisdiction; and that all Persons Ecclesiastical or Lay, That have Office or Benefice, etc. shall take the Oath of Supremacy mentioned in the Act, and the Refusal of that Oath shall be Treason. It seems there was much Difficulty to get this Act, and the former Act for the King's Supremacy, to pass both Houses, many of the Clergy opposing them stiffly, until the Archbishop Brown made the following Speech; which being well sconded by Justice Brabazon, so startled the rest, that at length both Bills passed. The Archbishop's Speech was thus, My Lords and Gentry of his Majesty's Kingdom of Ireland. BEhold your Obedience to your King is the observing of your Lord and Saviour Christ, Bish. Brown's Life, 7. for He, that Highpriest of our Souls paid Tribute to Caesar, (though no Christian;) greater Honour then surely is due to your Prince, His Highness the King and a Christian one. Rome and her Bishops, in the Father's Days, acknowledged Emperors, Kings and Princes to be Supreme over their Dominions, nay Christ's own Vicars; and it is much to the Bishop of Rome's shame, to deny what their precedent Bishops owned: Therefore his Highness claims but what he can justify the Bishop Elutherius gave to S. Lucius, the first Christian King of the Britain's, so that I shall without scrupling vote his Highness' King Henry my Supreme, over Ecclesiastical Matters as well as Temporal, and Head thereof, even of both Isles, England and Ireland, and that without Gild of Conscience, or Sin to God, and he who will not pass this Act as I do, is no true Subject to his Highness. XIII. That the King, and his Heirs, and Successors for ever shall have the twentieth part of the yearly Profits, Revenues, Rents, Farms, Titles, Offerings and Emoluments Spiritual and Temporal, belonging to any Archbishopric, Bishopric, Abbacy, Monastery, Priory, Arch-Deaconry, Deanery, Hospital, Comandry, College, House Collegiate, Prebend, Cathedral-Church, Collegiate Church, Conventual Church, Parsonage, Vicarage, Chantry, or Free Chapel, or other Promotion Spiritual whatsoever. And the King was so well pleased with this Act, Lib. H. that he sent a particular Letter of Thanks to the Lords Spiritual, for granting him the twentieth part of their Live yearly for ever. XIV. That no Subject shall be shaved above his Ears, or wear Glibbs, or Crom-meals (i.e. Hair on the upper Lip) or Linen died in Saffron, or above seven yards of Linen in their Shifts; and that no Woman wear any Kirtle, or Coat tucked up, or embroidered, or garnished with Silk, or couched, ne laid with Usker, after the Irish Fashion, and that no Person wear Mantles, Coats or Hoods after the Irish Fashion, (except Women, Horse-boys, Cow-boys, and Soldiers, at the rising out and Hostings, all which may wear Mantles.) And that every body shall endeavour to learn the English Language, and conform to the English Fashion, etc. XV. And that Benefices shall not be given to any that cannot speak English, unless after four Proclamations in the next Market-Town to the Benefice, on four several Market-Days, a Person that can speak English, cannot be got, and that then an honest able Irishman may be admitted, on his Oath, that he shall do his utmost endeavour to learn the English Language, and observe the English Order and Fashion, and teach those under him to do the like, and shall keep an English School in his Parish, to that purpose, etc. XVI. An Act for the Suppression of Abbeys. XVII. An Act against transporting of Wool and Flocks. XVIII. An Act about the Proof of Testaments. XIX. The Act of Faculties, prohibiting the Subjects from paying any Pensions, Cences, Portions, Peterpences, or any other Impositions to the use of the Pope, and extinguishing and suppressing them for ever; and authorising Commissioners appointed by the King to grant Faculties and Dispensations; as the Archbishop of Canterbury may do in England, by virtue of the Act of Faculties there, which is made of Force in Ireland. XX. That poinding's Act be suspended pro hac vice. XXI. An Act for Limitation of Actions on Penal Statutes, viz. That Actions in the King's Name, be commenced within three years after the Offence, and Actions Popular, within one year. XXII. An Act for prostrating the Wares on the River Barrow, etc. XXIII. An Act for uniting and annexing the Parsonages and Vicarages of Dungarvan, etc. to the Crown. XXIV. That no body presume to leaze Corn whilst there be any Stacks or Reeks of Corn in the Field: And that every man that cannot keep his Child at School, do at ten years of Age put him to Handicraft or Husbandry. XXV. That the Leases made, or to be made by the King's Commissioners, viz. Saintleger Pawlet, etc. shall be good and valid, any defect of Inquisition or Office, etc. notwithstanding. Lastly, An Act for the first Fruits of the great Abbeys and Monasteries, etc. which were not vested in the King by the above Act, ch. 16. But this Statute is become useless by a subsequent Act, that gives all the Abbeys, etc. to the King. And these are all the Acts of this Parliament to be found in the printed Statute-Book; which I do not pretend to have critically or exactly abridged; because I think it necessary for every man that will be nicely instructed in any Statute-Law, to read the Statute at large, and not to trust to an Abridgement; but I have endeavoured to give such an Historical Account of these Acts, as may illustrate this Collection, and give the Reader some Light into the Affairs of those times. Nor must it be forgotten, that many of these Statutes are made in the later Sessions of this Parliament, Anno 1537. And besides these Printed Acts, there was another Law made at this Parliament against Foster and Marriage with the Irish; and it was thereby made Treason to marry with the Child of any Man who had not swore allegiance, and entered into Recognizance to observe it; but this severe Law was repealed, 11 Jac. 1. cap. 5. But whilst the Nobility and Gentry were at the Parliament, O Connor made use of the opportunity, as he used to do, and invaded the Pale; his Fury lighted most on the Barony of Carbry in the County of Kildare, which he preyed and burnt; and to revenge it, the Lord Trimletstown, and the Vice-Treasurer Brabazon, with such men as they could on the sudden get together, made an Incursion into Offaly, and in like manner wasted and destroyed that Country, which obliged O Connor to return home as fast as he could. Sir William Brereton was likewise sent to the Confines of Ulster, to parley with O Neal, who complained, That the League (made between the Lord Deputy Skeffington and him) was not duly observed on the English side; so after some Expostulations upon that Point, the same Agreement was renewed and confirmed. And about the same time, the King, to reward the City of Waterford, for its Loyalty and firm adhesion to the Crown, sent to that City a gilt Sword, and a Cap of Maintenance. But John, Earl of Desmond, being dead, the new Earl, James (who was a very active, or rather a turbulent man) began new Disturbances in Munster; but he was timely opposed by the Lord Butler, who wasted his Lands in the County of Limerick, and repaired and Garrisoned the Castle of Loghguir, and it seems that the Lord Deputy came to Kilkenny, the twenty fourth of July, and having adjourned the Parliament, Lib. D. as aforesaid, he came to Loghguir the last of July, and the next day he went to Carrigonel, and took it the second of August; and they say, for some private Advantage, redelivered it to the former Owner; on the sixth of August they marched to Bryans-bridge, and took the Castles, and broke the Bridge; but by the improvidence of those in Authority, there was so great scarcity of Victuals, that a halfpenny Loaf was worth a Shilling. And within four or five days the strong Castle of Carrigonel was lost by treachery; but it was presently retaken, with the Slaughter of sixty Rebels; however, the Wants of the Army occasioned a Mutiny, so that the Soldiers refused to march for want of Pay, and the Garrison of Loghguir deserted, and a thousand other Inconveniences happened, On the twenty third of April, 1537. the Lord Deputy began his Expedition into Offaly, against O Connor, to revenge the Insolences of the last year; but he was hindered by the abundance of Rain that fell at that time, from doing the Execution he designed, Ware, 147. so that he was fain to end this Quarrel by a dishonourable sort of Arbitration; for although the Damages which O Connor had done, were estimated at five thousand Marks, yet the Lord Deputy compounded for eight hundred Beefs, or six shillings and eight pence apiece in lieu of them; but not long after, he attacked the Cavenaghs and O Carol, with better Success, and forced them to submit, and give Hostages. It seems that the Lord Deputy had new Instructions to oblige all the Irish by Indenture to own the King's Supremacy, and to renounce the Pope's Usurpations, and to contribute something towards the support of the Government, and to send a Quota of Men to every Hosting; and to effect this, the Lord Deputy marched to Offaly the seventeenth of June, and on the eighteenth, encamped in O Mulmoyes Country, and took the Castle of Eglis; on the nineteenth, he took by'r and Modrimye in O Carols Country; on the twenty fourth, O Kenedy submitted to him in Ormond, and the twenty fifth, Mac Brian Arra likewise submitted. On the twenty sixth, the Lord Deputy came to Abbey Owny, where O Mulrian, Vlick Burk of Clanrickard, and Tybot Burk Mac William made their Submissions; and so on the twenty eighth, he came to Limerick, where the Mayor and Aldermen took the Oath of Supremacy, and swore to renounce the Bishop of Rome's usurped Authority, and the Bishop of Limerick did the like, without scruple or hesitation; and Order was left for the Clergy and Commonalty of that City, to follow that Example, and that Certificates of their performance be returned into Chancery: And it is observable, that here one of the O Bryans made Peace for a year, and promised to do Service against his Brother Mortagh: On the fourth of July the Army came to Bryans-Bridge, and had a Skirmish with the Rebels, without any Loss; and on the sixth, demolished the Castles and Bridge; and on the eighth, the Lord Deputy marched into Thomond, and took the Castles of Clare and Ballycolome; and on the ninth, he came into Clanrickard, and took the Castle of Ballyclare, and delivered it to Vlick Burk; and on the eleventh, he came to Galway, where the Corporation treated the Lord Deputy and all the English Soldiers gratis for seven days, and Vlick Burk did the like to the Irish; and the Mayor and Aldermen followed the example of Limerick, and took the Oath of the King's Supremacy, and renounced the Pope's usurped Authority: And here O Flaherty, O Maddin, and Mac Yoris made their Submissions: On the twenty first the Lord Deputy removed to O Kelly's Country, where O Connor Mac Henry submitted; and thence he went to Mac Coughlan's Country, where he took a Castle, because Mac Coughlan had not kept his Word with him; and so, on the twenty fifth, he returned to Minooth. And it is to be noted, That all those that submitted, were bound by Indenture, as well as Oath, to own the King's Supremacy, and to renounce the Pope's Usurpations; but when the King had an Account of what was done, be answered by his Letter to the Lord Deputy, That their Oaths, Submissions and Indentures were not worth a Farthing, since they did not give Hostages, and so it afterward proved. The Earl of Desmond mollified by the Misfortunes of the last Year, Ware, 147. and fearing the Power of the Lord Deputy, who was in the Field with his Army, as I have already related, sent Letters to the Deputy, with Offers of Submission upon Terms; but the Expostulations about it, were so tedious, that the Army, for want of Provisions, was forced to return; however, Commissioners were employed to continue the Treaty, and conclude an Agreement if they could; and in order to it, they went to Clonmel; but the Earl of Desmond refused to come into a walled Town, insisting upon a Fantastical Privilege which he claimed; and thereupon the Commissioners forgetting the Dignity of their Character, and the Royal Person they represented, dishonourably condescended to go to Desmond's Camp, and there they took his Oath of Fidelity, and received his Bastard Son Thomas Roe, as a Hostage for his performanoe. But now the Jealousies between the Lord Deputy and the Earl of Ossory, broke out into open Hostility, and the Deputy was so extravagantly transported, that he sent part of the Army to spoil the Territories of the Butlers; he also quarrelled with Archbishop Brown, and Allen Master of the Rolls; and although, Lib. D. by the King's Order, their Complaints were heard, before the Council of Ireland, and the new Commissioners hereafter named, and a Reconciliation made between them, at least in appearance, yet some of them stuck so close to him, that at length they procured his Ruin. But it should have been remembered, that on the first of May, Fylemy Roe submitted, and on the twelfth of May, Cavenagh, alias Mac Murrough did the like; but O Neal was so far from it, that despising the Agreement he had not long before made with the Lord Deputy, he undertook to reduce Arglass, and in order to it, sent an Army under his Son to attack that Town and Castle; but assoon as he understood the Lord Deputy was ready to take the Field, he immediately proposed a Treaty; and on the fifteenth of June, he made an Agreement with the Lord Chancellor, the Bishop of Meath, and Chief Justice Ailmer, (Commissioners appointed for that purpose) and he swore to fight for the King contra omnes homines Mundi; Ibid. and not long after died Sir Hugh O Donel, Lord of Tyrconnel, and was succeeded by his Son Manus, who was (according to Custom) inaugurated on the Rock near Kilmacronan Church. But in September there came over four Commissioners, viz. Sir Anthony Saintleger, Sir George Pawlet, Sir Thomas Moyle, and Sir William Barnes; their business was to inquire into the Abettors of the late Rebellion, and afterwards to give a General Pardon: And though they were very moderate, yet it fell heavy on many of the Pale, who were compelled to join with the Rebels; they had also Authority to assist the Lord Deputy and Council in settling the Revenue, and to set the Crown Lands for one and twenty Years, for a yearly Rent. It was to these Commissioners that Bernard Fitz Patrick made his Submission; October 8. and they indented with him, That he should be Baron of Colthil and Castleton, and have the Lands in Upper Ossory granted to him at three Pound per annum: And these Commissioners caused the Earl of Kildare's Estate to be surveyed, Lib. H. and it amounted to eight hundred ninety three Pound eleven Shillings and eight Pence half Penny per annum; which was a mighty Revenue in those Days: And in the latter end of the Year, viz. the twenty second of February, the Earl of Ossory was restored to the Title of Earl of Ormond, which was afterwards confirmed to that Noble Family, by Act of Parliament, anno 1541. On the twenty fifth of July, 1538. 1538. the Lord of Trimletstown, who was also Lord Chancellor, departed this Life, and in his stead Sir John Allen, Master of the Rolls, was first made Lord Keeper of the Great Seal, by the Lord Deputy and Council; and afterwards, on the eigteenth Day of October was made Lord Chancellor by the King. In the mean time, (in the beginning of May) the Lord Deputy marched from Trim, to pursue O Reyly; but he prevented it by his Submission: And thereupon the Deputy marched against Savage, a degenerate Englishman, into Ards and Lecale, and there he took Mac Genis his Castle of Dundrum, and seven Castles more, and wasted and preyed all that Country; and which was worse, he burned the Cathedral Church of Down, and defaced the Monuments of the Saints, Patrick, Bridget and Columbus, and committed many other Sacrileges. And about the same time Images were every where defaced or taken away, and particularly the famous Image of the Blessed Virgin at Trim was burnt, and the Oblations and Treasures, which many superstitious Votaries had offered there, were also taken and carried away. And it seems, That whilst the Lord Deputy was engaged in the North, O Connor on the one side, and O Tool on the other, fell upon the Inhabitants of the Pale, and committed what Robberies and Depredations they pleased, and returned Home without Loss: But when the Lord Deputy came back, and understood what they had done, he resolved to be revenged of O Connor; and immediately invaded Ophaly, and took the Castles of Braghnal and Dingen: And in his Letter to the King, of the twelfth of August, he writes, That he forced O Carol and O Magher to give Hostages; and that O Carol paid him three hundred Marks to redeliver his Son, and desired to take a Patent from the King for his Country; but it is not fit to grant it to him, because he is False: And that the English do now so well understand the Irishmen and Country, that if the King will send them Money, they will manage the Irish as he Pleases. And in his Letter of the twenty first of March he acquaints the King, That Brian O Connor, submitted in the open Filled; and that he pursued Cahir O Connor, until he forced him to come to Dublin, to make his Submission there. In the mean time the Reformation of Religion went on but very slowly in Ireland, for although Archbishop Brown was very zealous for it, yet the Primate Cromer was as industrious against it, as will appear by the following Letter, from Archbishop Brown to the Lord Cromwell. Right Honourable, and my singular good Lord, I Acknowledge my bounden Duty to your Lordship's goodwill to me, April 8. 1538. next to my Saviour Christ's, for the Place I now possess; I pray God to give me his Grace to execute the same to his Glory, and his Highness' Honour, with your Lordship's Instructions. The People of this Nation be Zealous, yet Blind and Unknowing: Most of the Clergy (as your Lordship hath had from me before) being Ignorant, and not able to speak right Words in the Mass or Liturgy; as being not skilled in the Latin Grammar, so that a Bird may be taught to speak with as much Sense as several of them do in this Country; these Sorts, though not Scholars, yet crafty to cousin the poor Common People, and to dissuade them from following his Highness' Orders: George, my Brother of Armagh, doth underhand occasion Quarrels, and is not active to execute his Highness' Orders in his Diocese. I have observed your Lordship's Letter of Commission, and do find several of my Pupils leave me for so doing; I will not put others in their Live, till I do know your Lordship's Pleasure; for it is meet I acquaint you first, The Romish Relics and Images of both my Cathedrals, in Dublin, took off the Common People from the true Worship; but the Prior and the Dean find them so sweet for their Gain, that they heed not my Words; therefore send in your Lordship's next to me, an Order more full, and a Chide to them and their Canons, that they might be removed: Let the Order be, That the Chief Governors may assist me in it. The Prior and Dean have written to Rome, to be encouraged; and if it be not hindered, before they have a Mandate from the Bishop of Rome, the People will be bold, and then tug long, before his Highness can submit them to his Grace's Orders. The country Folk here much hate your Lordship, and despitefully call you, in their Irish Tongue, The Black-Smith's Son. The Duke of Norfolk is by Armagh and the Clergy desired to assist them, not to suffer his Highness to alter Church Rules here in Ireland. As a Friend I desire your Lordship to look to your Noble Person, for Rome hath a great Kindness for that Duke, for it is so talked here, and will reward him and his Children. Rome hath great Favours for this Nation, purposely to oppose his Highness, and so have got (since the Act passed) great Indulgences for Rebellion, therefore my Hopes are lost, yet my Zeal is to do according to your Lordship's Orders: God keep your Lordship from your Enemies here and in England. And in May after he wrote the following Letter. Right Honourable, MY Duty premised: It may please your Lordship to be advertized, Since my last, there has come to Armagh and his Clergy, a private Commission from the Bishop of Rome, prohibiting his Gracious Highness' People, here in this Nation, to own his Royal Supremacy, and joining a Curse to all them and theirs, who shall not within forty Days confess to their Confessors, (after the publishing of it to them) That they have done amiss in so doing; the Substance, as our Secretary hath translated the same into English, is thus, I A. B. from this present Hour forward, in the presence of the Holy Trinity, of the Blessed Virgin, Mother of God, of S. Peter, of the Holy Apostles, Archangels, Angels, Saints, and of all the holy Host of Heaven, shall and will be always obedient to the Holy See of S. Peter of Rome, and to my Holy Lord the Pope of Rome and his Successors, in all things as well Spiritual as Temporal, not consenting in the least, that his Holiness shall lose the least Title or Dignity, belonging to the Papacy of our Mother Church, or to the Regality of S. Peter. I do Vow and Swear to Maintain, Help and Assist the just Laws, Liberties and Rights of the Mother Church of Rome. I do likewise promise to confer, defend and promote, if not personally, yet willingly, as in Ability able, either by Advice, Skill, Estate, Money or otherwise, the Church of Rome and her Laws, against all whatsoever resisting the same. I further vow to oppugn all Heretics, either in making or setting forth Edicts or Commands, contrary to the Mother Church of Rome; and in case any such to be moved or composed, to resist it to the uttermost of my Power, with the first Convenience and Opportunity I can possible. I count all Acts made or to be made by Heretical Powers, of no force, or to be practised or obeyed by myself, or by any other Son of the Mother Church of Rome. I do further declare him or her Father or Mother, Brother or Sister, Son or Daughter, Husband or Wife, Uncle or Ant, Nephew or Niece, Kinsman or Kinswoman, Master or Mistress, and all others, nearest or dearest Relations, Friend or Acquaintance whatsoever, accursed, that either do or shall hold, for time to come, any Ecclesiastical or Civil above the Authority of the Mother Church; or that do or shall obey, for the time to come, any of her the Mother Church's Opposers or Enemies, or contrary to the same, of which I have here sworn unto, so God, the Blessed Virgin, S. Peter, S. Paul, and the Holy Evangelists help, etc. His Highness, the Viceroy of this Nation, is of little or no Power with the Old Natives; therefore your Lordship will expect of me no more than I am able: This Nation is poor in Wealth, and not sufficient now at present to oppose them. It is observed, That ever since his Highness's Ancestors had this Nation in Possession, the Old Natives have been craving Foreign Powers, to assist and rute them; and now both English Race and Irish begin to oppose your Lordship's Orders and do lay aside their National old Quarrels; which I fear will (if any thing will) cause a Foreigner to invade this Nation. I pray God I may be a false Prophet, yet your good Lordship must pardon mine Opinion, for I writ it to your Lordship as a warning. And about Midsummer, one Thady Birne, a Franciscan Friar, was apprehended, and was to be sent Prisoner into England, to the Lord Privy Seal; but the cowardly Sophister being told, That he would certainly be hanged, was seized with such a panic Fear, that he murdered himself in the Castle of Dublin, on the twenty fourth Day of July; and among other Papers the following Letter was found about him. My Son O Neal, THou and thy Fathers were all along faithful to the Mother Church of Rome: Life of Bishop Brown, 11. His Holiness Paul, now Pope, and the Council of the Holy Fathers there, have lately found out a Prophecy, there remaining, of one S. Laserianus, an Irish Bishop of Cashel: Wherein he saith, That the Mother Church of Rome falleth, when in Ireland the Catholic Faith is overcome: Therefore, for the Glory of the Mother Church, the Honour of S. Peter, and your own Secureness, suppress Heresy and his Holiness' Enemies; for when the Roman Faith there perisheth, the See of Rome falleth also. Therefore the Council of Cardinals have thought fit to encourage your Country of Ireland (as a Sacred Island) being certified, whilst the Mother Church hath a Son of Worth as yourself, and those that shall secure you and join therein, that she will never fall, but have more or less a holding in Britain, in spite of Fate. Thus having obeyed the Order of the most Sacred Council, we recommend your Princely Person to the Holy Trinity of the Blessed Virgin, of S. Peter, S. Paul, and all the Heavenly Host of Heaven, Amen. Episcopus Metensis. And it is not to be doubted, Ware, 151. but the Irish had Solicitations from many others besides the Bishop of Mets; for in the beginning of the following Year, O Neal began to declare himself the Champion of the Papacy, and having entered into a Confederacy with O Donel, Macgenis, Ocahane, Mac William, O Hanlon, and others, they jointly invaded the Pale, and marched to Navan, burning that and Athirde, and all the Country as they marched, and thence they came to the Hill of Taragh, where they mustered their Army with great Ostentation; and so having taken a vast Prey, and done abundance of Mischief, they designed to return home. But the Lord Deputy, who foresaw this Storm, 1539. had sent to England for Aid; Holingsh. 101. and Sir William Brereton, who was newly returned to England, was immediately sent back with two hundred and fifty Cheshire-Men: It is reported of him, That he broke his Thigh in two Places, by a Fall from his Horse, as he was exercising his Men; and that nevertheless he was so Valiant and Zealous, that he caused himself to be halled into the Ship by Pulleys, that the Succours might not be detained any longer. In the mean time the Deputy, Ibid. with the Forces of the Pale, and the Mayors and Citizens of Dublin and Drogheda (in May) marched to Bellahoa, where O Neal was encamped on the other side the River, they marched all Night to surprise the Enemy, and came to the River by break of Day. The valiant Baron of slain led the forlorn (and having first substituted Robert Betoa his Standard-bearer, instead of the cowardly Robert Halfpenny, who declined the Adventure, because of the Danger) he rushed into the River, and being well seconded by Mabe of Mabestown (who was there slain) though the Inconveniencies of passing the River were very great, yet they at length got over, routed the Gallowglasses, slew Macgenis, defeated O Neal, and recovered all the Prey of the Pale, and continued the Pursuit till Sunset. The Deputy exceeded the rest as much in Courage as Authority, and behaved himself exceeding bravely; and after the Battle knighted Chief Justice Ailmer, Talbot of Malahide, Fitz-Simons Mayor of Dublin, and Michael Curtsy Mayor of Drogheda, in the Field; and well they deserved it, for their good Service in obtaining so great a Victory, which broke the Power of the North, and quitted the Borders for some Years; and yet there were not above four hundred of the Rebels slain. But whilst the Deputy was in Ulster O Connor and O Toole made Incursions into the Pale, and though they did much Mischief, yet the Country suffered more by unseasonable Wether, for the Summer was so hot, that even some Rivers were almost dried up; and the Autumn was very Sickly and Unwholesome; and the Winter so excessive cold, that multitudes of Cattle perished by reason thereof. And now began the Abbots and Priors upon Assurance of Pensions, Ware, 152. during their respective Lives, to surrender their Abbeys and other Religious Houses, to the King; it would be too tedious to give a Catalogue of all that did so; but these following should not be pretermitted, because they were Lords of Parliament. The Abbot of Mellifont S. Thomas-Abby near Dublin S. Marry Abbey near Dublin Baltinglass Jeripont Tintern in the County of Wexford Douske Tracton in the County of Cork Dunbrody— Dunbrodiae Mage alias Nenai, in the County of Limerick Wony alias Wethney, in the County of Limerick Rosglass alias Monaster Evan Bectif Rathto in the County of Kerry The Priors of S. John of Jerusalem Christ-Church Dublin S. Peter's near Trim Conal Kells in Ossory— Kenlisae S. Patrick's in Down All-Saints near Dublin Athassel Killagh S. mary in Louth. In the close of the last Year, Ware, 154, it happened that a Waterford-Ship, loaden with one hundred Tun of Wine, was in her return from Portugal put into Baltimore; no sooner was it heard of, but Finil O Driscol came on Board, and very kindly invited the Merchant and Mariners on shore, to refresh themselves at his House, after the Hardships they had suffered at Sea; they readily accepted of his Invitation, but met with another sort of entertainment than they expected; for contrary to the Rules of Hospitality, he most perfidiously kept them all Prisoners, and distributed most part of the Cargo between himself and his Followers, as he thought fit: But as soon as the Citizens of Waterford were informed of this Treachery, they manned two Sips and a long Boat, and although Captain Dobins did easily recover the former Ship, and all the Goods that were left, which were about the fourth part of the whole, and all the Prisoners, yet the Citizens of Waterford were not contented with that, but sailed to Inisherkin, and took O Driscols Castle there, and razed it to the ground, and destroyed the Island as much as they could, and thence they went to Inchypyle, which they served in the same manner; and at length, after they had destroyed Baltymore, and the Country adjacent, they carried away O Driscol's best Boat, and abundance of Plunder, and returned safely to Waterford. In the mean time, Ware, 155. the King, that he might not be thought to abandon the Religion of his Ancestors, enacted in England the Bloody Law of the Six Articles, and not long after revoked the Lord Deputy; who left Ireland early in the Spring, having first substituted Sir William Brereton, 1540 Lord Justice, in whose time the Irish Potentates began generally and publicly to own themselves Champions of the Papacy, and to assume the specious Pretences of Liberty and Religion, the better to cloak their Designs of Robbery and Rebellion; Ware, 156. for some of them (being of a temper impatient to live as Subjects any longer than they are disabled to be Rebels) were glad of any Pretence that might seem to justify their illegal Proceed; and therefore many of them confederated together, and especially O Neal, O Bryan, O Donel, and O Carol, and in the beginning of July appointed their Rendezvouz all four in Westmeath, in order to invade and plunder the Pale; but the Lord Justice got his small Army together, and was joined by two thousand of the Inhabitants of the Pale, whereof many were Clergymen, who very well knew, That whatever was pretended by the Irish, yet Plunder and Depredation was meant and intended; and therefore they were forward and active to defend their Country; but as soon as the Rebels had notice of this Preparation (which was counted great in those days) those holy Champions dispersed their Forces into Woods and Fastnesses; so that this terrible Bugbear vanished without Blows. But the Lord Justice would not be so satisfied; for he pursued O Connor into Ophaly, and made several of the Fastnesses of that Country passable for Carriages, and brought O Connor to that pass, that he was forced to give his Son Cnoghor for a Hostage of his future Behaviour; but not long after, viz. on the 25th of the same Month of July, Sir Anthony Saintleger, Knight of the Garter, Lord Deputy, was sworn (as was usual) in Christ-Church, Dublin, and the Form of his Oath is to be found in Burlace's Reduction of Ireland, pag. 106. and Ware's Annals, 157. This Lord Deputy, by the help of Thomas Walsh, one of the Barons of the Exchequer, John Mine and William Cavendish, two Auditors, well versed in the Treasury, did bring the public Revenue into good Order, and more to the King's advantage than ever it had been before. But because some People have written extravagantly, Present State of Ireland, 12. That the Revenue in King Edward the Third's Days, amounted unto thirty thousand pounds per annum, and that the Earl of Desmond was able to expend ten thousand pounds per annum, it will not be inconvenient to give the Reader an Account both of the public Expense and Income for one Year, during Saintleger's Government, viz. for the Year 1543. l. s. d. The King's Manors and Lands per annum 6069 02 07 Customs of Dublin, Droghedah, Dundalk, and Trim, 0319 13 04 The Fee Fee-Farms of Dublin and Droghedah, 0200 00 00 P●●ty Farms, Profits and Homages, 0011 05 08 The twentieth part of the Spirituality, 0287 02 01 ½ The King's Subsidy Spiritual and Temporal 0613 08 03 7500 11 11 ½ (Irish Money. Deduct 182 13 09 ½ for yearly Annuities and Proxies perpetual, and 1131 12 06 for Judges, Clerks of Courts, Customers, Controllers, Constables of the King's Castle of Dublin, etc. and Officers of the County and Liberty of Wexford, and there remains 6186 05 08 Besides, there were some Temporary Payments to be deducted, viz. 500 l. per annum, Pension to the late Prior of St John of Jerusalem, and 759 l. 3 s. 4 d. per annum, Pensions to the Religious Persons belonging to the suppressed Monasteries, etc. So that there remained clear to the King but 4927 l. 2 s. 4 d. For as on the one side, there were some uncertain Profits that are not included in this Computation, as Liveries, Wardships, First-Fruits, the Profits of the Hanaper, and the Tributes of Irishmen, and likewise the Manor of Dungarvan, and some other small things not then settled, are not in charge; so, on the other side, there were some casual Expenses for Buildings, Reparations Concordatums, Inquisitions, Messengers, etc. that did more than tantamount the casual Branches of the Revenue. The Charge of the Military List, although the Army consisted of no more than three hundred seventy nine Horse, and one hundred and fifty Foot, amounted to almost eight thousaud Pounds, besides Artillery, and some other things that were constantly supplied from England, that is to say, The Lord Deputy's Retinue; A Captain at four shillings a day, a petit Captain at two shillings, and an hundred Horsemen at ninepences apiece, makes four pound, twelve shillings per diem, and that is an hundred and thirteen Pound, eight shillings per mensem, and per annum— 1478 05 00. Mr. Robert Saintleger, for the like Retinue, for a year, being thirteen months and one day,— 1478 05 00. Master of the Ordinance his Retinue, a grand Captain, four shillings, a petit Captain, two shillings, and an hundred Harquebuses (I suppose on Horseback) half at eight pence, and the other half at nine pence a day, makes three pound, sixteen shillings and ten pence per diem, and an hundred and seven pound, eleven shillings and four pence per mensem, and per annum— 1402 04 02. Mr. Brereton's Retinue, a grand Captain, four shillings, a Captain, three shillings, a petit Captain, two shillings, and an hundred and fifty Archers at six pence apiece, is four pound four shillings per diem, and one hundred and seventeen pound, twelve shillings per mensem, and per annum 1533 00 00. The Knight Marshal's Retinue, a grand Captain, four shillings, and twenty nine Horsemen, at nine pence a day, is one Pound eight shilling per diem, eleven Pound eighteen shillings per mensem, and per annum— 0511 00 00. Clerk of the Cheques Retinue, ten Horsemen, at nine pence, and himself a shilling, is eight shillings six pence per diem, eleven Pounds eighteen shillings per mensem, and per annum,— 0155 02 06 The Treasurer's Retinue, forty Horse at nine pence, and himself at six shillings and eight pence per diem, is per annum— 0669 03 04 The Lord Deputy's Stipend is per annum 0666 13 04 Master of the Ordnance's Stipend per annum. 0048 13 04 Charge of the Ordnance (besides what comes out of England) is per annum, 0040 00 00 7982 06 08 It seems the reason why they had so little Foot was, because the Lords and Gentlemen of the Country were bound by their Tenors to assist the King with a certain number of Men at every Hosting, or rising out (as they call it;) and as for the Artillery, it was so contemptible, that I find by one of the Letters from the Council at the Camp, that the Army had but one broken Piece, and therefore they desire another may be sent them. But before we proceed farther in the Affairs of Ireland, it will be fit to pay that respect to the Memory of the late Lord Deputy (the Lord Grey) as to give some Account of his Misfortunes and Destiny; He had certainly performed considerable Achievements in Ireland, and great Commendations of him are contained in most of the Letters from the Council to the King; and his Majesty did so well approve of his good Services, that he Created him Viscount Grany; and although the Earl of Ormond, the Lord Chancellor Allen, the Vice-Treasurer Brabazon, and Sir John Travers, went with him, or immediately followed him into England, to impeach him, yet he was kindly received by the King, and and carried the Sword before him on Whitsunday: Nevertheless he was in a short time after imprisoned in the Tower, and accused of very many Articles; the principal of which are these; First, That O Connor feasted him, and mended Toghercroghan for him; and that in favour of O Molloy, a Rebel, he took a Castle from Dermond O Molloy, whose Father-in-Law O Carol was a good Subject; for which the Lord Grey had a Bribe, and Stephen ap Harry had twenty Cows. Secondly, That he took the Castle of by'r from a Loyal O Carol, and gave it to a Rebel O Carol, who married the Earl of Kildare's Daughter, and also took Moderhern, a Castle belonging to the Earl of Ormond, and gave it to the Rebel O Carol, and wasted the Earl of Ormond's Lands: for which, he had an hundred and forty Kine, and Stephen ap Harry had forty, and Girald Mac Gerrot had a black Hackney. Thirdly, That he took forty Kine from O Kenedy, a Tenant of the Earl of Ormond's and his Son for Hostage. Fourthly, That he held secret and private familiar Correspondence with James of Desmond, and went to visit him in his Tents in his Nightgown, and forced the Abbot of Owny to give him forty Pounds sterling to preserve that Abbey from Ruin, and O Brian to give him thirty Kine and Hostages; & Vlick Bourk, a Bastard, gave him 100 Marks to have Ballimacleere-Castle, and to be made Mac William; and that he carried the Artillery in a small Vessel to Galway, and made the Town of Galway pay thirty four Pounds for that Carriage. Fifthly, That the Exploits at Bryan's Bridge, etc. were in favour of O Bryan a Rebel, Desmond's Son-in-Law, and to the prejudice of Donough O Bryan, a good Subject; and that he took a Bribe of eighty Kine from Macnemarra. Sixthly, That trusting Desmond and O Bryan, he hazarded the King's Army in a long and dangerous Journey, wherein Desmond quarrelled, and deserted him, and O Bryan sent but one man with a Battle-Ax to guide him. Seventhly, That he rifled the Abbey of Ballyclare, and left neither Chalice, Cross nor Bell in it. Eighthly, That he destroyed the Castles of Lecagh and Derriviclaghny, in favour of Vlick Burk, though the rightful Proprietor offered Submission and Rent to the King. Ninthly, That he had secret Conference with, and received a Horse from O Connor Roe, who was the chief Instrument in conveying away the young Fitz-Girald. Tenthly, That he took eighty Kine from O Maddin, and forced O Mlaghlin's Son from Mr. Dillon, whose lawful Prisoner he was; for which he had seventy Kine. And there was a Commission sent to Ireland, to examine Witnesses; and they say that these Articles were proved by the testimony of above seventy Persons; whereof some were of Quality, that is, some of them swore to one Article, and some to another; so that the Lord Grey (who was Son to the Marquis of Dorset, and Viscount Grany in Ireland, but no Peer in England) being tried by a common Jury, thought it his best way to confess the Indictment, in hopes of the King's Grace and Pardon; but in that he was mistaken; and although his Services did infinitely overbalance his Faults, yet he was publicly Executed on the twenty eighth day of July 1541. There are four other Articles mentioned by others, Holingsh. 102. to be laid to his Charge. Ware, 162. 1. His Partiality to his Nephew Fitz-Girald (afterwards Earl of Kildare) whom they say he might have taken. 2. That his Servants pillaged the Gentlemen in Munster, that entertained them. 3. That he had inveigled Thomas Fitz Girald to submit, by Promises which he had no Commission to perform; and that he did it, to destroy that Lord, that his own Nephew might come to be Earl of Kildare (as afterwards he did.) 4. His Sacrilege at Down; But however that be, it was not long after his Execution, before a Commission was directed to Archbishop Brown, and Cow Master of the Rolls, to make an Estimate or Survey of the Lord Grey's Estate in Ireland, and to deliver it to the Lord Deputy Saintleger, to be disposed of as the King shall direct. Sir William Brereton, 1540 Marshal of Ireland, was sent by the Lord Deputy into Munster, to take the Submission of James Fitz-John, Earl of Desmond, and to bring him to Dublin; but the Marshal died at Kilkenny; nevertheless, the Earl, on the 16 of January came to Cahir, to Commissioners appointed for that purpose; and there he renewed his Oath of Allegiance, and delivered his Son Girald to be Hostage of his Loyalty, and to be bred after the English manner; and by Indenture he renounced that fantastical Privilege, which he and his Predecessors had for a long time claimed, of not being obliged to appear at the Parliament, Lib. D. or come within any walled Town, but at their own Pleasure; and by the same Indenture did utterly deny, and promise to forsake the Bishop of Rome's usurped Primacy and Authority, and Covenanted that he would with all his Power resist and repress the same, and all that should by any means use or maintain it; and that he would contribute and pay his share of Taxes granted by Parliament, as the Earl of Ormond and other Noblemen do: And afterwards he did come to Dublin, and made his Submission in a set Form of Words before the Lord Deputy and Council. And it seems that about the same time Hugh Burk made his Submission, Ibid. and by Indenture Covenanted to pay the King forty pound per annum, for the Captainry of the Burks Country, and an hundred Mark upon every Succession of Captainry, and to find eighty Gallowglasses, and forty Horsemen for six weeks every Hosting, and his whole Force for three days, whenever the Lord Deputy comes into the Country; and also to give Bonnagh or Maintenance for eighty Gallowglasses for six Weeks every year; and this Example was followed by many others, varying the Proportions of every man's Contribution according to their respective Circumstances. And about the same time, Lib. 6. was Coined that Piece of Money, Ware, 159. which they call King Harry's Groat, and twopenny Pieces, and Pence of the same Stamp; and on the nineteenth of November they were made currant by Proclamation, and the carrying them to England, was prohibited, under severe Penalties. The Lord Deputy in the latter end of May went to Limerick, 154● to confer with O Brian about his Submission; which I suppose, was there performed; and soon after he returned to Dublin, to meet the Parliament, which was summoned to sit there on the thirteenth of June, which it accordingly did, and continued until the twentieth Day of July; and so after several Prorogations and Adjournments mentioned in the Statute Book, it was finally dissolved on the nineteenth day of November 1543. There were present at this Parliament the Archbishops of Dublin, Ware, 160. Cashel, and Tuam, and the Bishops of Waterford, Fernes, Emly and 〈◊〉; and to oblige the principal Gentry, the King 〈…〉 profuse of Honour than he used to be, Enobling no less than six of them at the beginning of this Parliament, viz. Edmond Butler, Baron of Dunboyne, and Bernard Fitz-Patrick, Baron of upper Ossory, June 11. Sir Oliver Plunket, Baron of Louth, June 15. William Birmingham, Baron of Carbry, June 17. John Rawson (late Prior of Kilmainham) Viscount Clantarfe, June 20. and Thomas Eustace, Viscount Baltinglass, June 29. This Parliament made several good Laws, viz. 1. That the King and his Successors be KINGS of Ireland, and that it be so proclaimed in every Shire in the Kingdom, and that all opposition to this Act, or to that Style or Title be Treason. 2. That no body shall buy Goods or Merchandizes to sell again, except in open Market or Fair, on pain of being punished as a Forestaller, except Tanner's buying Hides to Tan. This Act made perpetual by 11 Eliz. c. 5. 3. That the Plaintiff in Assize, may abridge his Plaint. 4. That Consanguinity or Affinity not being within the Fifth Degree, shall be no principal Challenge against a Juryman. 5. That it shall be Felony in any Servant (Apprentices under eighteen years of Age excepted) to carry away or inbezil his Master's Goods to the value of forty shillings or upward. 6. That Marriages solemnised in the Face of the Church, and consummate with carnal Knowledge by Persons without the Levitical Degrees, shall not be dissolved on any Pretence whatsoever, without Carnal Knowledge. Vide 2 Eliz. c. 1. 7. That because by reason of Secret Conveyances it is difficult to know the Tenant, the Lords may avow the taking of a Distress on the Land without naming the Tenant; and that the Avowant shall have Costs and Damages, if it be found for him, or the Plaintiff be nonsuit. 8. That all Religious Persons belonging to the dissolved Abbeys and Monasteries, etc. be capacitated to Purchase, Sue, etc. 9 That the Justices of Peace, at their Sessions, after Easter and Michaelmas shall appoint the Wages of Artificers and Servants. Perpetuated 11 Eliz. cap. 5. 10. That joint-tenants and Tenants in Common, may force a Partition by Writ, and either of them may have Aid of the other to deraign the Warranty Paramount, as in case of Partition between Coparceners. 11. That Lessees for Years (as to their term only) may falsify covinous Recoveries, as the Tenant of the Freehold might do at Common Law; and so may Tenants, by Elegit or Statute Staple; and the Recoverers shall have the same Remedy for Waste and Rent as the Lessors might have had. 12. That the Impropriators and other Laymen entitled to Tithes, may sue for them in the Spiritual Court; and that in all cases of Appeal from a Judgement for Tithes, the Appellant shall pay Costs, the Adversary giving surety to refund, if it be adjudged against him on the Appeal; and upon the Certificate of the Ecclesiastical Judge, That he has given a definitive Sentence, in case of Tithes, two Justices of the Peace, whereof one to be of the Quorum, may imprison the Party, without Bail or Mainprize, until he give sufficient Security to obey the Sentence; and that all such Writs and Remedies, as Fines, Writs of Dower, etc. shall as well be had for Tithes, &. as for Lands, by any Person that has a Temporal Interest therein; only the Suit for substraction of Tithes must still be prosecuted in the Spiritual Court. 13. That the Purchaser of a Signiory or Reversion, by common Recovery, may distrain or avow without Attornment, and that all Avowants may recover Costs and Damage, if the Plaintiff be barred in his Action. 14. An Act to enable Commissioners (therein named) to to erect Vicaridges, etc. 15. An Act against Idlers and Vagabonds; which (had it been well executed) would have reform Ireland long ago: for most of the Mischiefs that have happened to that Kingdom, either in War or Peace, have proceeded from such lose Fellows, as were punishable, and might have been reform by the Statutes against Idlers, Rogues and Vagabonds. And at another Sessions of this Parliament, begun at Limerick, the fifth of February 1541. (and not 1542 as the printed Statutes make it) a former Act (restraining the Parliament from sitting any where but at Dublin or Tredagh, or from Proroguing or Adjourning above twice; or from admiting any Knight, Citizen or Burgess to sit, unless he were resident at the Place of Election, and had a Freehold of forty Shillings per annum (the Town of Drogheda excepted) was repealed; and in lieu of it this Parliament enacts, I. That Electors in Counties must have Freehold worth forty Shilling per annum, ultra reprizas, on pain of one hundred Shillings; and that the elected in Counties, Cities or Towns must be resident; and the Sheriff shall forfeit one hundred Pound if he makes a Return contrary to this Act, and the Party one hundred Pound more. II. That on the Death, Absence or Resignation of the chief Governor, the Chancellor shall issue Writs to all the Privy-Counsellors, in the Counties of Dublin, Meath, Louth, Kildare, Kilkenny, Typerary, Wexford, Waterford, Cork, Kerry and Limerick; and they being assembled, shall choose a Layman of English Birth, to be chief Governor during the King's Pleasure; and if no such Man fit for the Place can be got, than the Council shall choose two Lay Persons of English Blood, and surname to be Lords Justices, to whom the Lord Chancellor shall administer the Oath, and give Patents. Note, this Statute recites, That the former Act (already mentioned 10 Hen. 7. That in these Cases the Lord Treasurer should be chief Governor) was repealed 13 Hen. 7. although the Roll be lost; but whether it be so or not, is not worth the Enquiry. III. An Act touching mispleading and Jeofailes. iv That although all Estates are forfeitable for Treason, yet because several of the Nobility lately created, and others whom the King designs to ennoble, are very ignorant in the Knowledge of the Duty of a Subject (they are the Words of the Act) to the end they may not pretend Ignorance, it is enacted, That if any Person confederate with the King's Rebels against his Majesty, or attempt any wilful War or Invasion against his Subjects, or do transgress their Allegiance in any treasonable manner, or do break their voluntary Pacts or Covenants, made at the time of the King's Grant, that then being convict thereof, they shall forfeit all the Benefit and Effect of the King's Patents; and for the time to come, there shall be a conditional Clause inserted into every Patent to that effect. V An Act for the suppression of Kilmainham and other Religious Houses. And in a 3d Session of this Parliament held at Dublin, on Monday next after the Feast of All saints, anno Dom. 1542, and 34 Hen. 8. it was enacted, First, That Meath be divided into two Shires, viz. Meath and West Meath. Secondly, That Persons bound by Recognisance to appear in any Court, shall be excused if they are in the King's Service; and if their Recognisance be estreated, they shall be discharged by Writ, giving a new Bond for their Appearance at another Day. And at another Session of this Parliament at Dublin, the seventeenth Day of April, 1543, it was enacted, That the Castle and Manor of Dungarvan should be united to the Crown. And although all these Acts were Seasonable and very Good for that time, yet there was not any one of them was of more Advantage to the Crown, or that pleased the King better, than that of making him King of Ireland; for though it is manifest (as the Act mentions) that the Kings of England did always enjoy Regal Authority and Jurisdiction in Ireland, under the Style and Name of Lords; yet the Irish did not pay that Reverence to the Name of Lord, as they did to the Name of King, or at least those that were traitorously disposed did make use of the distinction between Lord & King, Ware, 161. to deceive and inveigle the Common People, as hath been already related: And therefore it being believed, That this Statute would suppress and silence all those trifling Objections and Pretences, there was exceeding Joy at the Publication of it in Dublin; which was performed with great Solemnity at S. Patrick's Church, in the presence of the Lord Deputy, the Earls of Ormond and Desmond, and others of the Nobility, in their Parliament Robes, and several of the Bishops and Clergy; and the same Day a General Pardon was given to all Criminals, and after much Feasting and Drinking, and other Expressions of Joy, the Ceremony was concluded with Bonfires. And because some of these Laws were not practicable in Munster, which was not so much enured to Civility as the Pale and those Countries near Dublin; and where the use of the Laws of England (except in some Cities and Towns, where it was also much corrupted) had been discontinued for almost two hundred Years: The Lord Deputy and Counsel (in magno Parliamento) did publish certain temporary Constitutions, Pro reformatione inhabitantium hujus Regni in partibus Momoniae qui nondum sic sapiunt Leges &. Jura, ut secundum ea jam immediate vivere aut Regi possunt; and they were notified to the Subject by way of Proclamation, the twelfth of July 1542, and were as followeth, 1. That King Henry be received and called King of Ireland. 2. That Bishops may exercise their Jurisdiction in their Diocese, according to the Law of God and the Canons. 3. That Laymen nor Boys be not admitted to Ecclesiastical Preferments; and that such as be in already, shall be immediately deprived. 4. That the Demesnes of Bishops, and the Glebe's of Rectors and Vicars, not exceeding ten Marks per annum, be exempt and privileged from Taxes. 5. That all those who have Dignities or Benefices Ecclesiastical, shall take Orders and Reside. 6. That a General Peace be proclaimed throughout Munster, and afterwards he that commits Murder or Robbery shall be fined forty Pound, half to the King and half to the Lord of the Fee. 7. That Larceny above the value of fourteen Pence, shall be punished with the loss of one Ear the first time, and t'other Ear the second time, and the third time with Death. 8. No Horseman shall keep more Garsons or Boys than Horses, on pain of twenty Shillings. 9 That every Father shall answer for his Children, Master for his Servants, Gentleman for his Followers, and Brother for his Brethren under his Tuition, and shall give in a List of them. 10. That every Kern that has not a Master that will answer for him, be taken as a Vagabond. 11. That there be no more Exactions to maintain Horse or Foot, or Kerns, or to war against one another; and that no more Coin or Livery be taken, but by the Deputies Order, at a General Hosting. 12. That nevertheless the Captain of the County must have the usual Contribution of the Country, for the Public and his own private Defence. 13. That Petty Larceny be punished by a Fine of three Pound six Shilling and eight Pence, whereof forty Shillings shall be paid to the Captain or Lord of the County, and twenty Shillings to the Tanist, si non est particeps criminis, and six Shillings and eight Pence to the Informer. 14. That no Man buy Goods above the Value of five Shillings, from any suspected Person, at his Peril, if they prove to be stolen. 15. Depopulatores agrorum & spoliatores per viam, and Rape, shall be punished with Death without Mercy. 16. That no Man shall meddle with any Ecclesiastical Officer or Benefice, but pay all their Tithe punctually, and half Tithe of the Fish taken by Foreigners on the Coast. 17. That Noblemen shall have but twenty Cubits or Bandles of Linen in their Shirts, Horsemen eighteen, Footmen sixteen, Garsons' twelve, Clowns ten; and that none of their Shirts shall be died with Saffron, on pain of twenty Shillings. 18. That the Lord or Gentleman into whose Country a Theft is traced, must trace it thence or make restitution. 19 No Histriones, Mummers or Players at Christmas or Easter. Lastly, The Earl of Ormond in the Counties of Waterford, Typerary and Kilkenny, and the Earl of Desmond in the rest of Munster are made Custodes & Executores of these Ordinances, with the Assistance of the Bishop of Cashel. But we must not leave the Year 1541, Sullevan, 79. until we have informed the Reader, That Robert Wachop, titular Archbishop of Armagh, (who is famous for riding Post the best of any Body in Christendom, although he was blind from his Cradle) did this Year introduce the Jesuits into Ireland, by the Favour and Countenance of Pope Paul the third: John Codur, was the first of the Society that went thither, and was followed by Alphonsus Salmeron, Paschasius Broet and Francis Zapata; and the observing Reader will easily perceive the dismal and horrible Effects of that Mission, which hath ever since imbroiled Ireland, even to this Day. But the King to obviate the Designs of the Papacy, and to assert his own Supremacy, which was his Right by Common Law, and was also declared and established by Act of Parliament, caused all the Irish that submitted to him, to renounce the Pope's Usurpations, and to own the King's Supremacy by Indenture, O Connor and O Dwyn or Din, were two of the first that complied with this Form; and their Example was followed by O Donel; who by his Indenture (of the sixth of August, Lib. D. 33 Hen. 8) Covenants, Quod renunciabit, relinquet & adnihilabit proposse suo usurpatam Authoritatem & Primaciam Romani Ponti●icis, sibi adherentes nullo modo acceptabit proteget aut defendet; nec in patria sua illos aut aliquem illorum permittet, sed omni industria & diligentia illos & quemlibet illorum expellet, ejiciet & eradicabit, aut ad subjectionem dicti Domini Regis & successorum suorum coercebit & constringet: Brian mac Mahon did the like the fourteenth of August: And in January O Neal came to Minooth, and did the same: the thirteenth of May O More perfected his Indenture: And on the twenty fourth of May, 1542. 34 H. 8. Hugh O Kelly, Abbot of Knockmoy, surrendered that Abbey, and made his submission by Indenture in the Form aforesaid; Moreover he covenanted to furnish the King with sixty Horse, and a Battle of Galloglasses and sixty Kern, when the Lord Deputy comes to Connaught, and with twelve Horse and twenty four Kern, anywhere out of Connaught, and so that Abbey was granted to him during Pleasure. O Rourk submitted the first of September; and Mac Donel and Mac William did the like the eighteenth of May 1543. But because all these Indentures are to be found registered in the Red Book of the Privy Council of Ireland, I will trouble the Reader only with the Substance of one of these Indentures, by which he may easily guests at the rest. HAec Indent. Lib. D. fact. 26. die Septembris, 34 Hen. 8. inter prenobil, Vir. Ant. Saintleger, Jacobum Comit. Desmoniae Will. Brabazon Arm, thesaur. ad Guerras & Subthesaur. Reg. Hiberniae, Johannem Travers Armig. magistr. ordinatium, & Osborn. Echingham milit. mariscallum, etc. ex una parte, & Dom. Barry, alias Great Barry, Mac Cartymore, Dom. de Rupe, alias Lord Roch, Mac Carthy Reagh, Thadeum Mac Cormock Dom. de Mus●ry, Barry Oge, alias the young Barry, O Sullevan Bear. suae Nation. Capit. Donald. O Sullevan suae Nation. Primum, Barry zoe, alias the Red Barry, Mac Donough de Allow suae Nation. Capit. Donaldum O Callaghane Nationis suae primum, & Geraldum filium Johannis milit. ex altera parte, Testatur, Quod predict. Dominus Barry, etc. conveniunt, concedunt, consentiunt, & pangunt pro seipsis conjunctim & divisim, haered. successor. assignat. Tenent. & sequacibus suis, ad & cum dicto Deputat. etc. quod tenebunt & perimplebunt omnes & singul. Articulos, conventiones, pacta & condiciones quae in hiis Indentur. continentur ex parte eorum, etc. Imprimis, Ipsi & quilibet eor. recognoscit Regiam Majestat. predict. haeredes & successores suos (Reges) esse Naturalem & ligeum Dom. suum illumque & illos secundos post Deum honorabunt illisque obedient & servient contra omnes creaturas mundi. Ac suam Majestatem haeredes & successores (Reges) acceptabunt & & tenebunt immediate sub Christo in terris Ecclesiae Anglicanae & Hibernicanae supremum Caput, illius & illor. locum tenent. Deput. & vicem gerent. in hoc Regno Hiberniae obedient & inservient in omnibus servitium suae Majestatis haered. & successor. (Regum) concernentibus. Et quantum in illis conjunctim divisim aut assignat. illor. est vel fuit, usurpator. primaciam & authoritatem Romani Episcopi, adnihillabunt omnesque suos Fautores, Adjutores & Suffragatores ad sum. posse illor precipitabunt & abolebunt, atque personas spiritual. & temporal. quae promoventur ad ecclesiastica beneficia sive dignitat. per Regiam Majestatem seu alios de jure patronos (tantum absque aliqua provisione fienda & dicto Episc. Rom.) manutenebunt supportabunt & defendant, & ex hinc omnes & singules Provisores & alia Rom. pro promotione petentes & confugientes apprehendent & producent ad Reg. common. legem ib. judiciari & rectari secundum statut. & ordination. pro similibus casibus facta & fienda. The Second Covenant is, To submit all their Controversies to the Determination of the Bishops of Waterford, Cork and Ross, the Mayors of Cork and Youghal, Suffrain of Kingsale, Philip Roch Esq William Walsh Esq the Dean of Cloyne, or any three of them, quorum Desmond to be one; and the like is in other Provinces, mutatis mutandis. The Third is, About their future Controversies, to be decided by the Earl and the said Bishops or two of them, quorum Desmond to be one, and they may fine or amerce Wrong-doers; of which Fine the King shall have one third, and the Judges the rest. The Fourth is, That if the Case be too difficult for the Commissioners, it shall be determined by Justices of Assize, and no Force shall be used nor Peace broken, on Pain of a Fine. The Fifth is, That they shall help and defend the Collectors of the King's Revenue. The Sixth is, To obey the Ordinances made by the Nobility, and annexed to the Indenture (which probably were the Ordinances already mentioned). The Seventh Article is, That if any of their Followers break the Peace, they will prosecute and pursue him till he make amends. And the Eighth is, That they will not exact any Black Rents for the future from the Inhabitants of Cork, Youghal or Kingsale. And it seems that about this time Commissioners were appointed in every Province, to decide the Controversies instead of Brehons', viz. in Connaught, the Bishops of Tuam and Clonfert, and the Captains Wakely and Ovington, in Munster the Bishops of Cork and Waterford, and the Mayors of Cork and Youghal, and in Ulster the Archbishop of Armagh and Lord of Louth. And it is to be noted, Davis, 215. That these Submissions were so universally made, all over the Kingdom, that there was not a Lord or Chieftain of any note in Ireland but submitted in this or the like Form, for they made no scruple to renounce the Pope, when once they had resolved to obey the King: And by these Means the Kingdom was so quiet, and there was so great a Prospect of a Settlement, that several of the Principal Lords of the Irish took Patents for their Estates, and desired Titles of Honour, according to the Law of England, which hitherto they had despised: But, alas, Ireland is an unfortunate Country, that cannot be happy any considerable time, and notwithstanding these dawnings of Felicity, it must expect nothing but War and Desolation; and this fourth general Submission of the Irish will be as vain and ineffectual as the other three, and will manifest to the World, That that Kingdom is not to be governed by Kindness but by Force: But let us not anticipate our Misery by dreadful Prognostications of War, but rather inquire into the management of Affairs, during the short interval of Peace. And first, we shall find the great O Neal, in September, sailing toward England, accompanied with the Bishop of Clogher, and attended with many Gentlemen, his Followers: He came to the King at Greenwich, where he was well received; and having surrendered his Estate to the King and covenanted, 1. To renounce the Name of O Neal. 2. That he he and his Followers should use English Habit, Language and Manners. 3. That their Children should learn English. 4. That they should build Houses and husband their Land in English manner. 5. That they should obey English Laws, and not Cess their Tenants, nor keep more Gallowglasses than the Lord Deputy allows. And, 6. That they should answer all general Hostings, as those of the Pale do, and shall not secure any of the King's Enemies. On the first of October, his Estate was regranted to him by Patent, and he was created Earl of Tyrone for Life, with remainder to his Son Matthew (who for the present was made Baron of Dunganon) in tail, and two of his Followers (Denis and Art Mac Genis) were knighted, and the Bishop of Clogher was confirmed; and the Earl after his return, was on the seventh Day of May sworn one of the Privy Council of Ireland. In like manner the Earl of Desmond, pursuant to his Promise, repaired into England, where he was graciously received; and having made his Submission, he returned, with Orders likewise to be of the Privy Council. In the mean time the Lord Deputy, on the twenty fourth Day of May made an Order of Agreement between the Macgenis'; and did the like between the O Carols, on the second of July: And on the fourth of July the O Birnes did submit by Indenture, and granted the Town and Castle of Wicklow to the King; and also surrendered to his Majesty the Castle of Mac Eningham, and all spiritual Live in their Possession: Lib. D. They also covenanted to find one hundred and twenty Gallowglasses and their Servants for three Months, when the Counties of Carlow and Kildare do so, and twelve Horse and twenty four Foot at every Hosting, and to raise their whole Force, and keep them three days on any emergency: And it is allowed by the Deputy, that O Birn shall have twenty four Kerns, called Kerne Tee, for this year, at the Charge of the Country, as is usual; wherewith he promises to aid the Sheriff; and if O Birn misbehave himself, the Lord Deputy may give the Kerns next year to whom he pleases: And 'tis agreed, That no body shall keep Idlers but in his own House; and concludes, Quod si posthac ad morem Hibernicorum resilierit, vel cum Hibernicis & aliis susurraverit, confederaverit, vel consentierit impedire vel obstare Reformationi Hiberniae, quam Dominus Rex intendit, that then they will forfeit all. And it seems, that at the same time they proposed to have their Country made a County, Davis, 104. by the Name of the County of Wicklow; and that in consideration thereof, they would divide it into eight Plow-Lands, and pay ten Groats per annum, for ever to the King out of each Plow-Land. On the 19th of November, Thomas Butler was made Baron of Cahir, and in the beginning of the next year Maurice O Bryan, 1534. and Vlick Burk, induced by the Example and Success of the Earl of Tyrone, went to wait upon the King in England,; and having made their Submissions, and surrendered their Estates, O Brian obtained a Grant of all his Lands in Thomond, and all the Abbeys and Patronage of Benefices in the King's Gift within his Precincts, to him and his Heirs Males; and he was made Baron of Insiquine, to him and his Heirs, and Created Earl of Thomond for Life, with a remainder to Donough O Bryan and his Heirs for ever; who, for the present was made Baron of Ibracane, (but whether this Donough were Nephew or Natural Son of the Earl's, is not very plain.) This Lord of Ibrahcan had also an Annuity of twenty Pounds per annum granted to him in Tail, and the Abbey of Insula Canonicorum, and half the Abbey of Clare; and the King bore the Earl of Thomond's Charges, and gave him an Order to be of the Privy Council. As for Vlick Burk, he had likewise his Charges born, and was Created Earl of Clanrickard, and his Estate was regranted to him, and the Abbeys and Patronage of all Benefices within his Precincts: The Cocquets of Galway were excepted in the Patent, but in lieu of them, the Earl had a Pension of thirty Pound per annum, and the third part of the First-Fruits, and the Abbey of Via Nova or Confert. And about the same time, the Lord of Upper Ossory obtained a Grant for Fairs and Markets, and the House of the Friars at Haghevo, and the Monastery of Hackmacart, and to each of these four Noblemen, Davis, 219. viz. the Earls of Desmond, Tyrone, Thomond and Clanrickard, the King gave a House and a Parcel of Land near Dublin, to encourage them to make their Appearance frequently at Court. And it is to be noted, Council Book of Ireland, fol. 73. That many times the chief Governors of Ireland, instead of Rise out and Carriages to a general Hosting, did coss the Country, or tax it to find so much Money as would maintain a certain number of men three Months, and accordingly, in July this Year, the Counties of Kilkenny, Waterford, Typerary and Wexford were ordered to levy Maintenance for two hundred and forty Kerns for three Months; which came to no more than two hundred and four Pounds, thirteen Shillings and four Pence; whereby one may perceive that the Tax was easy enough, but the Grievance was in the irregular Assessments, and the oppressive manner of levying it. The French King, by his Ambassador Theobald de Boys, tempted O Donel with Offers of Money and Arms, to make an Insurrection, but he could do little of himself, and it was too soon to seduce others, after such solemn and formal Submissions so lately made; and so that Negotiation had little or no effect; but in February the Lord Deputy was recalled, to give the King an Account of his Administration of Affairs in Ireland; and Sir William Brabazon was sworn Lord Justice in his stead; Ware, 168. his Patent bears date the twelfth of October, 35 Hen. 8. To this Lord Justice new Seals were sent, because of the Alteration of the King's Style, from LORD, to KING of Ireland, and the old Seals were sent back to England. The Lord Justice, 1544. by the King's Orders, sent him seven hundred Men to Calais, under the Command of the Captains Poer, Finglass and Skurlock; they were very serviceable to the King at Bulloign, and did much Mischief to the French; for being light of foot, Holingshead, 103. they would often range twenty or thirty Mile into the Country, and as they returned, would burn and spoil wherever they came: They had a pretty Trick to get a Prey; which was to tie a Bull to a Stake, and set fire about him, and as the Fire scorched him, the Bull would bellow, and thereupon, all the cattle within hearing, of him, would flock that way, and so were taken. These Irishmen would never give Quarter, and therefore, whensoever the Frenchmen took any of them, they gelded them, and otherwise tormented them exceedingly. After the Surrender of Bulloign, a large Frenchman on the other side of the Haven, braved and defied the English Army; whereupon, one Nicholas Walsh did swim over the River, and cut off the Frenchman's Head, and brought it back over the River in his Mouth; for which bold Action he was bountifully rewarded. Sir Anthony Saintleger, June 11. 1544. being for his good Services made Knight of the Garter, returned Lord Deputy, and found the Kingdom quiet; and he made it his Business to keep it so: which he effectually accomplished, by imprisoning two or three turbulent People, and by taking Indentures and Hostages from those he suspected. And this Lord Deputy knowing it was the only way to keep the Kingdom in peace, Lib. D. made it his Business to break the Dependencies of the Irish, and to that end, upon all References to him, he took care that the weaker Party might depend on the Government for Protection, and that he should not rely upon, nor be under the Subjection of any other; and particularly, on the fourteenth of July, he made an Award, or final Order between the Earl of Tyrone and O Donel; whereby O Donel was freed from depending on O Neal, any farther than that he still continued obliged to pay a yearly Rent of sixty Beefs to O Neal, for the Island of Inisowen; and it so happened that the very next year O Neal invaded Tyrconel, because that Rent was not paid; whereupon, there was another Reference to the Government, and a new Peace was made between them, Aug. 24, 1546. In the mean time, the Earl of Lenox, 1545. who fled out of Scotland, was kindly received by King Henry, and married his Niece, was by the King sent into Ireland, to levy an Army, to recover his Inheritance in Scotland; he came to the Deputy at Kilmainham, where he lived, and being effectually recommended by the King, he was so kindly received, and his Business so hearty followed, that by the middle of November, he had raised fifteen hundred Men, under the Command of Sir John Travers Master of the Ordnance; to whom the Earl of Ormond joined as many of his own Followers, and was himself General of the Army: They set Sail for Scotland in twenty eight Ships; but the Levity of their Confederates in Scotland, or the Power of Duke Hamilton, disappointed this Design; for not being able to gain Dunbritton-Castle, which was promised to be delivered up to them, and finding a potent Army ready to encounter them, instead of Friends, which they expected to embrace them, and being shattered by a violent Storm, the Irish were necessitated to return home re infecta. In the mean time, Lib. D. on the Nineteenth of October, died Vlick Earl of Clanrickard, whereupon a great Contest arose between his Sons about the Title and Inheritance, because the Earl's first Wife, Grany O Carol (Mother of the Earl's Eldest Son, Richard Burk) had been formerly married to O Mlaghlin, who was still living, and undivorced, as was alleged, and she being still alive, the Earl married Honora Burk, and was afterwards divorced from her, and married Mary Linch, Mother of John Burk, Grany the first Wife being still living: But the Earl of Ormond and other Commissioners (sent by the Lord Deputy and Council to settle this Affair) soon determined the Matter, and finding that the pretended Marriage with O Mlaghlin, could not be proved▪ they adjudged Grany to be the Earl's true Wife, and placed her Son Richard Burk in the Earldom and Estate of his Father, according to the Law of England; and because he was under Age, they made Vlick Burk Captain of the Country, during his good Behaviour, and the Minority of the Earl. But now the Spirit of Rebellion had again seized the Irish, Melvin's Memoirs, 8, 9 and O Neal, O Donel, O Dogharty, and one Callock, had made some Overtures to the French King, about assistance to manage an Insurrection; and they proposed to him, to become his Subjects, and to shake off the Yoke of England, provided he would procure the Pope's Gift of Ireland, and send two thousand Harquebuses, two hundred Light Horsemen, and four Canon, to their assistance: The French King thought the Offer so considerable, that he sent over John de Monlucke, Bishop of Valence, his Ambassador to Ireland, to learn the Truth of their Circumstances, and to certify the King what probability there was of Success, if he should engage in that Affair. The Bishop arrived at Loghfoyle on Shrove-tuesday, and the next day was by O Dogharty carried to his House, which was a great dark Tower; there the Bishop found bad Entertainment, and was forced to be contented with Herrings, and Biscuit, and such like Lenten Fare, which was the best the House afforded. The Bishop had a Month's Mind to O Dogharty's Daughter, which two English Friars observing, to prevent any Abuse of the Damsel, they procured as good a Bed-fellow for the Ambassador, though she was of meaner Quality, this Liquorish Harlot unfortunately met with a small Bottle of choice Balm, valued at two thousand Crowns, which was given to the Bishop (by Solyman the Magnificent) when he was Ambassador in Turkey, she was invited by its Odour to try its Relish, and it seems liked it so well, that she licked it all out; whereat the Bishop grew so outrageous and loud, that he discovered his Debauchery, frighted the Woman away, and made sport for the Irishmen and his own Servants. After this, the Bishop met with O Neal, and the Titular Primate (Robert Wachop) in a secret place, and heard the Over●ures of them and their Confederates; and it is not to be doubted, but they came to an Agreement, because the Bishop soon after went to Rome, but being unable to separate the Pope from the Interests of the Emperor, this Negotiation had no effect. In the mean time, two of the Cavenaghs, viz. Cahir Mac Art, of Polmonty, and Girald Mac Cahir, of Garochil, had fierce Contests about their Territory; at length it came to a Battle, as it were by consent, and about an hundred on each side were slain; but Cahir Mac Art had the better of it, and finally obtained that Signiory. But the Exchequer being empty, the Lord Deputy designed to levy a Tax upon the People, but the Earl of Ormond would by no means suffer that; 〈…〉 whereupon the difference grew so high between him and the Lord Deputy, that at last it came to mutual Impeachments; whereupon, both of them were sent for to England, and by the King's Mediation were reconciled, whilst the ambodexter Allen was imprisoned in the Fleet, and deprived of the Great Seal, and Sir Thomas Cusack was made Lord Keeper; and not long after, viz. about the twenty eighth day of October, the Earl of Ormond, and thirty five of his Servants were poisoned at a Feast at Ely-House in Holborn, so that he and sixteen of them died; but whether this happened by Accident or Mistake, or were done designedly, could not be discovered. Sir William Brabazon was sworn Lord Justice on the first of April, 1546. although his Patent bore Date the sixteenth of February: Ware, 174. In his time happened a strange and unnatural Action; for Bryan, Lord of Upper Ossory, sent his own Son Teige Prisoner to Dublin, where he was executed; and in July, Patrick O More and Bryan O Connor with joint Forces invaded the County of Kildare, and burned Athy; but the Lord Justice immediately pursued them, and leaving a Garrison at Athy, he marched into Offaly, and made a Fort at Dingen (now Philipstown) and forced O Connor to fly into Connaught. But the Necessities of the State obliged the King to Coin Brass or mixed Moneys, and to make it currant in Ireland by Proclamation, to the great dissatisfaction of all the People, especially the Soldiers, and about the same time Edward Bassinet, Dean of St. Patrick's in Dublin, and the Chapter, after some Reluctancy, surrendered their Possessions to the King. Three Things are observable in the Letters during this King's Reign. 1. None of them do mention either the Year of our Lord, or the Year of the King's Reign; though all of them do take notice of the Day of the Month, whereby this Part of the History was so perplexed and confused, that I will not promise that I have always guessed the time aright, though I have used my utmost diligence and endeavours to do so. 2. All the Letters of this Reign conclude thus, So knoweth God, to whom we pray for your Graccs Prosperity; or to that effect; but these Words (So knoweth God) are always in; although in the subsequent Words, there is some Variation, according to the Fancy of the Writer. 3. Most of the Letters from the great Irish Lords (even some of English Extraction) are subscribed with a Mark, very few of thembeing able to write their Names. Sir Anthony Saintleger, Lord Deputy, returned on the sixteenth day of December, with Sir Richard Read, who was made Lord Chancellor in the room of Cusack; and Cusack was made Master of the Rolls. And thus stood the Government of Ireland, during the Reign of King Henry the Eighth, who Died on the twenty eighth day of January, in the thirty eighth Year of his Reign, and of his Age, the fifty sixth. THE REIGN OF EDWARD VI KING OF England, France, AND IRELAND. EDWARD, 1546. the Sixth of that Name since the Norman Conquest, was born at Hampton Court on the twelfth Day of October, 1537. and succeeded his Father, in the tenth Year of his Age, on the twenty eighth Day of January, 1546. and on the first of February Edward Seymour (who was the King's Uncle by the Mother) was made Protector of the King and Kingdoms, and was afterwards created Duke of Somerset, and on the twentieth Day of February the King was crowned at Westminster with great Solemnity. Sir Anthony Saintleger continued in the Government of Ireland, Ware, 177. at first by the name of Lord Justice, and afterwards by the Title of Lord Deputy, and he proclaimed the new King on the twenty sixth Day of February; 1547. and not long after Sir Richard Read was made first Lord Keeper, and afterwards Lord Chancellor; and the Earl of Desmond was constituted Lord Treasurer of Ireland on the twenty ninth Day of March; and on the seventh Day of April the Privy Council was sworn, viz. Sir Richard Read, Chancellor, George Archbishop of Dublin, Edward Bishop of Meath, Sir William Brabazon Vice-Treasurer, Sir Girald Ailmer Lord Chief Justice of the King's Bench, Sir Thomas Luttrel Lord Chief Justice of the Common Pleas, James Bath Esq Lord chief Baron of the Exchequer, Sir Thomas Cusack Master of the Rolls, and Thomas Houth Esq one of the Judges of the King's Bench; to whom afterwards others were added. But the O Birnes took advantage of the Change of the Government, and hoping that the Infancy of the King would occasion Disturbances in the State, they began to be very unruly and troublesome; insomuch that the Lord Deputy was necessitated to invade their Country; he pursued them so close, that he slew their Captain, and drove themselves into the Woods and Fastnesses: He also took two of the Fitzgiralds, who had formerly been Proscribed; and now joined with O Toole, and he brought them and other Prisoners to Dublin, where they were executed. Nor were Patrick O More and Brian O Connor, less forward than the rest, but briskly invaded the County of Kildare, and loaded themselves with Prey and Plunder; but the Lord Deputy came seasonably to intercept them, and having killed two hundred of the Rebels upon the Place, the rest of them, with their lightfooted Captains, fairly ran away. But the Government of England wisely considering the fickle Inclinations of the Irish, and the danger of a general Defection of that Nation from a Protestant King, seasonably provided for that Kingdom; so that Edward Bellingham, with the Title of Captain General brought over six hundred Horse and four hundred Foot, whose Pay came to twelve hundred and twenty six Pound per Month, viz seven hundred and seventy Pound for the Horse, and four hundred fifty six Pound for the Foot: and about Midsummer they landed at Waterford, and being joined by the Lord Deputy, they invaded the Countries of Leix and Offaly, and proclaimed O More and O Connor Traitors, and having dispersed the Forces of the Rebels, the Lord Deputy repaired the Fort of Dingen, and built the Fort of Campaum alias Prolector (now called Maryburgh); whereupon O More and O connor were forced to submit, and Bellingham was knighted and made Marshal of Ireland. The Castle of Athloan was likewise repaired and garrisoned, by Special Orders from England, and the Vice-Treasurer Brabazon had the Care and management thereof, and performed it effectually, in spite of the great Opposition he met with from Dominick O Kelly and other Great Men of Connaught: And this auspicious Year did also produce the mighty Victory which the English obtained over the Scots at Mussleburgh. But as the Reformation proceeded in England, 1538. so the Popish Zeal and Superstition increased in Ireland, Ware, 180. and the Pale itself began to be disturbed with it, for Richard Fitz-Eustace and Alexander his Brother, Sons of the Viscount Baltinglass, were busy forming a Rebellion in the County of Kildare; but the Presence of the Lord Deputy (without Blows) brought them to a Submissiom, and stifled this Infant Conspiracy in the Cradle; and it was well it did; for this rebellious Distemper was very infectious, and in a little time would have spread over the whole Kingdom; the Lord of Baltinglass himself was a little tainted with it, but by the means of Sir Edward Bellingham (when Lord Deputy) the Viscount was pardoned. In the mean time the Lord Deputy (Saintleger) was sent for to England; and carried with him O More and O Connor, as Prisoners; but upon their Submission they were received into Favour, and honoured with a Pension of one hundred Pound per annum out of the Exchequer, during their Lives, which O More enjoyed not very long, for he died within the Year, suddenly, at London. Sir Edward Bellingham, who had been sent into England, with an Account of the Submission of the County of Kildare, was now sent back Lord Deputy; he landed at Dalkye on Whitson-Eve, and two Days after he received the Sword at Christ-Church, according to Custom: He was a Zealous Protestant, and a brave Soldier; and by his means Sir John Allen was again made Lord Chancellor. As soon as he was settled, Davis, 62. he marched into Leix and Offaly against Cahir O Connor and others, that were brewing new Treasons there, and forced them to submit; and brought the Country to that degree of Subjection, that he is said to be the first Man since Edward the third's time that enlarged the English Borders beyond the Pale; and from Offaly the Lord Deputy marched to Delvin, against Mac Coughlan, whose Country he totally destroyed. The Lord Deputy had express Orders to set up a Mint at Dublin, which he did, but it continued but a very little time for want of Bullion. And this Year, on the twenty second Day of April the City of Dublin (which at first was governed by a Provost, and by King Henry the Third subjected to a Mayor and Bailiffs, and by Henry the Fourth was honoured with a Sword) obtained their Bailiffs to be changed into Sheriffs, and John Rians and Robert Eyons were the first two Sheriffs that were chosen or appointed for that City. In the mean time Sir Francis Bryan who had married the Countess Dowager of Ormond, and was made Marshal of Ireland, and Governor of the Counties of Typerary and Kilkenny, could by no means agree with the Lord Deputy; their Differences grew at length to that height, that Sir Francis impeached the Lord Deputy in England, and prevailed to have him sent for, to answer the Accusation. But whilst that affair was transacting, Ware, 182. Teige O Carol plied his own Business diligently, and after a stout Defence, he took and demolished the strong Castle of Nenagh, and drove the English out of that Country. In Ulster, Manus O Donel quarrelled with his Son Calvagh, and at length it came to Blows; so that on the seventh Day of February, Calvagh was routed, and Manus, Mac Donough O Cahan and many of his Followers were slain In the Lower Delvin, Teige Mac Mlaghlin and Edmond Fahy, with their united Forces, did all the Mischief they could, and almost totally destroyed that part of Mac Coughlans Country: Nevertheless, the Lord Deputy sent an Irish Brigade, under the command of Donough O Conner, accompanied with the Sons of Cahir O Connor, to aid the King in his War against Scotland. On the eighteenth of November, Cormock Roe O Connor, who was proclaimed Traitor, came to Dublin, and with Tears in his Eyes begged Pardon of the Lord Deputy and Council in Christ-Church; and had it: But being of a turbulent Spirit, he soon after relapsed into Rebellion, and being taken by the Earl of Clanrickard, he was sent to Dublin and hanged, so true is that Observation of Caesar Williamsons, Nec gentem ullam reperies Cui peccare & slere magis naturale est. It is worthy Observation, Holingsh. 109. That though the Earl of Desmond for his Quality and vast Estate was made Lord High Treasurer, yet he was not of the Privy Council, nor indeed qualified to be so, for he was Rude and Savage both in Apparel and Behaviour; he had neither Learning nor Manners, but lived after a barbarous fashion in the Country, among the Wild-Irish, and perhaps had not so much as a Glass-Window to his Houses, and yet he was the best landed Subject in the King's Dominions. About Christmas the Deputy sent for him to Dublin, but he refusing, the Lord Deputy himself, with about twenty Horse, made that haste to Munster, that he took the Earl sitting by the Fire in his own House, not at all suspecting that Expedition: And it was well for him that he was so surprised, for he was not only brought to Dublin, and instructed in his Duty to his Prince, and in good Manners and Civility towards his Fellow-Subjects, but was also (by the Lord Deputy's means) pardoned and restored to the King's Favour, so that he continued a good Subject ever afterwards during his Life; and was so grateful to his Benefactor the Lord Deputy, that he would pray for him constantly after every Meal. And now it happened, that the Earl of Tyrone, Macguire, Fylemy Roe O Neal, 1549. and others, referred all their Differences to the Lord Deputy and Council; who, on the twentieth day of June made their Decree, wisely ordering Independency on O Neal. Therere are Copies of all these Decrees at Lambeth, Lib. D. And they are to the same effect as that of Macguire's, viz. Quod erit liber, Ware, 184. & exemptus ab omni subjectione aut servitio dicto Comiti (Tyrone) suisque Haeredibus impendendo, ac immediate parebit & obediet Domino Regi, & sub ejus pace & defension perpetuo remaenebit, suaeque Celsitudini de tempore in tempus solvet Bonagium (Bonnaught) & caetera▪ omnia Debita, quoties ad id per Dominum Deputatum & Concilium requisitus & rogatus fuerit, etc. And on the eighteenth of July, the like Order was made between O Donel and his Sons, and several Proprietors, of Tyrconel, and O Donel's Authority was limited, and both Parties were obliged to obey the Order, on pain of forfeiting all their Estate. And about the same time, Brian Mac Mahon and Hugh Oge made their Submissions at Kilmainham, and were pardoned the five hundred Marks they had forfeited by breach of their former Articles. Lib. D. In the mean time, the Scotch Islanders sent some Forces to the assistance of the Irish in Ulster; but Andrew Brereton, with five and thirty Horse, met with two hundred of them, and defeated them with great slaughter, and by his good Conduct quieted Ulster, and was therefore made General or Governor thereof. But the Lord Deputy being recalled, took Shipping at Houth, on the 16th day of December, and being offered Testimonials of his good Government from the Council, he modestly refused, saying, That if his Innocence would not defend him, he would use no other Remedy than his Belief of the Resurrection of the Dead. He was certainly a brave Man, and an excellent Governor, and would have been sent back with Honour, if his Infirmities (whereof he died the next year) had not prevented it. Sir Francis Bryan, 1549. Lord Justice, was chosen by the Council on the twenty 7th day of Decemb and sworn at Christ-Church in Dublin on the 29th; but he enjoyed this Honour but a little while; for the County of Typerary being infested by O Carol, the Lord Justice made a Journey thither (in favour of the young Earl of Ormond, who was but twelve years old) to protect the Country, and on the second of February died at Clonmel; whereupon, Sir William Brabazon Lord Justice, was elected by the Council; he committed the Government of the County of Typerary to Edmond Butler Archbishop of Cashel, and made a Journey to Limerick, where Teig O Carol submitted, and entered into Covenants of paying a yearly Tribute into the Exchequer, and of serving the King with a certain number of Horse and Foot at his own charge, and of renouncing his Pretences to the Barony of Ormond; (and afterwards the same Teig O Carol surrendered to the King his Country of Ely O Carol, containing ninety three Plow-Lands and a half; and the King re-granted the same to him, and Created him Baron of Ely) and by O Carol's means, Mac Morough, O Kelly and O Mlaghlin were now taken into Protection, and Pardoned; and by the Lord Deputy's Mediation, the Earls of Desmond and Thomond (who were wrangling about Bounds, and the protection of each others Tories or Outlaws) were reconciled on the eleventh of March, Lib. D. and about the same time Dermond O Sullevan, a great man in the County of Cork, was, together with his Castle or dwellinghouse, accidentally blown up by Gunpowder, and his Brother Amalfus, who succeeded him, was likewise not long after killed. But Bulloign being restored to the French on the twenty-fifth day of April, 1550. the King was thereby enabled to send eight thousand Pound of the Money received there, and four hundred men of that Garrison into Ireland; which he did: And thereby the Lord Justice was put into a Condition of pursuing Charles Mac Art Cavenagh, Ware, 188. who was again in Rebellion, and was proclaimed Traitor, and the Lord Justice acquitted himself so well in that Matter, August. that he killed many of Cave-nagh's Followers, and burned the Country. But the French King hearing that the English marched an Army into Scotland, looked upon that Assault of his Ally, as a Breach of the Peace with him, and therefore sent an hundred and sixty small Vessels with Ammunition and Corn, to assist the Scots; it happened that sixteen of them were shipwrackt on the Coast of Ireland; however, the King of England, to obviate any Designs the French might have against his Dominions, set forth a Fleet of twenty Ships and Pinnaces, under the Lord Cobham, which guarded two Harbours, on the South, and one in the North toward Scotland. On the twenty third of October, Richard Butler, second Son of Pierce Earl of Ormond, was Created Viscount Mountgarret; and a little before that, viz. on the tenth of September, Sir Anthony Saintleger, Ware, 190. Lord Deputy, returned to Ireland, and Sir Thomas Cusack was made Lord Chancellor: To this Deputy Mac Carty submitted in humble Manner, and was pardoned; and it seems that this Lord Deputy had Orders to call a Parliament; but I do not find that there was any in Ireland during this King's Reign. On the fourth of November, Charles Mac Art Cavenagh made his Submission to the Lord Deputy at Dublin, in presence of the Earls of Desmond, Thomond, Clanrickard and Tyrone, the Lords Mountgarret, Dunboyn, Cahir and Ibracan, and renounced the Name of Mac Morough, and parted with some of his usurped Jurisdiction and Estate. But let us cast an eye on the Affairs of the Church, and we shall find that the Reformation made but small progress in Ireland, since the same year produced Bishops of each sort; for on the tenth of May, Arthur Macgenis was, by provision of the Pope, constituted Bishop of Dromore, and confirmed therein by the King, and Thomas Lancaster, a Protestant, was on the third day of September, made Bishop of Kildare. However, Bish. Brown's Life, 13. on the sixth of February, the King sent the following Order for the Liturgy of the Church of England to be read in Ireland in the English Tongue. EDWARD, by the Grace of God, etc. Whereas our Gracious Father, King Henry the Eighth, of happy Memory, taking into consideration the bondage and heavy yoke that his true and faithful Subjects sustained under the Jurisdiction of the Bishop of Rome, as also the Ignorance the Commonalty were in, how several fabulous Stories and lying Wonders misled our Subjects in both our Realms of England and Ireland, grasping thereby the Means thereof into their hands, also dispensing with the Sins of our Nations by their Indulgences and Pardons for Gain, purposely to cherish all ill Vices, as Robberies, Rebellions, Thefts, Whoredoms, Blasphemy, Idolatry, etc. He our Gracious Father King Henry of happy Memory, hereupon dissolved all Priories, Monasteries, Abbeys, and other pretended Religious Houses, as being but Nurseries for Vice and Luxury, more than for Sacred Learning; Therefore, that it might more plainly appear to the World, that those Orders had kept the Light of the Gospel from his People, he thought it most fit and convenient, for the preservation of their Souls and Bodies, that the Holy Scriptures should be Translated, Printed and Placed in all Parish-Churches within his Dominions, for his faithful Subjects, to increase their Knowledge of God and of our Saviour Jesus Christ. We therefore, for the general Benefit of our well beloved Subject's Understandings, whenever assembled or met together in the said several Parish-Churches, either to Pray or hear Prayers read, that they may the better join therein in Unity, Hearts and Voice, have caused the Liturgy and Prayers of the Church to be Translated into our Mother-Tongue of this Realm of England, according to the Assembly of Divines lately met within the same for that purpose. We therefore Will and Command, as also Authorise you, Sir Anthony Saint-Leger, Knight, our Viceroy of that our Kingdom of Ireland, to give special Notice to all our Clergy, as well Arch-Bishops, Bishops, Deans, Arch-Deacons, as others our Secular Parish-Priests within that our said Kingdom of Ireland, to perfect, execute and obey this our Royal Will and Pleasure accordingly. But before Proclamations were issued out, Sir Anthony Saint-Leger, upon receipt of this Order, called an Assembly of the Archbishops and Bishops, together with the then Clergy of Ireland, in which Assembly he signified to them, as well his Majesty's Order aforesaid, as also the Opinions of those Bishops and Clergy of England, who had adhered unto the Order, saying, That it was his Majesty's Will and Pleasure, consenting unto their serious Considerations and Opinions, then acted and agreed on in England, as to Ecclesiastical Matters, that the same be in Ireland so likewise celebrated and performed. Sir Anthony Saint-Leger having spoken to this effect, George Dowdal, who succeeded George Cromer in the Primacy of Armagh, stood up, and (through his Romish Zeal to the Pope) laboured with all his power and force to oppose the Liturgy of the Church, that it might not be read or sung in the Church; saying, Then shall every illiterate Fellow read Service (or Mass) as he in those Days termed the Word Service. To this Saying of the Archbishop's, Sir Anthony replied, No, your Grace is mistaken; for we have too many illiterate Priests amongst us already, who neither can pronounce the Latin, nor know what it means, no more than the Common People that hear them; but when the People hear the Liturgy in English, they and the Priest will then understand what they pray for. Upon this Reply, George Dowdal bid Sir Anthony beware of the Clergy's Curse. Sir Anthony made Answer, I fear no strange Curse, so long as I have the Blessing of that Church which I believe to be the true one. The Archbishop again said, Can there be a truer Church than the Church of St. Peter, the Mother Church of Rome? Sir Anthony returned this Answer, I thought we had all been of the Church of Christ; for he calls all true Believers in him, his Church, and himself the Head thereof. The Archbishop replied, And is not St. Peter's Church the Church of Christ? Sir Anthony returned this Answer, St. Peter was a Memher of Christ's Church; but the Church was not St. Peter's, neither was St. Peter, but Christ the Head thereof. Then George Dowdal the Primate of Armagh, risen up, and several of the Suffragan Bishops under his Jurisdiction, saving only Edward Staples, than Bishop of Meath, who tarried with the rest of the Clergy, then assembled on the Kalends of March, 1550. Sir Anthony then took up the Order, and held it forth to George Brown Archbishop of Dublin; who (standing up) received it; saying, This Order, good Brethren, is from our Gracious King, and from the rest of our Brethren, the Fathers and Clergy of England, who have consulted herein, and compared the Holy Scriptures with what they have done; unto whom I submit, as Jesus did to Caesar, in all things just and lawful, making no question why or wherefore? as we own him our true and lawful King. And it seems that on Easter-Sunday, the Liturgy in the English Tongue, was read in Christ-Curch, according to the King's Order, and the Archbishop Brown Preached an excellent Sermon on these Words, Open mine Eyes, that I may see the Wonders of thy Law, Psal. 119. ver. 18. But whether the Lord Deputy were not zealous in propagating the Reformation, or what other Differences there were between him and the Archbishop, I cannot find; but it is certain the Archbishop sent Complaints against him into England, Ware, 190. and thereupon, he was recalled, and Sir James Crofts was made Lord Deputy by Patent, 1551. Dated the twenty ninth day of April, and the Instructions to him and the Council, were, 1. To propagate the Worship of God in the English Tongue, and the Service to be translated into Irish to those places which need it. 2. To prevent the Sale of Bells, church-good, Chantry-Lands, etc. and to Inventory them. 3. To execute the Laws justly, collect the Revenue carefully, and muster the Army honestly. 4. To get the Ports into the King's possession, that his Customs may be duly answered. 5. To search for a Mine of Alum. 6. To Let the King's Lands, especially Leix and Offaly, for one and twenty years, to such as will live upon them. 7. To inquire into the Conveniency of Building Ships in Ireland. 8. To endeavour to persuade the Nobility to exchange some Irish Land for the like value in England. 9 That the Soldier be not sued, except before the Deputy or Marshal; but if Justice be not done in three Months, then to remit them to the Common Law. 10. To allow Trade to all Foreigners, though Enemies. 11. Above all, to reduce the Birns and Tools, and their Country. When the Lord Deputy Landed, he was informed, That his Predecessor (Saint-Leger) was gone to Munster, and thereupon he road directly to Cork, and on the twenty third of May he was sworn, and received the Sword there, and one of the Cavenaghs or Mac Moroughs, for some Crime was there hanged. The Lord Deputy, who was a zealous Protestant, endeavoured all he could, to persuade the Primate (Dowdal) to observe the King's Order about the Liturgy; but he continued obstinate; and therefore the King and Council of England, on the twentieth day of October, deprived him of the Title of Primate of all Ireland, and annexed it to the See of Dublin for ever; whereupon Dowdal withdrew beyond the Seas, and Hugh Goodacre was made Archbishop of Armagh in his room, being, together with John Bale, Bishop of Ossory, consecrated in Christ-Church Dublin, by the Archbishop of Dublin, and the Bishops of Kildare and Down, on the second day of February, 1552. About which time the English Liturgy, with Orders and Rules for Ecclesiastical Habits and Ceremonies, was reprinted at Dublin by Humyhry Powel. But it is time to return to the Army, which, under the Command of the Lord Deputy, marched into Ulster, against the Scotch Islanders; the English invaded the Isle of Raghlin, but were forced to retreat with the Loss of one Ship and several Men; Captain Bagnal also was taken Prisoner, but he was afterwards exchanged for Surly buy Mac Donald, who was then Prisoner at Dublin; in this Journey the Deputy received the Submissions of some of the Irish, and drove others of them into Fastnesses. About this time, the Name of the King at Arms, who was formerly called Ireland, was changed to that of Ulster, and Nicholas Narbon (Richmond, Herald in England) was the first King at Arms by the Name of Ulster, Ware, 192. and upon his Death, Bartholomew Butler succeeded him June 21. anno 1552. But upon the Lord Deputy's Return to Dublin, Matthew, Baron of Dungannon, complained to him against his Father, the Earl of Tyrone; whereupon that Earl was imprisoned, which enraged his other Sons to that degree, that they burned and destroyed that part of the Country which belonged to Matthew: On the other side, the Baron, being assisted by the English, resolved to revenge that Injury, and at length it came to a Battle, which was doubtful for some time, but ended in the Defeat of Matthew, and the Slaughter of two hundred of his Soldiers English and Irish. Nevertheless, the Earl of Tyrone remained confined to stay within the Pale, until at the end of three Months, he gave Hostages in February, and returned to Ulster: And about the same time O Connor made his escape out of the Tower of London, but was retaken, and again imprisoned; but Mac Coghlan being weary of wand'ring in the Woods, made his Submission, and was restored to his Territory of Delvin: And the Public Records were removed from Birmingham's Tower to S. Patrick's Library in Dublin. The Year 1552, 1552. was propitious to the Noble Family of the Giraldines; for Girald, Son of the last Earl of Kildare, whose miraculous Preservation hath been already mentioned, was now received into Favour, and on the twenty fifth of April was restored to Minooth, and good part of his Estate; and about two years after, in the Reign of Queen Mary, viz. on the thirteenth of May, 1554. he was Created Earl of Kildare, Lib. G. and Baron of Ophaly, at Westminster. But Donough Earl of Thomond, who had that Title confirmed to him and his Heirs Males, in January last, had great Contests with his Uncle Daniel, who claimed the Estate by Tanistry; but at length, by the Mediation of the Lord Deputy, they came to an Agreement; which is mentioned in an Indenture Tripartite between the Deputy, the Earl, and Daniel O Bryan, Dated May 9, 1552. In the mean time, Sir Nicholas Bagnal was sent against Hugh Mac Morough, and they came to a Battle, which was so well fought on both sides, that the Loss as well as the Victory is uncertain; But the Garrison of Athloan had better Success at Cluan macnoise, where they rob or destroyed all they met with, not sparing even the Church-Books. The Lord Depury marched to Ulster, and repaired and garrisoned the Castle of Belfast; but it seems he brought but a small Army, in expectation that the Baron of Dungannon would join him with his Forces; and indeed the Baron designed it, and endeavoured it; but his Brother Shane O Neal surprised his Camp by night, and routed his Army with a great Slaughter: Whereupon, the Lord Deputy returned to Dublin, and intended for England; but he was stopped for a while, by Sir Henry Knolls, whom the King sent over with Intelligence, that the Queen of Scots had sent O Connor's son to Ireland, to raise new Commotions; but as soon as it was understood that his Negotiation was ineffectal, the Lord Deputy prosecuted his former Resolution, and embarked at Houth on the fourth of December, and pursuant to the King's Letter of the seventh of November, Sir Thomas Cusack, Lord Chancellor, and Sir Girald Ailmer, Lord Chief Justice, were chosen Lords Justices, on the sixth of December; and soon after one of the O Neals was imprisoned in Dublin, for spreading false News about the late Lord Deputy; but he was on the thirtieth of December, enlarged on Bail. In the mean time, on the twenty eighth of December, Lib. D. Hugh Mac Neal Oge of Clandeboy, made his Submission to the Lords Justices (or rather to the King) and swore Allegiance, and Agreed and Covenanted by Indenture, to forfeit all if he ever relapsed or apostatised again: Whereupon, the King granted to him the Abbey of Carrigfergus, and Liberty to keep three Secular Priests, as also the Castle of Belfast. But Ireland was unhappy, not only by the Civil Dissensions in Ulster, between the Earl of Tyrone and his Son Shane O Neal; and by the Scarcity of Provisions, insomuch that a Kilderkin of Wheat was sold for four and twenty shillings, which in the following year was sold for five shillings; but also by the Death of Sir William Brabazon, who died in July, and was one of the most faithful men to the English Interest, that had appeared in Ireland, from the Conquest to that day. The King was advised to lower the Value of Brass Money, and to make the Bell-Groat currant at two pence and no more, and also to build a Castle at Baltimore, to oblige the Fishermen to pay Tribute; the former he performed, but the later as unpracticable, was neglected or postponed. The Earl of Thomond, and his Uncle's Donald and Trelagh, were again at open Wars, notwithstanding the aforesaid Agreement made between them by the Government: February. They took the Town of Cluanroad, but the Earl defended the Castle for a time; but not long after, he was murdered by his Uncle Donald, and was succeeded by his Son Cnogher, whose Mother was Helen, April. Daughter of Pierce Earl of Ormond. 1553. About the same time Teig Roe O Mlaghlin murdered Neal Mac Fylemy of the same Family, coming from Molingar; but the Murderer was not long after slain in Battle by the Baron of Delvin and the Garrison of Athloan; and in Connaught, Richard Burk was at variance with the Sons of Thomas Burk (Buckagh) the issue whereof was, that Richard was taken Prisoner, and an hundred and an fifty of his Men slain. Nor were the Contests less between Richard Earl of Clanrickard and John Burk; the Earl besieged John's Castle, but Daniel O Bryan came to John's Relief, and forced the Earl to raise the Siege: But whilst these things were doing, the King died at Greenwich, on the sixth Day of July, in the seventh Year of his Reign, and the sixteenth Year of his Age. THE REIGN OF MARY QUEEN OF England, France, AND IRELAND. MARY, 1553. eldest Sister of the deceased King, notwithstanding King Edward's Will, and all the Endeavours that were used against her, did succeed her Brother in the Throne; and although she was Kept out of Possession by the Lady Jane about twelve Days, so that she was not proclaimed at London until the nineteenth Day of July: Yet there being no Interregnum in England, her Reign must be computed from the sixth of July, being the Day of her Brother's Death. It may seem strange, That the Protestants did so easily submit to her; or that the Kingdom of Ireland should at all own her for their Queen: Because, I. She was the Issue of an Incestuous Marriage, so directly against the Law of God, that no Power on Earth could dispense with it: Dr. Burnet's Hist. Reform. 131. And that Marriage was judicially nulled and made void ab initio, by the Divorce pronounced between the Parties, by the Archbishop of Canterbury; so that by consequence the Issue was bastardised and rendered Illegitimate. And, II. Because the Crown was entailed upon Queen Elizabeth by Name, by the Irish Statute of 28 Hen. 8. cap. 2. as hath been already observed, and that Statute was not repealed in Ireland to that time. It would be a lame Answer to the first Objection, to insist upon the English Statute of 35 H. 8. which gave that King Power to dispose of the Crown by his Will; for besides what some will allege against Bills of Exclusion in general, every Body will oppose that wild and unjust Method of Exclusion, that has no regard to the Faults of the Party rejected, nor to the Merits of the Person to be advanced; but Exposes the Right of an Innocent to the Fegary of an humersom Man: Moreover, it is a high Point to delegate the Legislative Power in an Instance of that Importance; and if allowed, would at once destroy all hereditary Right. It is necessary therefore, that we have recourse to something more solid, and which really was the true Reason; and it was this, That Mary having gained Possession of the Throne in a Hurry, by the Surprise and Confusion of the People in general, the Easiness and Credulity of the Suffolk-men in particular, and the Envy some bore to the Duke of Suffolk, and the Malice others entertained against the Duke of Northumberland, the Protestants did believe themselves obliged by the Laws of God and Man to obey the Queen, de facto, and to acquiesce in the Government that was actually over them; and therefore the Clergy, and the best and holiest of the Protestant Party, chose rather to be Refugees, and beg their Bread abroad, than to be mutinous and disloyal at Home. It is not to be doubted, but that they did consult and throughly examine both the Laws of God and the Laws of the Land in that Particular, and found by both Sanctions, that it was not the Duty of the Subject to dispute the Title of the Prince in Possession; this were to make the Rabble Judges of the Rights of Princes, and to erect a Judicature above the Legislative Power, and to introduce an Appeal from the Parliament to the People. As to the First, viz. The Law of God, nothing was more plain, than that a Christian peaceable Temper was commanded in General, and a Submission to the King, de facto, in Particular; and the Reason is, Because the Power that is, is of God, for Caesar had no Right, especially over the Jewish State, but both Augustus and Tiberius were Usurpers, and yet it was to them that our Saviour and the Apostles preached Obedience, and commanded us, To render the things that were Caesar's. And as to the second, viz. The Law of the Land, it has no regard to any other than the King de facto, it is he that is only King within the Statute of Edward the Third, of Treasons, it is he only that by the Laws of England can grant Pardons, Call and Dissolve Parliaments, and Confirm their Acts: In a Word, It is he only that can do all Acts of Government, and he is the Person who can and aught to give Protection to the Subjects, and consequently is to have Allegiance from them; the King, de facto, can punish Treasons committed against his Predecessor and his Rightful Successor may punish Treasons done against him; and the Reason is, Because it is the same continuation of the Regal Government, and the Person is not regarded in Law any▪ longer than it is clothed with the Politic Capacity. For the Relation that is between King and Subject, Protection and Allegiance, is reciprocal, and the Obligation is mutual, as it is betwixt Husband and Wife; and therefore whensoever a King totally ceaseth the Exercise of his Royal Office, he is dead in his Politic Capacity, with which the Relation is, and the Subject is at Liberty, ad alia vota convolanda, to the Successor; and whether this happens by Force or Consent, is no more to the purpose, than it is whether a Man's first Wife was murdered or died of a Fever. So that it is Plain, That Possession of the Throne, by the consent of the two Houses of Parliament, does give a Right, in reference to the Subject, and therefore the Words, King de jure, are but terms of Art, as Ens Rationis, among the Logicians, to signify an Imaginary Notion they had no other name for; and if this were not so, there could be no Peace upon Earth, since there is not a Crown in Europe to which there are not several plausible Pretenders, whose Claims have many warm and furious Abettors; and perhaps it would be very difficult for any man to define what Prescription is sufficient to give more Title to a Throne than is gained by the quiet Possession thereof. The Case of Henry the Seventh hath been already mentioned, wherein the Judges resolved, That the Possession of the Crown, and of the Regal Government, cleared him of all Incapacities, Defects and Attainders whatsoever. It is necessary to add, That the Preservation of the Community is the End and Design of all Laws; and that the greatest Solecism that can be in the OEconomy of a Kingdom, is to suspend the Government, though but for a Moment: And in Truth, the whole Society would perish by a very short Interval, wherein every Man might do what seems good in his own Eyes: It is for this Reason there is no interregnum in England. And therefore there always is a King, to whom the English Subject owes Allegiance exclusively of all others; and that can be no other than the King de facto, who is trusted by the Law with the executive Power thereof, and who alone doth or can give the People actual Protection. If it were needful this might be farther urged, because every Man is represented in Parliament, and their Act is the Act of every individual Person; and it is beyond controversy, That every one is obliged to obey the Authority himself has owned and consented to. And as to the second Objection, it is easily answered, That Ireland is a subordinate Kingdom to England and part of its Dominions; and therefore whoever is King of England, is, ipso facto, King of Ireland as much as of the Isle of Sheppy, or of the Isle of Wight; and it was so at Common Law, and it is explained to be so by the Irish Statute of 28 Hen. 8. cap. 1. wherein it is enacted, That the King and his Successors Kings of England, shall be Kings of Ireland, and that Kingdom, is by the same Act united and knit to the Imperial Crown of England: And therefore it follows, That Ireland must submit to such disposal of the Crown as is made in England, and so the English Statute of 35 Hen. 8. was in effect a Repeal of the Irish Statute of 28 Hen. 8. cap. 2. as it was actually a Repeal of the English Statute of the same tenor and effect. But to proceed. Sir Thomas Cusak Lord Chancellor and Girald Aylmer Lord Chief Justice, continued Lords Justices; and to them the Council of England, on the twentieth Day of July sent an account of the Succession of Queen Mary, together with a Proclamation, wherein she was styled Supreme Head of the Church, 1553. which was read in Dublin and other Cities and Towns of Ireland, as is usual; and Orders were soon after sent to continue all Officers in their Places; and another Proclamation, To give Liberty of the Mass to all that would, was likewise sent over; and afterwards the Queen was crowned by Gardiner Bishop of Winchester, Ware, 204. on the first day of October; and she gave a General Pardon to both her Kingdoms of England and Ireland. In the mean time O Connor and his Complices were busy about the Invasion of Offaly, but by the Prudence of the Lords Justices they were easily suppressed. September. Nor had O Neal better Success in the County of Lowth, for though he did abundance of Mischief there, yet the Lords Justices (with the Militia of Dublin, and such others as they could on a sudden scrape together) gave him a great Defeat near Dundalk, where he lost many of his Men. And on the eleventh of November Sir Anthony Saintleger, Lord Deputy arrived at Dalkye; and on the nineteenth he took the usual Oath, and received the Sword in Christ Church, Dublin; and the Lord Chancellor Cusack's Patent was also renewed. Cormack Mac Coghlan, with the Aid of the Baron of Delvin, made War against Mac Coghlan, and invaded his Territory; and though little more was done at first than the burning of some few Villages, yet this was the beginning of a Contest so fierce and so tedious, that at length the Territory of Delvin was entirely ruined. Owen Macgenis was by the Lord Deputy admitted to be Chief of his Sept and Captain of his Country, on the sixth of December, upon his Oath of Fidelity to the Queen and her Successors, and upon these Conditions following, viz. 1. That he should not admit any Provisions from Rome, Lib. D. but oppose them all he could. 2. To serve the Queen with all his Power, when Occasion required. 3. To maintain twenty four Horse and sixty Foot, and a Company (integr. prelium) of Gallowglasses, at every Northern Expedition of the Deputy, for three Days going and three Days returning, at his own Charge. 4. To have no Correspondence with the Scots. 5. To give the Wife and Daughter of Donel Macgenis their due. 6. That he should not oppress the Queen's Subjects, but assist them, and the Queen would assist him against any of his Followers that should rebel. 7. That he should pay one hundred Cows (but this last was remitted him by the Deputy). George Dowdal Archbishop of Armagh, who fled beyond Seas in the Reign of King Edward, was now recalled, and restored to the Title of Primate of all Ireland, and had the Priory of Athird given him for Life: He held a Provincial Synod at Tredagh, where they made some Progress towards restoring Popery, 1554. and depriving the married Clergy; but in April it went farther, and the Primate and Dr. Walsh (elect Bishop of Meath) received a Commission to deprive them, and accordingly Staples Bishop of Meath was for that reason deprived, on the twenty ninth Day of June; and in the latter end of the same Year, the like was done to Brown Archbishop of Dublin: Lancaster Bishop of Kildare, and Traverse Bishop of Leighlin, and the two other Protestant Bishops, viz. Bale Bishop of Ossory and Casy Bishop of Limerick fled beyond the Seas. In the room of these Protestant Bishops Popish Prelates were substituted, Doctor Walsh was made Bishop of Meath, and afterwards died in Exile, in Queen Elizabeth's Reign; Hugh Curvin succeeded in the See of Dublin, as Thomas Levereuse did in that of Kildare; Thomas O Fihely was by the Pope made Bishop of Leighlin, Hugh Lacie was constituted Bishop of Limerick, and John Thonory got the Bishopric of Ossory; but his Leases were afterwards avoided, because Bale was never deprived; and therefore he being alive at the time the Lease was made, 2 Cro. 553. continued Bishop in Law, and so Thonory had no power to dispose of any thing belonging to that See, and in that case it was likewise adjudged, that the King of England may nominate and appoint Bishops in Ireland, without the Formality of a Congee de Esl●●●, and that the Statute of 2 Elizabethae, is for so much in Affirmance of the Common Law. The Popish Bishops did take an Oath to the Queen in these Words; Ware, de Praesulibus, 188. Ego A. B. Episcopus, D. electus & Consecratus, profiteor me habere & tenere ownes temporales Possessiones dicti Episcopatus de manibus vestris & Successoribus vestris Angliae Regibus; ut in jure Coronae Regni vestri Hiberniae, vobisque & Successoribus vestris (Angliae Regibus) fidelis ero; ita me Deus adjuvet & sancta Dei Evangelia. But how well they kept that Oath, I need not relate, because it is notorious. In November came over Girald Earl of Kildare, who was restored the thirteenth of May before, and Thomas (Duff) Earl of Ormond, and Brian Fitz-Patrick, Lord of Upper Ossory, all which had behaved themselves exceeding well against Sir Thomas Wyatt: This Fitz-Patrick is famous for extraordinarily loving and being beloved of King Edward the Sixth; and on the ninth of February Charles Mac Art Cavenagh was created Baron of Balian for Life, and after his Death, his Brother Dermond had the same Title. The Queen ordered that the Army should be reduced to five hundred; but that was not thought reasonable in Ireland: However, to comply as far as they could with her Majesty's Orders, they did reduce the Army to six hundred Foot, and four hundred and sixty Horse, and a few Kerns; but were forced in a short time afterward to raise more, and to send for fresh Supplies out of England. In the mean time, Lib. D. Daniel O Bryan (claiming by Tanistry) had great Contests with the Earl of Thomond, about that Estate; he had (before this) murdered the Earl's Father; and though for the present, they were reconciled by the Mediation of the Lord Deputy and Council about Michaelmas, yet it was not long before their Dissensions broke out again. But the Irish Historian, Mr. Sullevan, gives a very different Account of this Matter, and tells us, That the Lord Precedent Fitton, got Daniel O Bryan into Limerick, upon his Oath, that he would give him free and safe egress out of the Gates; but the Sophistical Englishman turned him out of the wrong Gate, (so that there was the River of Shenin between him and his Army, which was encamped in Thomond) and immediately sent the young Earl to take possession of the Country, which he did; and Daniel (who was so brave a man, that many of the old and new Irish courted him to be King of Ireland) was forced to lie that tempestuous Night in a cabin; but when (according to the Irish fashion) he thought to lead his Horse to stable in the same House with himself, the proud Beast scorned to stoop, until the Footboy whispered the Horse in the Ear, and told him that his Master O Bryan would lodge that Night in that cabin, Sullevan, 80. and desired that he would lower his Crest and his Crupper, and creep into the House to keep his Master company: (ut tu quoque equus suus capite & dorso demisso & inclinato Tygurium introeas) and the Horse being well bred, did very civilly comply in Matters of Ceremony; but when he came to Supper, he was at a loss; for he was used to feed on Wheat, and could not conform to Country●entertainment, until the Footboy whispered him once more, that his Master O Bryan, who fed on Oaten Cake, did command Rosinante to be contented with the same Far (O Bryan, Dominus tuus, qui hac nocte Avenaceum panem comedit, imperat ut tu quoque Avena vescaris) and then he fell to it. But to return, Charles O Carol, who had murdered Teig O Carol, was himself murdered by William O Dar O Carol, who thereupon took possession of that Signiory, and held it for four years. The Earl of Kildare, and the Baron of Delvin, at the request of Shane O Neal, went into Ulster, to aid him against Fylemy Roe O Neal; they did no great Exploits, but took a few Preys, with the Loss of fifty of their own Men; but a little after, there was a smart Conflict between the Earl of Tyrone and Hugh Mac Neal of Clandeboy, wherein the Earl was beaten, and lost three hundred Men, besides Prisoners. In October, Lib. CCC. Sir William Fitz-Williams, Sir John Allen, and Valentine Brown were sent over Commissioners to assist the Lord Deputy in managing the Crown-Lands; and afterwards, in Queen Elizabeth's Reign, this Brown, (being a Protestant, much employed by the Queen) wrote a notable Tract for the Reformation of Ireland, which I have seen, and is to be found at Lambeth; wherein there is nothing blame-worthy, saving, that he advises the extirpation of the Irish Papists, and particularly of the Fitzgiralds, and therefore certainly did not foresee that his own Heir would degenerate into an Irish Papist, and ungratefully oppose that English Interest upon which his own Estate is founded. It is said, That the Spaniards agreed to pay two thousand pound per annum for one and twenty years, for leave to Fish on the Irish Coast; but it seems there are no such Accounts in the Exchequer: And now we are got there, we ought to remember the Clerk of the Pipe (Walter Hussy) who died about this time at the Age of an hundred and seven years. Bryan O Connor obtained so much Favour with the Queen, that he had leave to come for Ireland, Ware, 211. and nevertheless to retain his Pension in England; but he was not long at home before he was arrested upon Suspicion of new Combinations, and imprisoned in the Castle of Dublin, from whence he was not enlarged before he gave his Son Rotherick Hostage for his good Behaviour. The Year 1555, 1555. began with the Restoration of St. Patrick's Church in Dublin, and Thomas Levereuse was made Dean thereof, and held it in Commendam with the Bishopric of Kildare: And on the third of July Sir William Fitz-Williams was made Keeper of the Great Seal until the thirteenth of September. Hugh Curvin (who was Consecrated Archbishop of Dublin the Week before) was made Lord Chancellor. In Ulster the Scots Islanders besieged Carrigfergas in vain; but Calvagh O Donel, with another Party of Scots, under Gilaspick Maccaline invaded Tirconel, and took his own Father Prisoner at Rosragh, and kept him in restraint till his Death; he also took and demolished the new Castle of Inisowen, and the Castle of Enagh, and in the middle of May the next year, he sent back his Auxiliary Scots. Another Party of the Scots killed Hugh Mac Neal of Claneboy in a Skirmish; whereupon that Territory was, on the fifteenth of September divided by the Lord Deputy and Council between Fylemy Duff O Neal and the Sons of Fylemy Buckagh. In May the Cavenaughs and their Complices invaded the North Part of the County of Dublin, but the Citizens of Dublin, with the Slaughter of many of the Rebels, drove one hundred and forty to Powerscourt-Castle, 1556. which they pretended to defend; but upon the appearance of Sir George Stanley, with Supplies, they surrendered at Mercy, and seventy four of them were hanged at Dublin, and the rest were pardoned. But the Lord Deputy's Enemies suggested at Court, That he had formerly made some Rhymes ridiculing Transubstantiation; and thereupon, for that, or for some other Reason, he was soon after recalled; and Thomas Ratcliff Lord Fitz-Walter, Lord Deputy, arrived on Whitsunday, and on Tuesday after took the usual Oath at the Altar in Christ-Church on a Mass-book, and Saintleger on his Knees surrendered the Sword, and the Lord Deputy continued kneeling until Te Deum was sung: He brought over with him Sir Henry Sydny, Vice-Treasurer, and twenty five thousand Pound in Money, to provide against the Scots Islanders and the Irish Rebels. The Instructions to the Lord Deputy and Council begin at the top (Marry the Queen) although she was married long before that to King Philip; Lib. SSS. 53. and the first Article is, by their Example and all good means possible to advance the Honour of God and the Catholic Faith; to set forth the Honour and Dignity of the Pope's Holiness and See Apostolic of Rome; and from time to time to be ready with their Aid and Secular Force, at the Request of all Spiritual Ministers and Ordinaries there, to punish and repress all Heretics and Lollards, and their damnable Sects, Opinions and Errors, and to assist the Commissioners of the Legate, Cardinal Poole, which he designed to send into Ireland to visit the Clergy. On the first Day of July the Lord Deputy marched to Ulster against the Scots; Ware, 216. and on the eighteenth of the same Month he defeated them with the slaughter of two hundred of them; Sir Henry Sydny killed James Mac Connel with his own Hand, and the Earl of Ormond and Sir John Stanley behaved themselves exceeding well; and so the Lord Deputy having left Necessaries at Knockfergus, and Stanley the Marshal Governor of Ulster, returned to Dublin; and not long after made a Journey to Munster, where he received many English and Irish to Mercy. Hereupon Shane O Neal came to the Lord Deputy to Kilmainham, upon a Promise of Protection, and made his humble Submission: But since that time frequent Experience has convinced the Government, That Protections have always proved disadvantageous to the State, and that lenity to the Irish Rebels has produced no other Effects, than that it has encouraged them to relapse, and others to follow their Example: And of this Shane O Neal affords us one Instance, for notwithstanding this Submission, it was not long before he rebelled again; and Rory O Connor and Donough O Connor followed the same Copy, for though they submitted at Dingen, and put in Hostages for their Loyalty, yet they rebelled once more, and therefore were on the twenty fifth Day of February proclaimed Traitors, and at length were slain, and their Country wasted: 1557. In like manner William Odare O Carol was made Governor of Ely O Carol under certain Conditions, one of which was, To send a certain number of Soldiers to every Hosting; but this Condescension and Kindness could not oblige him, but that the ungrateful Traitor rebelled next Year and was routed, and Thady O Carol was put in his Place. And so, we are come to the Parliament, which began the nineteenth day of June, and on the second day of July was adjourned to the tenth day of November to Limerick, and then was adjourned to the first day of March, to Drogheda; but the Lord Deputy (who by the Death of his Father was Earl of Sussex) went to England on the fourth day of December, and not returning before the first day of March, the Parliament by his Absence became dissolved. It seems, that besides the Statutes that are in Print, this Parliament enacted. 1. That the Queen was Legitimate. 2. That the Royal Power was vested in her. 3. That her Issue should inherit the Crown and Kingdoms of England and Ireland. 4. That Heresies should be punished, and three Statutes to that effect were revived. 5. That all Acts against the Pope, made since 20 Hen. 8. be repealed. 6. That the Grants made by Archbishop Brown be void; and (cap. 12.) that First-Fruits be released. But afterwards, by the Act of the second of Elizabeth, cap. 1. the Act of Repeal was repealed, and the revived Statutes against Heresy were suppressed, the Jurisdiction of the Pope was abolished; and (cap. 3.) the First-Fruits and twentieth Part were restored to the Crown. There was also an Act, to give the Queen a Subsidy of thirteen Shillings and four Pence out of every Plow-land, for ten Years: And another to make it Treason to introduce or receive armed Scots into Ireland, or to marry with a Scot, without Licence under the great Seal. The printed Acts of this Parliament are, I. For the Disposition of Leix and Offaly. II. For making the King's County and Queen's County Shire-Ground, and entituling their Majesties thereunto. III. For making other Counties into Shire-Ground. iv To explain Poynings Act, that new Bills whilst the Irish Parliament sits, may be transmitted into England for Approbation, as well as if they had been sent before the Parliament met. V That Labourers or Cottiers shall not buy Horses more than is absolutely necessary. VI That the Owners of stolen Goods, using their best Endeavours to prosecute the Felon, shall be reprized out of the Felons Goods, if they cannot get their own again. VII. That no Body shall make Aquavitae, without Licence under the great Seal, except Noblemen, Gentlemen and Freemen of Towns that send Members to Parliament. And it is to be noted, That this Act, which was designed to spare Corn, and prevent a Dearth, was necessary at that time: Yet now the Kingdom is better improved, and consequently abounds in Corn, this Act (though not repealed) is become obsolete, and a quite contrary Act, viz. To encourage the Making and Exportation of Aquavitae would tend very much to the Advantage of Ireland. In July the Lord Deputy made an Expedition against the O Maddens, whose Country (called Silanchia, now the Barony of Longford in the County of Galway) was last Year, on the Murder of John O Madden, divided between Malachy Modhar, and the Murderer Brasil Duff; the Deputy sent a Summons to the Castle of Melik, but the valiant Warders not only boasted how stoutly they would defend it; but also believing, that every Summons was an Affront, and as it were a Suspicion of their Courage, they assured the Herald, That it should not be safe for him to come with any more such Messages to them: It is hardly credible, That after all this Ostentation, these Men of War should desert the Castle the very next Night; however, they certainly did so, and the Lord Deputy placed a Garrison in it, and returned. On the tenth of August the Lord Deputy advanced into Ulster, Ware, 220. being accompanied by the Lords of Kildare, Ormond, Baltinglass, Delvin, Dnnboyne and Dunsany; his Design was against the Scots, but they sheltered themselves in the Woods and Bogs, so that he did them no other Mischief than that he took some Preys; however, some of them were thereby persuaded to submit, and Daniel Mac Conel and Richard Mac Guilliam received the Honour of Knighthood. On the twenty second Day of October the Lord Deputy made another Journey into Ulster: And on the twenty fourth day he came to Dundalk; and on the twenty fifth he took a Prey and came to Armagh, the Rebels still flying before him; on the twenty seventh he burned Armagh, except the Church, and marched to Newry; and so on the thirtieth day of the same Month returned to Dublin: And being ordered to attend the Queen in England, he first obliged O Carol, O Molloy, Macgehogan, O Doyne, Mac Coughlan, the two O Maddens and Fylemy Duff to gives Hostages of their Good Behaviour: And then, on the fourth of December he set sail for England, leaving Hugh Curvin, 1557. Lord Chancellor, and Sir Henry Sydny, Treasurer at Wars, Lords Justices, by Patent, dated at Westminster the twelfth of November; after they were censed and sprinkled with Holy Water and Mass was celebrated, they were sworn at Christ-Church, on Sunday the fifth of December, and received the Sword from Sir John Stanley, the Marshal, with whom it was left to that Purpose, and they continued in their Office until Sir Henry Sydny, Ware, 222. Lord Justice, was sworn, on the sixth of February, by the Queen's Command, and by virtue of a Commission, bearing date the eighteenth day of January; he attacked Arthur O Molloy, Chief of Fercalia, who was brewing new Treasons, and favoured and cherished those that were in Rebellion: But the Lord Deputy did soon overrun his Country, and made Theobald O Molloy Governor thereof, and took his Son for a Hostage of the Father's Fidelity, and then by Cess in the Pale the Deputy furnished the Forts of Maryburgh and Philipsburgh with Victuals, and returned to Dublin; where he made Proclamation, That no Corn should be carried out of the Pale. In the mean time Shane O Neal invaded Tyrconnel, designing to reduce it to the former Tribute and Dependence it paid to his House; Calvagh O Donel being too weak to resist by Force, betook himself to his Politics, and made an Essay by Night on the Enemy's Camp, and it succeeded according to his Desire, for O Neal's Army being over-confident of their Numbers, and despising the Weakness of their Adversaries, had made no preparation to resist an Assault which they did not suspect, and wanting such Scouts, Outguards and Sentinels, as Martial Discipline required, and as was usual in all well-governed Armies, they were easily surprised and defeated, and Shane O Neal himself was forced to make use of his Heels. As to Ecclesiastical Affairs, there was a Provincial Synod held at Dublin, Anno 1555, which made some Constitutions about the Rites and Ceremonies to be used in the Church, and afterwards the church-good and Ornaments were restored, and particularly those belonging to the Churches of Dublin and Drogheda; and although many Glebe's continued Lay-Fees during all the Reign of Queen Mary; yet at the Request of Cardinal Poole, her Majesty restored the Possessions of the Priory of Kilmainham; and Oswal Messemberg was confirmed Prior by Patent, dated the eighth of March 1557. but afterwards he fled beyond Seas, and the Possessions of that Priory (and of that Order in Ireland) were by Act of Parliament annexed to the Crown in Queen Elizabeth's Reign. There was also a Provincial Synod held at Drogheda this Year by Archbishop Dowdal, and therein Leave was given to Husbandmen to work certain Days in Harvest. The Lord Justice having on the twenty fifth Day of April received the Submission of O Reyly and his Fealty or Oath of Allegiance, 1558. did on the twenty seventh surrender the Sword to Thomas Earl of Sussex, Lord Deputy, who brought over with him five hundred Soldiers, and an Order to coin Brass-Money, and to make it currant by Proclamation; which he did. On the fourteenth of June he began his March to Munster against Daniel O Brian; he came to Limerick and advanced forwards into Thomond, he scattered the Rebels, and took the Castles of Bunratty and Clare, and then restored the Country to the Earl of Thomond, who, together with the Freeholders of that Country did on Sunday the tenth day of July swear on the Sacrament, Lib. NNN. and by all the Relics of the Church, as Book, Bell and Candelight (they are the very Words of the Herald's Certificate) to continue Loyal to the Queen, and to perform their Agreements with the Lord Deputy. On the twenty first of June the Earl of Desmond made his Submission to the Deputy at Limerick; and on the twenty sixth the Lord Deputy was Godfather to the Earl's Son, whom he named James Sussex, and gave the Child a Chain of Gold, and gave another Chain and Pair of gilt Spurs to Dermond Mac Carthy of Muskry; whom he also knighted. The Lord Deputy caused a Soldier to be nailed to a Post for drawing his Sword in the Camp, contrary to Proclamation, and then marched to Galway, where he was well received, especially by the Archbishop of Tuam and the Bishops of Clonfert and Clonmacnoise, who with the Clergy met him in Procession. On the fifteenth day of September the Lord Deputy shipped his Army at Dalky, and sailed to Raghline; and though he lost one Ship in the Storm, yet he pursued his Design and took the Island, and placed a Colony and a small Garrison in it; and thence he invaded and wasted Cantire in Scotland. Nor did the Islands of Aran and Comber escape the like Desolation; and he intended as much against the Island of Ila, but he was by ill Wether forced to put in at Carigfergus; and so having burnt many Villages, which were possessed by the Scots in Ulster, he returned to Dublin on the eighth day of November. Sir Henry Sydny was sworn Lord Justice on the eighteenth of September, by virtue of a Patent, dated at Richmond the fourth of August, and now when the Earl of Sussex returned, he was sworn anew on the tenth of November, and had a new Patent, bearing date the seventeenth day of August, 1558. The Lord Deputy had a new Great Seal sent him out of England, and also new Seals to the other three Courts; which he delivered to the Lord Chancellor, Chief Justices and Chief Baron in the Council Chamber; and about the same time a Party of the Islander Scots that came into Connaught, to the Assistance of one of the Burks, was defeated by the Earl of Clanrickard, and most of them slain. And because the Author quotes the Most Reverend and Learned Primate, Usher, and the Memorials of the Most Noble and Industrious Richard Earl of Cork for the following Story, I will insert it verbatim, as it is already printed in the Life of Archbishop Brown. Queen Mary having dealt severely with the Protestants in England, about the latter end of her Reign signed a Commission for to take the same Course with them in Ireland; and to execute the same with greater Force, she nominates Dr. Cole one of the Commissioners: Sending the Commission by this Doctor, who in his Journey coming to Chester, the Mayor of that City hearing that her Majesty was sending a Messenger into Ireland, and he being a Churchman, waited on the Doctor, who in discourse with the Mayor taketh out of a Cloak-Bag a Leather-Box, saying unto him, Here is a Commission that shall lash the Heretics of Ireland (calling the Protestants by that Title): the good Woman of the House being well affected to the Protestant Religion, and also having a Brother named John Edmunds of the same, than a Citizen in Dublin, was much troubled at the Doctor's Words; but watching her convenient time, whilst the Mayor took his Leave, and the Doctor complementing him down the Stairs, she opens the Box and takes the Commission out, placing in lieu thereof a Sheet of Paper with a Pack of Cards, the Knave of Clubs faced uppermost wrap up: The Doctor coming up to his Chamber, suspecting nothing of what had been done, put up the Box as formely. The next day going to the Waterside, Wind and Wether serving him, he sails towards Ireland, and landed on the seventh of October, 1558. at Dublin; then coming to the Castle, the Lord Fitz-Walters, being Lord Deputy, sent for him to come before him and the Privy Council; who coming in, after he had made a Speech, relating upon what account he came over, he presents the Box unto the Lord Deputy; who causing it to be opened, that the Secretary might read the Commission, there was nothing save a Pack of Cards, with the Knave of Clubs uppermost; which not only startled the Lord Deputy and Council, but the Doctor, who assured them, He had a Commission, but knew not how it was gone: Then the Lord Deputy made answer, Let us have another Commission, and we will shuffle the Cards in the mean while. The Doctor being troubled in Mind went his way, and returned into England, and coming to the Court obtained another Commission; but staying for a Wind at the Waterside, News came unto him, That the Queen was dead: And thus God preserved the Protestants in Ireland. This Queen died on the seventeenth day of November, 1558. And it is observable, That though she was a very zealous Papist, yet the Irish were not quieter during her Reign, than they were under her Brother; but on the contrary, their Antipathy against Englishmen and Government induced them to be as troublesome then as at other times, and prevailed with Mr. Sullevan to give this severe Character of her Reign, Sullevan. cath. hist. 81. That although the Queen was zealous to propagate the Catholic Religion, yet her Ministers did not forbear to injure and abuse the Irish: Quae tametsi catholicam Religionem tueri & amplificare conata est, ejus tamen Praefecti & Conciliarii injurias Ibernis inferre non destiterunt. THE REIGN OF ELIZABETH QUEEN OF England, France, AND IRELAND. ELIZABETH, 1558. the only surviving Child of Henry the Eighth, succeeded her deceased Sister Queen Mary, on the seventeenth day of November 1558. and in the five and twentieth year of her Age, the Parliament (who were all Papists) then sitting, she was by their common consent immediately Proclaimed Queen. And though Mary and Elizabeth could not be both legitimate, no more than their Father could have two Wives at once; for if the first Marriage and Dispensation were not good, then was Queen Mary spurious; and if they were valid, then was Elizabeth the Issue of an adulterous Bed; yet, by a rare Example of Fortune, they both enjoyed Successively the Dominions of their Father, and Elizabeth succeeded as Heir to Mary. But nothing in History is more strange, than that the Papists, who had the whole Power in their hands, should so peaceably accept of a Queen, who, according to their Doctrine, and by Act of Parliament primo Mariae, was a Bastard, and by Report was a Protestant, and not so much as make one Essay in behalf of the Queen of Scots, who was a Catholic Princess, and in their Opinions the right Heir. But the true Reason was, because they believed Elizabeth would declare herself a Catholic, and also marry the King of Spain; both which Matters she managed so wisely, that even the King of Spain himself was deceived thereby, i● perhaps his Dread and Hatred of the Scots (the ancient Allies of France) did not prevail with him to favour Elizabeth, even though she should prove a Protestant, rather than see the English Crown placed on the Queen of Scotland, who had espoused the Interests of France, and was inseparably linked to them. Nevertheless, it must be confessed, That the Statesmen of that time, whose Interests and Designs were Popish, were much overseen, and did not build their Conjectures upon Reasons that were any thing solid; for it was Elizabeth's greatest Interest to regard her own Legitimacy; and it was notorious, that by marrying King Philip, her Sister's Husband, she must justify by her own example, the Marriage of Henry the Eighth with his Brother's Wife; and by submitting to the Authority of the Pope, she must, at least tacitly, allow his Dispensation for the Marriage of Henry the Eighth and Princess Katherine; both which things would by consequence bastardise her, and render her Reign and Life precarious. The Papists quickly perceived their Oversight, and to redeem that Error, fell into a worse, and refused to Crown their Sovereign, whom they had but a little before unanimously Proclaimed; but at length it was performed by Doctor Oglethorp, Bishop of Carlisle, on Sunday the twenty fifth of January 1558. Thomas Earl of Sussex was Lord Deputy of Ireland, and with an Army of one thousand three hundred and sixty Foot, and three hundred and twenty Horse had kept that Kingdom for some time in a more peaceable and quiet condition than usually; him the Queen continued for a while, and sent him Instructions written by Sir William Cecil's own hand (viz.) That a new Survey should be made of all Lands Spiritual and Temporal, and no Leases to be made but on the best Survey. Secondly, Lib. C. The Leases for Customs of Ports not to be renewed without increase of Rent. Thirdly, Leix, Offaly, Iris', Glanmaliry, and Slewmarge, to be distributed according to Act of Parliament, to Tenants and their Heirs Males. Fourthly, The Exchequer to be regulated according to that of England, and a Book about the Methods of the Exchequer, Signed by the Queen, and subscribed by the Officers of that Court, was sent to the Deputy; but not long after he was recalled; and thereupon the Council elected Sir Henry Sydny, Lord Deputy, whose Government was something troublesome by means of Shane O Neal, who took upon him the Name of O Neal, and disclaimed the English Jurisdiction, because by the Laws of England he could not inherit; for Henry the Eighth had given the Earldom of Tyrone to Con O Neal, with Remainder to his Son Matthew, whom, for the present he made Baron of Dungannon, as hath been already related. This Con had two Sons, Matthew and Shane; but Shane alleging that Matthew was a Bastard, and the Son of a Smith of Dundalk (as indeed he had been reputed for fifteen years) did claim the Inheritance; and having murdered his Brother Matthew, and imprisoned his own Father, who thereupon died with grief, he set up for himself, and broke out into Rebellion. The Lord Deputy marched to Dundalk, to fortify and defend the English Pale, and sent for Shane O Neal (who lay at a House of his six Mile from Dundalk) to come to him thither; but Shane desired to be excused, and prayed that the Lord Deputy would be pleased to be his Gossip, and that then he would come and do all that should be requisite for her Majesty's Service; and though this seemed dishonourable, that the Deputy should be Gossip to a Rebel before Submission, yet the necessity of the Queen's Affairs required it, and therefore he consented, and on the last day of January he and James Wingfield Christened the Child. After the Solemnity was over, the Deputy expostulated with Shane about his Rebellion; O Neal alleged the Bastardy of Matthew— and that Con's Surrender was void, because he had but an Estate for Life in his Principality, nor could have more by the Law of Tanistry, nor could surrender but by consent of the Lords of his Country, and that even by the English Laws the Letters Patens were void, because there was no Inquisition taken before they were passed, nor could there be any Inquisition till Tyrone were made Shire-ground; That he was elected O Neal by the Country according to custom, and that he is the legitimate Son and Heir of his Father, and that his Title to all he claims, is by Prescription. The Deputy replied, That the Matter was of great moment, and that he doubted not but that the Queen would do what was right and just; and therefore advised him to a quiet and loyal Deportment till her Majesty's Pleasure were known, and so they parted in a friendly manner; and by this means Shane O Neal continued pretty quiet during this Deputy's Government; but on the twenty seventh of August Thomas, Earl of Sussex, 1559. Knight of the Garter came over, Lord Lieutenant, Lib. C. says Burlace; Lord Deputy, says the Statute-Book; He arrived at Bullock, and was sworn in Christ-Church, on the thirtieth day of August. His Instructions bear Date the tenth of May, and are to this effect; First, That the Army (or rather Garrison) shall be three hundred twenty six Horse, eight hundred sixty four Foot, and three hundred Kern. Secondly, That Port-Corn shall be reserved towards victualling the Army. Thirdly, That he endeavour to People Ulster with English, and to recover Locale, Newry, and Carlingford from the Scots, and to recompense Sir Nicholas Bagnal for his Interest in Ulster. Fourthly, Lib. H. That Mac Cartymore be ordered to hold his Estate after the English manner, as the Earls of Thomond and Clanrickard do. And he had also other Instructions to him and the Council, to set up the Worship of God, as it is in England, and to make such Statutes next Parliament as were lately made in England, mutatis mutandis, and to dispose of Leix and Offaly to the best Advantage of the Queen and the Country. This Lord Deputy held a Parliament at Dublin, on the twelfth day of January, which enacted the following Laws; and then was dissolved on the twelfth of February. First, That the ancient Jurisdiction over the State Ecclesiastical and Spiritual be restored to the Crown— And Foreign Authority abolished; and that the Acts of Appeals and Faculties be revived; and also as much of the Act of Marriage as concerns Consanguinity— And the Act of Repeal made the 3 and 4 Philip and Mary repealed— And an Act of 3 and 4 Philip and Mary, to revive three Statutes concerning Heresy; and the three Statutes therein named be repealed, except so much thereof as concerns Praemunire— And that the Queen and her Successors may appoint Commissioners to exercise Ecclesiastical Jurisdiction— And that all Officers and Ministers Ecclesiastical or Lay, all Ecclesiastical Persons, and every one that has the Queen's Wages, shall take the Oath of Supremacy, on pain of losing his Office— And shall be uncapable to take any Office Ecclesiastical or Temporal, if he obstinately refuses the Oath tendered to him— He that sues Livery or takes Orders, must take the Oath— And a Penitent, upon taking the Oath, shall be restored to his Office of Inheritance. He that shall extol, maintain or advance Foreign Jurisdiction, shall for the first Offence lose his Goods; and if they be not worth twenty Pound, than a Years Imprisonment without Bail besides; and if it be an Ecclesiastical Person, shall likewise lose all his Benefices, and the second Offence to be Praemunire, and the third High-Treason, provided the Prosecution for Words be within half a Year after the speaking: Nothing shall be adjudged Heresy but what has been so by the Scripture, first four General Councils, or some other General Council, by express Words of Scripture, or shall be by Act of Parliament— That there must be two Witnesses— And that no Man be esteemed as Accessary till two Witnesses prove he knew the guilt of the Principal before he relieved him, etc. Secondly, An Act for Uniformity of Common-Prayer. Thirdly, An Act for Restitution of the First-Fruits and twentieth part of Spiritual Benefices to the Crown. Fourthly, An Act for consecrating Archbishops and Bishops. Bramhal, 438. And it is observed by Archbishop Bramhal, That no Papists ever did or could make the least Objection against the Ordination of the Protestant Bishops in Ireland: For besides that, Archbishop Brown, (the first Protestant Bishop in Ireland) was ordained by the Bishops of Canterbury, Rochester and Salisbury, and many of the Irish Bishops were ordained by Brown: The very Popish Bishops did assist at the Consecration of most of the Protestant Bishops, and complied with the Government, and kept their Sees until they had sacrilegiously betrayed the Church, and alienated most of its Possessions, one Bishopric being left so poor that it had but forty Shillings per annum, Ware, de Praesulibus, 27. and another but five Mark— Thus Loftus Archbishop of Armagh was consecrated by the Popish Archbishop Curwin; Ibid. 128. & 59 Thomas Lancaster, the first Protestant Bishop of Kildare, Ibid. 148. was consecrated by Archbishop Brown; and John Merriman, Ibid. 188. the first Protestant Bishop of Down and Connor, was consecrated by Lancaster, when Primate; Bale, Bishop of Ossory, was consecrated by the Popish Bishops of Armagh, Kildare and Down; Casy, Bishop of Limerick was consecrated by Archbishop Browne, assisted by the Popish Bishops of Kildare, Ferns and Leighlin, etc. Fifthly, An Act of Recognition of the Queen's title. Sixthly, That it be Praemunire to say the Queen has no Right to the Crown, and Treason to write it. Seventhly, That the Priory of S. John of Jerusalem be united to the Crown. The Parliament being dissolved the Deputy went immediately to England, to give an Account thereof, and by the Queen's Orders substituted Sir William Fitz Williams, 1559. Lord Deputy; he was sworn in Christ Church on the fifteenth of February, and his Patent bears date at Westminster the eighteenth day of January, 2 Eliz. In his time Shane O Neal broke out again into Rebellion, Cambd. 121. and overthrew O Reyly in the Field, and took Calagh O Donel (Lord or Chief of Tyrconnel) Prisoner together with his Wife and Children, and afterwards lived with her in Adultery and kept her by Force, and he seized upon O Donel's Castles, Lands and Goods, and in all things behaved himself as King of Ulster: 1560. And about the same time Money, which in King Henry the Eighth his Days was much debased, was raised near to the intrinsic value, and Sterling Money was stamped, but it was made currant at a fourth part more than it passed for in England, so that an English nine Pence was twelve Pence Irish, and so it continued until the Year 1601. when her Majesty's vast Expense in Ireland forced her (by the Advice of the Lord Buckhurst) to mingle Brass with the Silver, which was therefore called mixed moneys, but the Government then was so steady, that the Soldiers suffered it without Mutiny, although it was of infinite Prejudice to them. But to proceed, Thomas Earl of Sussex came over again Lord Lieutenant, 1560. I suppose in April, for on the seventh of May the Queen sent him Orders, to persuade the Earl of Kildare to go to England; and that the Queen would lend him Money in England on his Bond; and if the Earl refused, than the Lord Lieunant was to show him the Queen's positive Commands to that effect; and if he still declined the Voyage, than the Lord Lieutenant was to apprehend him. This Lord Lieutenant brought with him new Instructions, Lib. C. 1. To build Castles in Leix and Offaly, and to people those Countries, by granting Estates to the Planters, and their Heirs Males. 2. To settle Ulster, and to admit Surleboy, Tenant to the Lands he claims in Fee, binding him to contribute to the Public Service. 3. To reduce Shane O Neal by force or otherwise. 4. To invest the Baron of Dungannon in the Earldom of Tyrone, if the Lord Lieutenant think fit. 5. To apprehend the O Brian's that oppose the Earl of Thomond. 6. To make the Clerk of the Council Secretary of State. 7. To make a Statute of Uses next Parliament. 8. To grant Estates Tail by Patent to all the Irish that will surrender. 9 To reserve the best Rent that was at any time heretofore reserved on the Crown Leases, and the Tenant to find a Horseman for every forty Pound Rent, and a Footman for every six Pound thirteen Shillings and four Pence, and if any Lease be voidable, to let the Tenant renew, increasing his Rent according to the best Survey. 10. To augment the Revenue in granting of Wards, and making them sue Livery; and to collect and print the necessary Statutes. It seems this Lord Lieutenant managed his Affairs well in Ulster, 1561. although the Particulars are not recorded any where that I could find, Lib. ●. for on the sixth day of January Shane O Neal made his Submission to him; and thereupon, on the twenty second of the same Month he went to England, leaving Sir William Fitz William's Lord Justice, 1562. who was sworn on the second Day of February, and continued until the twenty fourth day of July; and than Thomas Earl of Sussex, Lord Lieutenant, returned again; and finding that the inconstant Shane O Neal had apostatised into Rebellion, he prepared as fast as he could to reduce him to Obedience, but the Winter approaching so near, he was forced to adjourn his Design till the Spring; and then, on the first day of April he set forward, 1563. and on the ninth there happened a Fray between some Kirne in his Camp, to the Slaughter of two or three of them, but the Lord Lieutenant, by his Authority, composed that Matter. On the thirteenth of April the English discovered an Ambush, laid by Shane O Neal; and fell upon them, so that one and twenty of the Rebels were killed. On the sixteenth the Lord Lieutenant passed over the Blackwater, and took a Prey of two hundred Kine: And on the twenty sixth he came back to Dundalk. On the first of June he advanced again to Dungannon, and quartered there; and the next day came to Tulloghoge; and understanding that O Neale and his Party were in a Fastness not far off, the English attacked them, and drove them farther into the Woods: And on the third of June the English took eighty Cattle and killed four or five Rebels: And on the fourth the Army returned to Armagh: And on the sixth day of June they took a Prey of three thousand Kine, and one thousand five hundred Garons and Mares, which were divided among the Soldiers▪ and so the Army returned to Drogheda. Hereupon O Neal being shrewdly terrified, Cambden, 121 and being also advised by the Earl of Kildare, made his Submission to the Lord Lieutenant, and promised to do the like in England; which he performed in the presence of the Ambassadors of Sweden and Savoy; and upon his, Promise of amendment he was taken into Favour, and the Queen gave him some Presents, and lent him two thousand five hundred Pound; and ordered Sir Thomas Worth and Sir Nicholas Arnold, whom she sent Commissioners into Ireland, to establish a College at St. Patrick's Church, etc. to make an Enquiry about a Complaint that O Neal had made, That one John Smith had designed or attempted to poison him. After his Return home, he behaved himself civilly and loyally for some time; he assailed the Scots, and slew their Captain James Mac Conal, and drove them out of Ulster; he protected the poor from Injury, and was orderly in every thing except his Tyranny over the Lords and Gentlemen of Ulster, whom he challenged to be his Vassals. Whereupon, Macguire and others complained to the Government; but O Neal disdaining to have his Princely Claim tried in a Court, grows enraged at Macguire, for putting the Dilemma upon him, either of running into Rebellion again, or submitting his Title to the Lord Lieutenant's determination, 1564. and in this Fury O Neal invades Fermanagh, expels Macguire, burns the Cathedral Church of Armagh, and besieges Dundalk; but the Valour of the Garrison preserved the place, till William Sarsfield Mayor of Dublin, and a choice Band of Citizens raised the Siege; nevertheless O Neal spoiled and wasted the adjacent Country. The Lord Lieut, to revenge this, proceeded briskly against O Neal; Burlace, 126. but before he could bring his Designs to perfection, he was recalled; in his time the Country of Annaly was made Shire-Ground, and is called the County of Longford, and Connaught was divided into six Counties, Clare, Galwey, Sligo, Mayo, Letrim and Roscomon; he also erected a kind of a Post-Office for the better Correspondence between England and Ireland: Holingsh. 114. And yet there are some, who (not without probability) attribute these good Works to Sir Henry Sydny. On the first of February there happened a bloody Conflict between the Earls of Ormond and Desmond, Lib. P. at Athmean or Affane in the County of Waterford, where the latter lost two hundred and eighty of his Men; but not long after the Lord Lieutenant was recalled, and Sir Nicholas Arnold, 1565. Lord Justice, was sworn the twenty fifth of May, and had an Army, or rather a Garrison of fifteen hundred and ninety six Soldiers; with which he made a shift to keep what he had; but he did not enjoy that Honour long, before Sir Henry Sydny, Knight of the Garter, Lord Precedent of Wales, came over Lord Deputy; he Landed on the thirteenth of January, and was sworn the next Sunday after, being the twentieth; he was received with great joy, being a Person, of whose excellent Government that Kingdom had long Experience; and when he received the Sword, he made an eloquent and pithy Speech, to this effect; setting forth what a precious thing good Government is, and how all Realms, Commonwealths, Cities and Countries do flourish and prosper, Hooker, 111. where the same is orderly, in quiet Justice and Wisdom directed and governed. Secondly, What a continual Care the Queen's Highness hath had and yet hath, not only for the good guiding and ruling of the Realm of England, but also of Ireland; which she so earnestly desireth and wisheth to be preserved, as well in Peace as in War: That she hath made great Choice from time to time, of the most Grave, Wise and Expert Counsellors for the one, and the most Valiant, Skilful and expert Men of Arms for the other. That both in Peace and Wars, the public State of the Commonwealth, and every Member therein might be conserved, defended and kept in Safety under her Government. And for the performance thereof, her Majesty over and besides the Revenues of the Crown of Ireland, did yearly far above any of her Progenitors, expend of her own Coffers out of England, great Masses of Money amounting to many thousand Pounds: All which her excessive Expenses and continual Cares, she made the less Account of, so that her Realm and Subjects of Ireland might be preserved, defended and governed. Lastly, Notwithstanding her Majesty might have made better Choice of many others, who were better able to hold her Place in this Realm, both for Honour, Wisdom and Experience; yet her Pleasure was now to cast this heavy Charge and Burden upon him: Which he was the more unwilling to take upon him, because the greater the Charge was, the more unable and weak he was to sustain the same; nevertheless, being in good hope, and well promised of her Highness' Favour and Countenance in his well-doing, and having his Confidence in them, her Highness' Counsellors assciated to him, to join Aid, and assist him in this Government, he was, and is the more ready to take the Sword in Hand, in hope that this his Government shall be to the Glory of God, the Honour of her Majesty, the Benefit of the Commonwealth, and the Preservation of the whole Realm, and People of the same: And so making his earnest Request to the said Lords present, for their conjoining with him, and the aiding and assisting of him in this her Majesty's Service, he made an end of his Speech. This Lord Deputy brought with him Instructions, Signed by the Queen, on the Fifth day of October 1565, and were to this Effect; First, That a Privy Council be named, and established, and sworn before the Lord Deputy, as is usual; and he was directed to consult and use their Advice, and they were to respect and reverence his Quality, and both to conspire the Good of the Realm. Secondly, Hooker, 111. That Religion and Knowledge of the Scriptures should be propagated and encouraged by Doctrine, Example, etc. And the Church-Lands and Estates preserved from Waste and Alienation. Thirdly, That the Law be administered uprightly, and insufficient Judges and Officers removed, and a Sheriff placed in every County. Fourthly, That the Army be kept orderly, not oppressing the Subject; that Musters be once a Month, and Enquiry made whether the Soldiers be Englishmen or not, and how paid. Fifthly, That Care be taken of the Revenues of the Crown. The Privy Council being sworn, they consulted the State of the Kingdom; which they found in this miserable condition; The Pale was overrun with Thiefs and Robbers, the Countryman so poor, that he had neither Horse, Arms, nor Victuals for himself; and the Soldier so beggarly, that they could not live without oppressing the Subject; for want of Discipline they were grown insolent, lose and idle; and which rendered them suspected to the State, they were allied by Marriage to the Irish, and intimate with them in Conversation. Leenster was harassed by the Tools, Birns, Kinshelaghs, O Morroghs, Cavenaghs, and O Moor; but especially the County of Kilkenny was almost desolate. Munster, by the Dissensions between the Earls of Desmond and Ormond, was almost ruined; especially Tipperary and Kerry; the Barony of Ormond was overrun by Pierce Grace, and Thomond was as bad as the rest by the Wars between Sir Daniel O Bryan and the Earl of Thomond. Connaught was almost wasted by the Feuds between the Earl of Clanrickard and Mac William Outer, and other losser Contests: And Ulster, which for some time had been the Receptacle and Magazine of all the Preys and Plundcr go●●en out of the other Provinces, and so was riches than the rest, was in open Rebellion under Shane O Neal. As for Religion, Hooker, 114. these was but small Appearance of it; the Churches uncovered, and the Clergy scattered, and scarce the Being of a God known to those ignorant and barbarous People; therefore for the present it was resolved to fortify the Pale against O Neal, and to remedy the rest of the Mischiefs as fast as they could Ormond and Desmond were now in England, bandying their Cause before the Queen and Council; but they differing in Matter of Fact, it was necessary to examine their respective Witnesses by Commission in Ireland; and upon return thereof, the Queen undertook to determine their Controversies, and the Earls were by Recognizances in Chancery of twenty thousand Pounds bound to stand to the Queen's Award. But whilst this was doing, Sullevan, 87. Sir John of Desmond, with great violence and outrage invaded and fired part of Ormond's Estate, and killed his Brother; which nevertheless did not hinder but that this Matter was afterwards appeased. Mac Carthy More, the Chief of that Name, a great Lord of Munster, went over to the Queen, and surrendered his great Estate unto her, which she reconveyed to him by Letters Patents; and when he had sworn Fealty, she paid the Charges of his Journey, and made him Earl of Glencar, and Baron of Valentia, on the twenty fourth day of June 1565. and on the eighteenth day of July O Sullevan Bear likewise took a Patent for his Estate, Lib. M. wherein was inserted a Proviso, That he pay such Rents and Services as are due to the Earl of Glencar. But that the Reader may perceive the Slavery of that Age and Nation, I will show him by what Services O sulivan More (who was himself a great Lord, and is by the Irish styled Prince of Dunkerran) held his Estate of Mac Carthy More: Which were as followeth; First, To aid him with his whole Strength on Summons, and to be the Marshal of his Army. Secondly, Every Arable Plow-land to pay five Gallow-glass or Kern, or six shillings eight pence, or a Beef for each, at the Election of Mac Carty More. Thirdly, That Mac Carty shall have half a Crown for every Ship that comes to Fish or Merchandise in O Sullevan's Harbours. Fourthly, To have Merchandizes brought thither at the same Rate as O Sullevan has his. Fifthly, To entertain Mac Carty More and his Train two Days and Nights at Dunboy, and at all other times he has occasion to travel that way, to entertain Mac Carty and his Body-Servants, and to quarter the rest on the Country. Sixthly, He is to send Horse meat to Pallid; for Mac Carty's Saddle Horses, and pay the Groom three shillings four four pence out of every arable Plow-land. Lastly, He must find the Hounds, Greyhounds and Spaniels of Mac Carty, whenever they come, and one shilling and eight pence per annum to the Huntsman out of every arable Plow-land. But to proceed; Shane O Neal was so much dissatisfied at the Nobilitating of Mac Carty, that he carried himself exceeding arrogantly, despising the English Titles of Honour; and to Commissioners that were sent to parley with him, 1566. he said, That though the Queen were his Sovereign Lady, yet he never made Peace with her but at her seeking: And, That she had made a wise Earl of Mac Carty More; but that he kept as good a Man as he: That he cared not for so mean a Title as an Earl: Hooker, 114. That his Blood and Power was better than the best; and that therefore he would give Place to none of them: That his Ancestors were Kings of Ulster: That he won Ulster by the Sword, and would keep it by the Sword: Which for some time he performed; but he kept it not long. The Queen sent Sir Francis Knolls, her Vice-Chamberlain, to confer with the Deputy about the Suppression of O Neal: He arrived at Dublin the seventh day of May, and they resolved the Service should be performed the following Winter, and that necessary Preparations should be made for it against that time. In the mean time, O Neal Rendezvouzed at his House, six Mile from Dundalk, and Mustered four thousand Foot, and seven hundred Horse, with which he besieged Dundalk; but the Garrison so valiantly defended it, that he was forced shamefully to raise his Siege; nor had he better Success at Whites-Castle; nevertheless he made Inroads and Incursions into the Pale, and did much mischief, though a small Brigade, appointed to watch his Proceed, did so gall and incommode him, that he was forced to return with shame and loss. But we must look back to July 1565; Davis, 63. at which time, the Army did not exceed twelve hundred Men, until Colonel Randolph, with seven hundred Soldiers, was sent from England to Derry, and there they entrenched, and kept themselves safe until the Lord Deputy (Sydny) came to them; and having stayed there six days, and put things in as good order as was possible, he left them fifty Horse under Captain Harvy, and seven hundred Foot, under Captain Cornwall, and a competent quantity of Ammunition, Victuals, and other Necessaries, and so returned through Tyrconnel and Connaught, to Dublin. But O Neal very well knew that he should not be quiet in Ulster, if he suffered that Garrison at Derry; and therefore, in October 1585. he encamped within two Mile of Derry with two thousand five hundred Foot, and three hundred Horse, and made many Bravadoes to entice and draw them out from their Garrison; and accordingly it happened, but with other Success than O Neal expected: For Colonel Randolph sallied out with three hundred Foot and fifty Horse, and having made an Halt on the Ground where he designed to fight, he there received the Enemy's Charge, and then fell upon them so suriously, that he soon put the Rebels to flight, and made them leave four hundred of their Companions dead on the Place, without the loss of one Man on the English side, except only the Colonel himself, who was there slain. Colonel Saintlow succeeded him in the Command of the Garrison, and lived as quietly as could be desired; for the Rebels were so daunted by the former Defeat, that they did not dare to make any new Attempt; 1566. but unluckily, on the twenty fourth day of April, the Ammunition took Fire, and blew up both the Town and the Fort of Derry, whereby twenty Men were killed, and all the Victuals and Provisions were destroyed, and no possibility left of getting more; so that the Soldiers were necessitated to embark for Dublin; only Captain George Harvy and his Troop, being loath to kill their Horses, took a resolution to march round through Tyrconnel and Connaught, and valiantly performed it; and although they were forced to march four days through an Enemy's Country, and were all that time pursued by a multitude of Rebels, yet they got safe to Dublin, to the great admiration of the Lord Deputy and Council. But Mr. Sullevan makes a pleasant Story of this, Sullevan, 84. and tells us, That Saint Columbus, or Columkille, the Founder and Tutelar Saint of Derry, was impatient at the Profanation of his Church and Cell by the Heretics, the one being made the Repository of the Ammunition, and the other being used for their Lutheran Worship; and therefore to be revenged on the English for this Sacrilege, the Saint assumed the shape of a Wolf, and came out from an adjacent Wood, and passing by a Smith's Forge, he took his Mouth full of red hot coals, and ran with it to the Magazine, and fiercely spit the Fire into the Room where the Ammunition lay, and so set all on fire, and forced the Heretics to seek for new Quarters. It seems that Shane O Neal had desired to have a Conference with the L. Deputy near Dundalk; to which the L. Deputy consented, and came accordingly on the 6th day of May, and stayed five days; but whether Shane O Neal's Mind was altered by this Accident at Derry, Irish Stat. 234. or what other Impediment he met with, I cannot find, but it is certain that he did not come, and that he gave the Lord Deputy a second Disappointment in July following. But whilst the Lord Deputy was hastening his Preparations to force O Neal to his Duty, he received alarms from Munster, That the Earl of Desmond was in the Field with two thousand Men, and that he designed to join O Neal, or give the Lord Deputy a Diversion in Munster; and it was true that the Earl of Desmond was in the Field with that Force; but his Design was to revenge private Injuries, which he pretended to have received from the Earl of Ormond, the Lords Barry, Roch and others; and therefore on the Lord Deputy's Summons he appeared at Dublin, and together with the Lords Dunboyne and Poer, he did according to Order, bring up one hundred Horse, and accompanied Sir Warham Saintleger, to guard the Borders of the Pale, whilst the Lord Deputy made the following Expedition to Ulster. The Lord Deputy, accompanied with the Earl of Kildare, 1566. and such others as he thought fit, did set out from Tredagh on the seventeenth day of September, and encamped that Night at Rosskeath, and so marched through Ulster to Galway, where he established Sir Edward Fitton Precedent of Connaught; and he also took the Castle of Roscommon, and left Thomas Lestrange and twenty Horsemen to garrison it, and then marched to Athlone, where he came on the twenty sixth of October, and there discharged the Army, and gave Order to build the Bridge of Athlone, Hooker, 116. In this Journey the Rebels never appeared, except once by a Wood near Clogher, where they had a small Skirmish, wherein several were hurt, but never an Englishman slain; Contra Cam. as also they appeared with a great Body of Men near Turlogh Lynogh's Castle called the Salmon, Eliz. 105. but made no attack. The Deputy in this Journey restored O Donel to the Possession of his Country, and particularly to the Castles of Ballyshanon and Donegal, and received his Homage by Indenture and Oath, reserving two hundred Marks per annum to the Queen, and a number of Men to every general Hosting in Ulster: He also received the Submissions of several that were weary of the Tyranny of O Neal, and restored Rosscommon Castle, which had been one hundred and forty Years in the Rebel's Possession, and took O Counot Sligo's Submission, and O Connor Donne's, Offlyn's, etc. all which yielded to pay Rend, etc. And so he retrieved to the Crown a County eighty Miles long and 48 Miles broad, without the Loss of one Man in Battle. The Army being dissolved at Athlone, the Deputy took care to place Garrisons in the Frontiers of the Pale: And it was well he did, for soon after the Deputy's Return O Neal, in ostentation of his Power, invaded the Pale, and wasted the Country with Fire and Sword; and at length besieged Dundalk, but was again repulsed with Shame and Loss. In the mean time the Deputy had ruined O Neal, without much fight, for he not only deprived him of the great Tract of Land aforesaid, but also of many of his Dependences, particularly of Macguire, a great Man in that Country; also Alexander xge and Mac Donel, and the Scots offered their Service against him on the one side, as O Donel did on the other: Nor was Turlogh Lynagh less troublesome to him than the rest. Besides, there were four Regiments in the Frontiers, that daily infested him: and the Deputy (who in Person made many Incursions into O Neal's Country, and continued about the Borders of the Pale to that intent) on the thirtieth day of December issued out of Tredagh, Irish Stat. 235 and took a Prey of two thousand Cows and five hundred Garrons, so that O Neal was distressed on every side, and brought to so low a Condition, that he once designed to come with a Halter about his Neck, and submit to the Deputy. But partly his Gild, and partly the Advice of his Friends, and the Hopes he had to persuade the Scots to his Aid, diverted him from that Resolution, and engaged him in a Journey to Clandeboy, where Alexander Oge and six hundred Scots lay encamped: And the more to ingratiate himself with them, he enlarged Surly Buy (Alexander's Brother) whom he had for some time kept Prisoner; but the Scots were as fly as he, and pretended very fair to him, Cambd. 121. till they had got him and O Donel's Wife, and their Attendants into their Power, and then, in Revenge of the Death of the aforesaid James Mac Conel, and the Injuries he had done the Scots anno 1564. and in Expectation of a Reward from the State, they fell upon and murdered Shane O Neal and all his Company, on the twenty second of June, 1567. and sent his Head to the Deputy, 1567. pickled in a Pipkin; and it was afterwards set upon a Pole, on the Top of the Castle of Dublin. This Shane O Neal was a cunning, subtle Man in his way, but he could not write, or speak English but very Imperfectly; Hooker, 113. he was so great a Sot, that he had at once two Hundred Tun of Wine in his Cellar at Dundrun; whereof, and of Vsquebagh, he would drink to that excess, that to cool him, he would be put into a Pit, Cambd. Eliz. 106. and the Earth cast round him up to his Chin, and so he remained, as it were buried alive, till his Body were in better Temper. This Shane O Neal is recorded to be the proudest Man upon Earth; he pretended to be King of Ulster, and had six hundred Armed Men for his Guard, and had ready for the Field four thousand Foot, and a thousand Horse; he trained up his Tenants to the Use of Weapons, and claimed a Superiority over all the Lords in Ulster. But we must look back to the Year 1566, and we shall find, That the Earl of Desmond, notwithstanding the Defeat given him by the Earl of Ormond, by Drumelin, continued his Outrages, so that about Christmas the L. Deputy received Orders from the Queen (grounded upon the complaints of the E. of Ormond) that he should immediately march into Munster, and take some course with the Earl of Desmond; and accordingly the Lord Deputy marched in January with some Troops for his Guard, and stayed three Months in Munster; and having heard the Complaints made against the Earl of Desmond, and his Defence, he adjudged the Matter against that Earl, and made an Order, that Desmond should make amends for the Trespasses he had committed; which Desmond refusing to do, the Deputy had him apprehended and imprisoned at Kilmallock, and by the help of three hundred Citizens from Limerick, had him safely conveyed to that City, where he was Indicted of High Treason, for Levying War against the Queen, and his Brother John was Knighted, and made Seneschal of Desmond, and for a while behaved himself so well, that in three months' time he made reparation to the People his Brother (the Earl) had injured, to the value of three thousand Pounds; nevertheless the Earl of Ormond was not pleased with this Preferment of Sir John Desmond, as one who plainly foresaw, that he would in time prove as troublesome as his Brother. But the Lord Deputy being tired with the Complaints of Oliver Sutton, a Gentleman of the Pale, against the Earl of Kildare, and others, and the Accusations preferred by the Lady of Dunboyn, Mac Brian Ara, Oliver Fitz Girald, and others, against Sir Edmond Butler, and Pierce his Brother, was an earnest Suitor, That a Lord Chancellor fitly qualified might be sent over to determine some of those Differences; and accordingly Dr. Weston, Dean of the Arches, was made Lord Chancellor, and arrived at Dublin in July, 1567. and executed that Office, to the great ease of the Lord Deputy, and to the satisfaction of the People: He also brought Letters, advising the Lord Deputy to take care that Shane O Neal's Son (who was Hostage for his Father's Loyalty) should be safely kept in the Castle of Dublin, which now, upon the Death of Shane, was diligently observed. The Lord Deputy sent a Messenger to the English Garrisons, with the News of Shane O Neal's Death; and immediately marched to Ulster, and encamped in the Heart of the Country, and there Turlogh Lynogh, and the rest of the Competitors for the Captainry of Tirone, came to him, and made their Submissions, and most of the Gentry of Ulster did the like: And so the Deputy having settled that Province as well as was possible, after many pithy Exhortations to Peace and Obedience, and a Promise to send Commissioners amongst them to decide all Controversies, except those relating to Homicide and freehold, he returned to Dublin with the applause of the People; and at Dublin he received the Submission of the O Reylyes, by Indenture, on the twenty eighth of November, and about the same time beautified the Castle of Dublin with stately additional Buildings, which yet remain. But howsoever these good Services were relished in Ireland, where the Fruits of them were felt and perceived, yet in England they were so little regarded, that no mention was made of them in any of the Public Dispatches; but on the contrary, the Public Letters to the Deputy, were full of Reprimands and sharp Reflections, because of the Insolences of the Earl of Desmond; and therefore the Lord Deputy did endeavour his own Revocation; and at length prevailed to get Licence to go for England; he carried with him the Earl of Desmond, the Baron of Dungannon, O Connor Sligo, O Carol, and others: When he came to Hampton-Court, with two hundred Gentlemen in his Train, it happened that the Queen was looking out at the Window, Hooker, 118. and seeing such a Multitude, she was thereat surprised, until she was told, it was the Lord Deputy of Ireland; and then she replied, It was well enough; for he had two of the best Offices in the Kingdom. And being come in, he was well received for the present by the Queen; but after a while, was told by some of the Courtiers, That the Scussle in Ulster was not worthy to be called a War, since the principal Rebel (Shane O Neal) was but a Beggar and an Outlaw. However, the Earl of Desmond and O Connor were clapped up in the Tower, and Sir John of Desmond was sent for, and imprisoned in the same place. But O Connor, Lib. L. by Indenture made his Submission to the Queen, Lib. H. and thereupon was enlarged; and the next Year, viz. the twelfth of July 1568, the Earl of Desmond submitted in most humble manner, and laid all his Estate at her Majesty's Feet, and promised to convey what part she should be pleased to take of it, and acknowledges to have forfeited a Recognizance of twenty thousand Pounds, which he had formerly made to the Queen, as hath been already related. But when Sydny went to England, he left Doctor Weston, Lord Chancellor, and Sir William Fitz-Williams, Treasurer at Wars, Lords Justices by Commission under the Great Seal of Ireland, Dated the fourteenth Day of October: In their time, private Quarrels did swell almost into public Wars; for not only Sir Edmond Butler and Pierce Grace did invade Oliver Fitz Girald's Territories with great Fury, but also the O Connors and O Mores (who were Proclaimed Traitors) did now appear in the Field with a thousand Gallowglasses, and threatened to spoil O Carol's Country and to burn Kilkenny, and the Defendants, being in no good condition to resist, did in vain importune the Government for Assistance. Moreover, Daniel Mac Carty More, despising his Title of Earl of Glencar, assumed the Title of King of Munster, and having confederated with O Sullevan More, Mac Swiny, and others; he invaded the Lord Roche's Country with Banners displayed, and destroyed all the Corn, together with seven Hundred Sheep, and killed many Men, Women and Children, and carried away fifteen Hundred Cows, and an Hundred Garrons. Nor was the Contention less between James Fitz Maurice of Desmond, and the Lord of Lixnaw; And there happened another barbarou accident that was more surprising than any of the rest; for one Maurice Gibbon, alias Reagh, who was by the Pope's Bull appointed to be Archbishop of Cashell, had the Confidence to come to James Mac Caghwell, who for some time had been Archbishop of that See, Ware, de presul. 172. and to demand Possession, which being refused, the barbarous Villain stabbed the Archbishop with a Skein, but it so happened that the Archbishod recovered, and Maurice made his escape into Spain. In Ulster, Cambden, 121. Turlogh Lynogh had assumed the Name of O Neal, and in an Encounter with the Scots had killed Alexander Oge, but it seems that quarrel was appeased, and one Thousand of the Scots took Pay under Turlogh, and invaded the Ferny contrary to Articles. In Connaught there was a new Broil between Mac William Oughter, and O Connor Sligo, about a Rent in Eyter Conaught, and in Thomond there were great Contests between the Earl and O Shaghaness, and in this disorderly and tumultuous Condition stood the Kingdom of Ireland, 1568. when in September Sir Henry Sydny Lord Deputy landed at Carigfergus, he immediately sent for Turlogh Lynogh, who came to him, and confessed his Fault, and with the greatest Humility begged the Lord Deputies Pardon, which with great difficulty he at length obtained, but not until the Scots Hostages were first Executed. On the twentieth of October the Lord Deputy was Sworn at Dublin, and immediately he sent for Sir Edmond Butler, who upon several frivolous Pretences refused to come, but broke out into Rebellion, as shall be related hereafter. In the mean time the Proceed at Council-board will deserve a Paragraph in this History, and the rather, because a great and memorable Case was at this time agitated there, for Sir Peter Carew, (whose Ancestor had formerly been Marquis of Cork, and had great Possessions in several parts of the Kingdom) came over well recommended to Ireland, Lib. F. Lambeth. and resolved to endeavour the recovery of that great Estate, which was wrongfully withheld from him, and particularly the Barony of Idrone, in the County of Caterlogh, was detained by the Heirs of those whom one of the carew's had employed as his Steward, and had entrusted to manage that Estate; but Sir Peter being advised not to alarm the Irish, by beginning with them first, he did on the twenty ninth day of October prefer his Petition to the Council-board against Sir Christopher Chivers, for the Manor of Ballymaclethan in the County of Meath, and in the Petition he suggested that Chivers was so popular and powerful a Man in his Country, that there could be no indifferent Trial had at Common-Law, etc. Hereupon Sir Christopher was summoned, and when he appeared, he pleaded ore tenus to the Jurisdiction of the Council-board in this Matter; but Mr. Perriam gave three reasons why they might proceed. First, Because it was the common Practice to determine Causes at the Council-Table in England, and instanced the Case of one Colshul about an Office in the Exchequer. Secondly, That in cases of Extremity, as loss of Evidence, want of just Trial, etc. A Suit may be commenced before the Lord Chancellor, or at the Council-board; propter necessitatem, ne curia domini Regis desiceret in Justitia exhibenda. Thirdly, That there are innumerable Precedents of Causes determined at the Council-Table in Ireland; upon these reasons, the Judges, Dillon and Plunket were of Opinion the Board might proceed to determine this Cause, and afterwards the two Chief Justices concurred in the same Opinion, so that Chivers was forced to put in his Answer in Writing, which he did, but still it concluded to the Jurisdiction as before, and in his Plea he insisted on the Statutes of Magna Carta, cap. 11. and cap. 29. 25 Edw. 3. cap. 4. 28 Edw. 3. cap. 3. and 42 Edw. 3. cap. 3. But he likewise set forth his Title by Descent to part of the Lands in question, and made some other Title to the rest: The Court was angry with the Defendant for repeating his Plea to the Jurisdiction, after it had been so solemnly overruled, however they ordered the Plaintiff to reply, which he did, by abridging his Plaint as to the Lands Descended, and by a solid Answer to the rest of the Plea: But at length the Parties agreed among themselves, and Chivers for a small Consideration had a Release from Sir Peter; however Sir Peter afterwards on the like Petition recovered the Barony of Idrone from the Cavenghs, by the Judgement and Decree of the Lord Deputy, and Council. The Lord Deputy summoned a Parliament, which accordingly met at Dublin on the seventeenth day of January, 1568. 1568. The Deputy appeared in Robes of Crimson Velvet, lined with Ermine, and after an Eloquent Speech from the Lord Chancellor Weston, in commendation of the Law, and her Majesty's Government, the Commons departed to their House, and chose Stainhurst, Recorder of Dublin for their Speaker, who being approved by the Deputy, on the twentieth of January made his Request as is usual. First, For Privilege of Parliament, that the Members might come and go without Molestation. Secondly, for Freedom of Speech. Thirdly, That the Punishment of any Offender should be lest to the House; all which were granted, and the Houses adjourned to the next Day. But the Popish Party were dissatisfied that Sir Christopher Barnwel was not chosen Speaker, and therefore began to Mutiny, alleging, First, That several Members were returned from Towns not Incorporated. Secondly, That certain Sheriffs and Mayors had returned themselves. Thirdly, That several Members were returned, that were so far from being resident according to Law, that they did not know the Corporations that chose them: And after four days debate, and many high Words, the matter was referred to the Judges, and they approved of the two first Objections; but as to the third, they said that the return of non-resident might be Penal to the Sheriffs, but did not incapacitate the Member that was returned to sit in the House. But the Judges Answer (being reported to the House by the Speaker) did not at all please the Papists, and therefore Sir Lucas Dillon, who was Attorney General, was sent for to the House, to testify that it was the Judge's Opinion, and his also, that the Nonresident Members might sit in the House; Hooker, 120. but neither did this satisfy them: On the contrary when the Speaker ordered a Bill to be read, the Mutineers opposed it in a very dissorderly manner, and so it rested till the two Chief-Justices, the Queen's Sergeant at Law, Attorney-General and Solicitor, came to the House the next day, and affirmed their Opinions and Resolutions, as already mentioned. Nevertheless the Male contents (who were loath to part with their Irish Captainries and exactions) continued their endeavours to obstruct the Proceed of this Parliament, and opposed almost every Bill that was read, especially that of repealing poinding's Act, pro hac vice, and the Bill for an Impost upon Wines; but this had been tolerable, if their Behaviour had not been unruly, and unbecoming the dignity of that great Assembly. Hereupon my Author (John Hooker, Burgess of Athenry) stood up, Hooker, 121. and spoke to the Bill for the impost on Wine, and took an occasion to mention the great Charge the Queen was at for the Defence of the Kingdom, and the Protection of the Subject, and then reflected on the Rebellions and Ingratitudes of the Irish, because the former occasioned that vast Expense, and the latter hindered that Contribution which ought to supply it; he affirmed, the Queen might by her Prerogative have imposed Tonnage on Wine, but it would be more pleasing to her to receive it by their Consents expressed in an Act of Parliament; and concluded with a comparison of the Mutinies of the Irish against the Lord Deputy, to that of the seditious Israelites against Moses. The discontented Members were hereupon enraged against Hooker, and behaved themselves so tumultuously, that some of the Protestants found it necessary to guard him Home to Sir Peter carew's House, to prevent the violence they suspected or rather perceived to be designed against him, and the next day Sir Christopher Barnwell stood up in the House to speak to a Bill, but he pretermitted all that was pertinent, and instead of that, spent his discourse in Reflections upon Hooker, affirming that if Hooker's Calumnies had been uttered any where but in that House, they would all have died, rather than have suffered them; but he was at length interrupted by the Speaker, and told, That if he had any cause of Complaint, he should bring in his Impeachment regularly, and in writing; but it seems he did not think sit to do so, and these Heats cooling by degrees, the Parliament at length proceeded with good Success, and made these following Acts. I. That in lieu of Coin and Livery, and for the Queen's Assistance, she shall have a Subsidy of thirteen Shillings and Fourpences per Plow-land, for ten Years for every Plow-land, occupied or manured, Cross and Clergy-Land included, and a Commission to issue to ascertain Plow-lands,— and Dublin, Cork, Kingsale, and all privileged Places to be free from Subsidy for the Corporation Lands, and certain Gentlemen, for their Demean Lands,— and Coin, and Livery, Carting and Carriage to be suppressed. II. A limitation of places for Tanning Leather.— Repealed. III. A Confirmation of the Attainders, made by Parliament 28. Hen. 8. And of the Estates of the Patentees in the then forfeited Lands. iv That five of the best of every Tribe shall answer for all the Damages committed by any of their Family; and though this Act be since repealed, yet it was a very good Law at that time. V To revive the Acts of Forestallers, Servants Wages, and Jeofails. And so being adjourned to the twenty first day of February, they then met and Enacted, that Statutes concerning the good Governance of the Kingdom, and the augmentation of Her Majesty's Revenue may be made in this Parliament, non obstante, poinding's Act. And on the twenty third of February, the Parliament sat again and Enacted, I. The attainder of Shane O Neal, and the extinguishment of the name of O Neal, and that the Queen be entitled to the Country of Tyrone, and other Lands in Ulster. II. An Act to make Trinity-Term shorter. III. An Act to entitle Her Majesty to the Estate of Thomas Fitz Girald, Knight of the Glin. iv An Act for the Preservation of Salmon and Eeel-Fry. V An Act against laying Hemp, Flax, or Limed Hides in any fresh River, or running Water. VI That whereas Persons have been admitted to Ecclesiastical Dignities, which had neither Legitimacy, Learning, English Habit, or English Language, but were the Issue of unchaste, and unmarried Abbots, Priors, Deans, Chantors, and such like, getting into the same Dignities by Force, Simony, or other undue Means; therefore the chief Governor of Ireland shall for ten Years to come, have the sole nomination of all Deans, Archdeacon's, Chantors, Chancellors, and Treasurers, of Cathedral Churches in Munster, and Connaught, those of Waterford, Cork, Limerick and Cashell excepted, and no Man shall be presented, unless he be of full Age, and in Orders, and can read and speak English, and will reside. VII. That no Man take upon him to be Captain of a Territory without a Patent for it; or use any sort of Irish Exactions, on Pain of an Hundred Pound for a Lord, and an Hundred Marks for a Commoner. VIII. That no Bill to repeal poinding's Act shall be certified into England, until first it be agreed upon by a majority of the Parliament of Ireland. IX. That the rest of the Kingdom be divided into Shires. X. That no Wool, Flocks, Flax, Yarn, Sheepskins, Goatskins, Calve-Skins, or Deer-Skins unwrought, nor Beef, Tallow, Wax, or Butter shall be transported until it pay the Custom in the Act mentioned, and the petty Duties to Coporations in the Act likewise mentioned, on the Penalties therein contained; provided Prosecution be made within nine Months after the Offence committed. XI. An Act for the Impost on Wines. XII. That the Earl of Kildare's Brother and Sisters be restored in Blood. The Parliament was Adjourned to the twelfth of May, and then they met, and Enacted, 1. That Schools be erected in the Shire-Town of every Diocese, at the Costs of the whole Diocese, by the direction of the Bishop and the Sheriff, and the chief Governor shall nominate an English Schoolmaster, and appoint his Salary; whereof the Bishop shall pay one Third, and the Clergy the other two Parts; the Bishops of Armagh, Dublin, Meath, and Kildare, and their Successors shall name English Schoolmasters for their respective Dioceses. 2. That all Exemplifications under the Great Seal, and the Seals of the King's Bench, Common Pleas, and Exchequer, subscribed by the Lord Chancellor, both Chief Justices and Chief Baron, shall be as effectual in all Courts, as the Original Record; but it must contain a Clause that all those Seals are to it. 3. An Act about the Standard of Measures for Corn. 4. An Act impowering the chief Governor and Council to grant Patents to such of the Irish as the Queen shall direct. And then the Parliament was Adjourned to the fifth of December 13 Eliz. At which Session the Earls of Thomond and Glencar, who had reconciled themselves to the State, were present; and the Parliament made five Acts of no great importance, recited in the Statute-Book, from pag. 267. to pag. 279. But whilst the Lord Deputy and the Parliament were endeavouring the Prosperity and Peace of Ireland, by enacting good and wholesome Laws, others were as busy to countermine them, and to put all into Disorder and Confusion; for some of the loser sort of the Irish Lords were distasted to that degree, at the loss of their Captainries and Irish Extortions, as also at the Impost on Wine, that they resolved by force to rescind those Laws, or at least prevent the execution of them; and so making Religion their Pretence, they confederated together: James Fitz-Morris was the Bell-wether of this Flock, and the Ringleader of all this Mischief; he added to the general Grievances, the particular Injuries done to his own Family, by the imprisonment of the Earl of Desmond, and his Brother Sir John; and he inveigled the Earl of Glencar, by telling him, That the Queen was to be married to the Earl of Leicester; and that thereupon, the Lord Deputy (who married that Earl's Sister) was to be King of Ireland, and when the Earl of Glencar was once engaged, Mac Donogh, and many more of the Cartyes came in of course; and Fitz Girald, commonly called Seneschal of Imokilly, was as forward in this Rebellion as any of them; and although Sir Edmond Butler, who was Seneschal to his brother the Earl of Ormond, and consequently hated all the Family of Desmond, and had formerly pretended to serve against James Fitz-Morris: Yet partly, because he did not dare to appear before Commissioners sent by the Lord Deputy to Kilkenny, to examine and redress the grievous Complaints made against him; and partly for Zeal to the Catholic Cause, and Fondness of the Irish Usurpations, he sacrificed his private Resentments to the public Concern, and joined with the rest of the Rebels. The Confederates being resolved to make something of this Rebellion, if it were possible, sent the Titular Bishops of Cashel and Emly, Hooker, 130. and the youngest Brother of the Earl of Desmond, as their Ambassadors to the Pope and the King of Spain, to implore Aid and Assistance to rescue their Religion and Country from the Tyranny and Oppression of Queen Elizabeth. But the Lord Deputy was not idle; but assoon as he had notice of this Confederacy, he proclaimed them Traitors, and ordered Sir Peter Carew, Governor of Leighlin, to begin the War, which he did; and being accompanied by the Captains, Malby, Gilbert, Bassinet, and others, he took Sir Edmund's Castle of Cloghgriman, and gave the Spoil to the Soldiers; and thence he marched to Kilkenny, and upon intelligence that three thousand Men were within three Miles of that City, Sir Peter Carew sent Henry Davels to discover them; and being satisfied by him, that they were not above two thousand, he resolved to attack them; Captain Gilbert, and Davels, and twelve more began the Charge; which was well seconded by Carew, Malby and Bassinet, and the Success was accordingly; four hundred Gallowglasses being slain, without the loss of any English Man, Captain Malby's Servant only excepted. Not long after, James Fitz-Morris besieged Kilkenny, but both Garrison and Citizens behaved themselves so well, that Fitz-Morris was fain to execute his Malice on the Country-Villages and smaller Towns, and those he did not spare; particularly he rob old Falco Quiverford of Galan (who had been Servant to three Earls of Ormond) of two thousand Pounds in Money, Plate and Householdstuff, besides Corn and cattle. Another Party went to the County of Wexford, and at a Fair at Iniscorthy, committed most vile Outrages, ravishing Women, and killing or imprisoning every body they met with; nor did the Queen's County and Ossory far any better. The Lord Power's Estate, and the whole County of Waterford were in the same condition; and even the very County of Dublin had its share of Desolation. But the Confederates finding no Effects of their former Embassy, sent new Messengers to the Pope and King of Spain, and also solicited Turlogh Lynogh to procure the Aid of the Scots, and were so diligent, that nothing was left undone that might tend to subvert the Government, and clear the Country of all English Men and English Laws. The Earl of Ormond, then in England, troubled at the Disloyalty of his Brethren, offered his Service against them, and undertook to reclaim them by Persuasion or Force, and to that end, he arrived at Wexford the fourteenth Day of August, being the very Day of the aforesaid Fair at Iniscorthy. I should have mentioned▪ That Sir Warham Saint Leger was, anno 1566, made Precedent of Munster, and now, the Lord Deputy having notice that Sir Warham's Lady was (in her Husband's absence) much distressed at Cork, and daily threatened by the Irish, he resolved to march that way to relieve her, and with six hundred Men only he set out from Kilkenny, and came to Clonmel, and thence he sent to Waterford for a few Citizens, for three days, to assist him in his Passage over the Mountains; but that City obstinately insisted upon its Privileges, and refused to send any Men; however, Mr. Wise, and a few Volunteers, and some Seamen came to the Deputy, and were very kindly received, and the Disloyalty of the City was remembered at another time. In Clonmel the Lord Deputy was nobly Treated in the Town-House, which he requited by a most excellent Speech in commendation of Loyalty; and thence marched to Cashil, and in his March took a Castle, held by Sir Edmond Butler; and restored it to one Cantrel, who was the right Owner; 1569. and so he came to Cork, where he found four hundred Soldiers, newly arrived out of England, under the Command of the Captains Shute and Ward, as by his Letters to England, he had desired. From Cork, the Lord Deputy made a step into Kirricurry, and took the Castle of Carigoline; and afterwards he marched into Orrery, and took But●ivant, and so designed for Kilmallock; but James Fitz-Morrice got there before him, and took the Town by the help of scaling Ladders; and finding that he could not keep it, he burned and destroyed as much of it as he could. However, the Lord Deputy marched thither, and having given all the Encouragement that he could to repair and re-edify Kilmallock, he settled a Garrison there, of an hundred Horse, four hundred Foot, and some Kern, under Colonel Gilbert, who was made Governor or Colonel of Munster; and so having taken the Oaths and Hostages of the Lords, Roch, Courcy, Decyes, Power, and of Sir Cormock Mac Teige, and many other Gentlemen and Freeholders of the Counties of Cork and Limerick, he marched directly to the City of Limerick. The Earl of Ormond came to the Lord Deputy at or near Limerick, and brought with him his Brother Sir Edmond Butler, who, in the open Camp submitted to Mercy, acknowledging his Follies, and craving Pardon; and thereupon he was set at Liberty, upon the Earl's Recognisance for his appearance at Dublin; and accordingly he did appear there, on the sixteenth day of October, together with Pierce Butler, another Brother of the Earl's, and both of them were indicted of High Treason: However, it seems that Pierce was afterwards bailed; but Sir Edmond, being a Choleric Man, did reflect upon the Lord Deputy, and attributed all to his Partiality; and alleged that the Lord Deputy did threaten him, and would do him no Justice; and vented many more such passionate expressions, and therefore had not the favour of being bailed, but was committed close Prisoner to the Castle of Dublin; from whence, in a very short time after, he made a strange and hazardous escape, by the help of a small Rope, which broke within three yards of the ground, and so bruised him, that he could not go far, so that he was forced to stay all that cold Winter-Night up to the Chin in the Water, to prevent his Discovery: However, about three Months after, viz. on the last of February, the Earl of Ormond did again bring Sir Edmond, and the rest of his Brothers before the Lord Deputy and Council at Dublin, and there, after a short Commitment, and humble Submissions, they were all pardoned for the sake of the Earl, and perhaps by special Orders from the Queen, who by the Mother was related to this Noble Family, Cambd. Eliz. 138. and used to boast of the untainted Loyalty of the House of Ormond. In the mean time, Colonel Gilbert behaved himself so well in Munster, that the Earl of Glencar and his Follower Mac Donogh were forced to come to him, and to submit on their Knees, craving Pardon for what was past, and offering Hostages for their future Behaviour, and afterwards that Earl came to Dublin to a subsequent Session of the Parliament, and in the Presence-Chamber, and in Christ-Church made most Pathetical Submissions on their 〈◊〉 and were Pardoned; but the Colonel Gilbert (being 〈◊〉 his good Service Knighted at Drogheda the first of January 1569) got leave to go to England, and there he 〈…〉 a rich Widow, and was not long afterwards drowned, and thereupon Sir John Penott was Lord Precedent of Munster▪ In Leinster, Sir Peter Carew had reduced the Cavenaghs to that low Condition, that they were forced to submit to Mercy simply, and without Stipulation: and in Connaught Sir Edward Fitton by valour in the Field, and severe Justice in the Courts did so quail the stubborn Hearts of the Rebels, that his Province had but very little disturbance, except what was given by the Earl of Thomond, who could not brook the Severity of the Precedent; it seems he complained to the Lord Deputy before he entered into Rebellion; for on the twenty third of April, 1570. Lib. H. the Earl of Ormond was sent to treat with him, but that Treaty proving ineffectual, there ensued a smart Battle, or rather Skirmish, wherein the Earl of Thomond was worsted, Contra Barkers Chron. 343. and Cambd. and thereupon he fled into France, where he met with the English Ambassador (Norris) by whose means the Earl was pardoned, Eliz. 153. and afterwards proved a very good Subject, and did considerable Services to his Queen and Country. Turlogh Lynogh, whom I have already mentioned to have assumed the Name of O Neal, was about this time shot in the Belly with two Bullets out of a Caliver, by one of the Doniloghs, who was a kind of a Jester; he was at Supper with his Wife, Aunt to the Earl of Argile, when he received this Misfortune, and though the Wound proved not to be Mortal, yet it was so near it, that the Auxiliary Scots began to think of deserting him, 1570. and his own Country were in Factions about the choice of a new O Neal; Lib. H. however, he at length recovered, and made an attempt to invade the Pale, but the Scots dispersed for want of Pay, so that O Neal was glad to treat with Justice Dowdall, and the Dean of Armagh (the Queen's Commissioners) and they came to an Agreement in O Neal's Camp at Dungannon on the twentieth day of January, Lib. H. which was afterwards ratified by the Lord Deputy on the thirteenth day of March. On the eleventh of February, the O Feralls, or Ferells surrendered their Interest in the Annaly, or County of Longford, and took part of it back again at the Yearly Rend of an Hundred Marks, etc. The public Expense for three Years, viz. From Michaelmass 1565, to Michaelmass 1568, paid out of the Exchequer, amounted unto Eighty eight Thousand nine Hundred thirty eight Pounds, nine Shillings, and eleven Pence; whereof, I suppose at least one half was remitted from England, and yet the Lord Deputy was so Industrious in the Collection of the Revenue, that he got twelve Hundred Pound of Hugh O Donell for the Arrears of Rent due for many Years past, and the Queen was so intent on the Reformation and settlement of Ireland, that she sent over Robert Leeth a Surveyor, about the Year 1568, to make a true Survey, and an exact Map of that Kingdom. But Pope Pius the Fifth having by his Bull of the fifth of March, 1569. Cambd. Eliz. 146. ●ulminated his Excommunication against Queen Elizabeth, and as Mr. Sullevan says, pag. 70. deservedly deprived her of her Kingdoms, we must not expect any more quiet during her Reign, but that the bigoted Rebels, like Virginal Jacks will start up one after another, to disturb the Government of the Heretic Queen, and to rescue themselves from the English Laws, and the Protestant Religion, which are the two things they chief hated, and abhorred. In Munster they met with their Match; Sir John Perrot the Precedent was one that knew them well, he had experienced that they were like nettles, which stung most when they were gently handled, and therefore he squeezed them to purpose, and so haunted them from one fastness to another, 1571. that he gave them no rest, so that in a little time he brought James Fitz Maurice himself (who was the most valiant, and most zealous of all the Confederates) to submit simply to Mercy, without any Conditions, and on his Knees at Kilmallock to confess and lament all his Disloyalties, and the Lord Precedent by keeping Itinerant Courts of Justice, and using necessary Severity, soon brought Munster to that pass that the white Sheep kept the black, and the Traveller might safely keep his Road without Arms or Company; he also forced the Irish to conform to English Habit, and to leave off several of their barbarous Customs and Fashions; and he also brought the Irish Lords to contribute to the charge of the War. So that on the twenty sixth day of September, 1571. Lib. L. The following Lords and Gentlemen Covenanted with him to supply their respective Quota's for six Months, viz. Hor. Shot▪ Gallowgl. Kern Mac Cartymore 6 24 126 100 The Lord Barry 6 10 030 020 Mac Carty riah 8 10 040 050 Sr. Donough Mac Teige of Muscry. 6 10 020 040 The Lord Courcy 2 04 006 008 Mac Donough 4 08 020 030 And the Earl of Glencar was to command them, and in his Absence the Lord Barry; they were to divide what Preys they should get, proportionably with respect to their Contribution; and if there should be need of it, they were obliged to increase their Forces. It happened once, Hooker, 134. that Captain George Bourchier, third Son to the Earl of Bath, who served under Sir John Perrot, in Munster, was invited to a Gentleman's Castle to Supper, under pretence of Parley, and to use Bourchier's Mediation for his Pardon: The Captain not at all suspecting any Treachery, went thither according to the Invitation; but the Perfidious Host thinking that the Precedent would give him better Conditions for Bourchier's Liberty than he would for his Intercession, detained him Prisoner, and hand-locked him for some time, and probably until he obtained his Pardon and what else he desired. The Lord-Deputy received Letters of the thirteenth of December, giving him leave to return to England, and ordering him to substitute in his Place his Brother-in-Law, Sir William Fitz Williams, and accordingly he did set Sail on the 24th day of March, and left▪ Sir William Fitz Williams, Lord Justice, who was Sworn in April, 1572. in St. Patrick's Church in Dublin, and in January following, had a new Commission to be Lord Deputy. In his time, Brian Mac Cahir Cavenagh was very unruly, and under pretence of revenging some Injuries done him by Robert Brown of Malrenkam; Hooker, 135. he killed Brown, and insulted over all his Neighbours; but Sir Nicholas Devereux, and the People of Wexford not enduring his Insolence, resolved upon their own Defence, and at length it came to a smart Skirmish, wherein thirty Gentlemen of Devereuxes side were slain; but about two Years after, Brian submitted to the Government, and was Pardoned, and became a follower to Sir Peter Carew, and was not only Faithful to him, but also loved him to that degree, that on Sir Peter's Death, Brian pined away, and in a little time died also; he was the honestest and bravest of all the Cavenaghs, and was a younger Son of Cahir Mac Art, who was made a Baron for Life, by King Henry the Eighth. Conaught was disordered by the troublesome Sons of the Earl of Clanrickard, Hooker, 135. who could by no means endure the severe Government of Sir Edward Fitton, Precedent of Conaught, and therefore broke out into Rebellion, and hired one Thousand Scots to their Assistance: The Earl himself was then Prisoner in Dublin, and desired Liberty to suppress his Sons, and quiet the Country, and by advice of the Council it was granted him: but he did not perform what he had promised; however, the same thing was in a great measure effected by a stupendious Victory, obtained by Captain Collier, who with one Company of Foot defeated and killed most part of the thousand Auxiliary Scots. Camb. E●iz. 502. The Earl of Kildare, for a certain sum to be paid by the Queen, had undertaken to prosecute the O Mores, and to defend the Pale against them; but he did not so effectually perform it, but that the O Mores, Cambd. Eliz. 201. assisted by the O Connors, made several Incursions into the Pale, and burned Athloan, and did abundance of Mischief; and in Ulster, Bryan Mac Fylemy took and burnt Carrigfergus; and to these Misfortunes was added a greater than either of them, by the Death of the Lord Chancellor Weston, on the twentieth day of May 1573. 1573. On the ninth of July the Queen granted unto Walter Devereux (who not long before was made Earl of Essex) the Moiety of the Signiories of Clandeboy, Ferny, etc. And the Earl was by Indenture obliged to go thither before Michaelmas with two hundred Horse and four hundred Foot, and to maintain them for two years, and afterwards he was to keep as many Soldiers as the Queen should keep for the Defence of her Moiety, not exceeding six hundred, and no more; and it was agreed, that for the first two years the Queen would likewise keep two hundred Horse, and four hundred Foot, under the Command of the Earl: and that every Horseman Volunteer that will serve gratis for two years, shall have four hundred Acres of Land, and a Foot-Soldier two hundred Acres, at two pence an Acre Quitrent; and if any of them die within two year, the Heir may supply his room in six Months. It was farther agreed between them, That necessary Fortifications should be made at the equal Charge of the Queen and the Earl, and afterwards division should be made by Commissioners, and 〈◊〉 division, each might for twenty years build on her or his respective share, as they pleased. And the Earl was to have Timber out of Killulta Woods, and might for seven years transport the growth of the Country, without paying Custom; and for twelve years more should pay no more Custom than is paid in England; and he had liberty to transport Arms, Money, and all Necessaries out of England Custom-free, giving notice thereof to the Officers of the Ports. Each might dispose of five thousand Acres as they please; but more than that quantity was not to be given to Irish or Scots. The Earl was to be Captain-General for seven years, and was to plant his Part as well as the Queen should hers, until there should be a thousand English Inhabitants on each Moiety. And so being made Earl-Marshal of Ireland, he set about the necessary Preparations for his Irish Voyage, and to that end borrowed ten thousand Pounds of the Queen on a Mortgage of his Lands in Essex. But the Lord Deputy being unwilling to have any body independent on him in that Kingdom, especially so great a man, clothed with such a large Authority, and accompanied with such considerable Forces, gave all the opposition he could to this Noble Undertaking of the Earls, until at length this Medium was found out, That the Earl of Essex should take a Commission from the Lord Deputy to be Governor of Ulster; wherewith both Parties were satisfied, or at least they acquiesced in the Expedient. In the mean time, Mr. Edward Tremain was sent over to the Lord Deputy: 1. To know why he desired so earnestly to return to England. Lib. c. 2. To inquire what was the yearly Charge of that Kingdom; what number of Men in Pay, and how disposed of; when any were disbanded, or dead, and when their rooms supplied, and how many more there be than was appointed in March was twelvemonth. 3. To know what has been received of the Impost of Wines since Michaelmas last, and what is in Arrear; and if he could not discover it, then to move the Deputy to certify the Quantum of each. 4. To know of the Deputy and Lord Precedent in what state Munster is, and how to be preserved. 5. To know what is done or intended to be done with Desmond and his Brother John, and how their Creditors in England, shall be paid. 6. To inquire how Connaught stands, and how the Castles of Athlone and Roscomon are, and the condition of the Earl of Thomond and Clanrickard and his Sons. 7. To inquire into the Outrage committed against Sir Barnaby Fitz Patrick, and the taking away his Wife and Children, and how the Offenders are punished, and how the Birns and Cavenaghs stand affected. 8. To tell the Deputy, that the Earl of Essex, with two thousand Men, will in August next come to inhabit the forfeited Lands in the Glins Routs and Clandeboy; that in the mean time the Deputy guard the Frontiers of the Pale that way, and Publish, that Essex comes to repel the Scots, and not to hurt the Irish. 9 To tell the Deputy not to raise more Forces; but if his Ormond's and Kildare's Forces are not sufficient against the O Mores and Connors, to borrow two or three hundred from Essex for that Expedition, and pay them. 10. To preserve the Corn, etc. in the Ardes till Essex comes. 11. To know why he gave Commission to Sir John Perrot to sell Marul's Ship, wherein was Goods of all Nations. The English had a very hopeful Prospect of the Earl of Essex's undertaking in Ulster; so that many Persons of Quality, and abundance of Gentlemen concerned themselves in the Expedition; The Lords, Darcy and Rich, Sir Henry Knowles, and four of his Brothers, Michael Carves, and his Brother John and Henry, William and John, three Sons of the Lord Norris, and many others, accompanied the Earl in this Voyage, and they Landed together at Carrigfergus in the latter end of August 1573; and assoon as they Landed, Bryan Mac Phelimy waited on the Earl, and in most submissive manner tendered his Duty to the Queen, and his Service to Essex; but assoon as he perceived that the Earl's Forces were not so considerable as was reported, he presently apostatised, and joined in Rebellion with Turlogh Lynogh. About the same time, or rather a year sooner, Sir Thomas Smith sent his Natural Son, together with one Chatterton, to make a Plantation in the Ardes; Cambd. Eliz. 190. but young Smith was murdered by Neal Bryan Artho (who was afterwards killed by Sir Nicholas Malby) and so that Design became unsuccessful: and the Earl did not speed much better; for after the Expense of much Treasure, and a years time, he returned to England. This year the Money sent by the Queen into Ireland, Lib. H. since she came to the Crown, was computed, and it amounted to four hundred and ninety thousand, seven hundred and seventy nine Pounds, seven shillings, and six pence halfpenny; and the Revenue of Ireland, in the same period of time, came to no more than one hundred and twenty thousand Pounds. It is reported of Bryan Mac Fylemy, that he had thirty thousand Cows, besides other cattle; and it is certain that the Lord Rich, within a Month after he came to Ireland, returned to England on his private Occasions; and Henry Knolls was by Sickness forced to do the like; and many others, upon frivolous Pretences left the Earl of Essex, and went back to England; Cambd. Eliz. 202. besides, his Soldiers were raw, and it was late in the Year, and his Commission was not yet sent him, being purposely delayed by the Deputy; so that all these, and some other Difficulties concurred to make Essex's Expedition unfortunate: Nevertheless, he took the Castle of Liffer from Con O Do●el, and in a Skirmish, he killed two hundred Irish, and took Bryan Mac Fylemy, and his Wife and his Brother Rory Oge Prisoners. In the mean time, 1574. the Earl of Desmond, notwithstanding his Oath to be a true Prisoners, made his escape out of the Castle of Dublin, whereupon the Deputy marched into Munster to prevent new Co●●●otions; and ordered the Earl of Essex to guard the Borders of Ulster, which very much hindered his Progress in building Fortifications in Clandeboy; however he obeyed, and at length the Earl of Desmond was prevailed upon to reconcile himself to the Government. Sir Henry Sydny, 1575. Lord Deputy, arrived on the twelfth of September, and was sworn on the eighteenth at Tredagh, to which Place he went directly from the Skyrries, because the Plague raged in Dublin. It is observable of this great and good man, that although he did most excellent Service in Ireland, yet he was but ill rewarded for it in England; and therefore he was with great difficulty prevailed with to accept the Government this seventh and last time; for (as he expressed himself in his Letter) he cursed, hated and detested Ireland above all other Countries; not that he had any dislike of the Country, but that it was most difficult to do any Service there where a Man must struggle with Famine and Fastnesses, inaccessible Bogs, and lightfooted Tories; and yet, when these, and all other Difficulties were surmounted, no Service in the world was less reputed, valued or requited than that: and it is farther remarkable of him, that though he was four times Lord Justice, and three times Lord Deputy of Ireland, yet he never purchased a Foot of Land in that Kingdom. The Lord Deputy's Instructions were to find means to pay the Queen's Debts, if possible, and to grant Leix and Offaly to English Undertakers, Lib. H. and the Queen promised him, that besides the Irish Revenue, twenty thousand Pounds per annum, should be punctally remitted him out of England quarterly: And Sydny undertook for that Sum to fortify Carrigfergus, and to build some Bridges, and to keep the whole Kingdom in Subjection. The Lord Deputy found Ulster in a Flame; Surleboy had assaulted Carrigfergus, and killed Captain Baker and forty Men; and though by the Valour of the rest of the Garrison, the Scots were repelled, and the Prey rescued, yet this small Victory gave the Rebels such Reputation, that the Lord Deputy found it necessary to leave the Custody of the Pale with certain Gentlemen of Note, and to march with his small Army of six hundred Men, into Ulster; he found all the Country ruined, except the Newry, where Marshal Bagnal dwelled; and the Glins and Routs, 〈…〉. which Surleboy and the Scots possessed, and some part of Killultagh; but it happened luckily, that Turlogh Lynogh and Surleboy could not agree; so that they came to Blows, with various and alternate Success▪ Hereupon, both Parties addressed themselves to the Lord Deputy; who (finding Turlogh to be more high and extravagant in his Demands, than the other) came to an Agreement with Surleboy; which was followed by the Submission of Mac Mahon, and one of the Macguires. And O Donel, and the Chief of the Macguires did also by their Letters offer to pay their Rents and Services due to the Queen by former Agreements, provided they might be secured under the Queen's Protection, and be delivered from the Exactions of O Neal. By these Means, and the diligent prosecution of the War against him, Turlogh Lynogh was reduced to extremity, so that first he sent his Wife (a well bred Lady, Aunt to the Earl of Argile) to the Lord Deputy at Armagh, who, in her Husband's behalf Petitioned him that Turlogh might be Nobilitated, and his Estate settled by Law, that so for the future he might live in order, in the sense of his Duty and Gratitude to her Majesty; but whilst these things were under consideration, Turlogh himself, without any previous Provision for his Security, came to the Lord Deputy, and submitted simply, without Capitulation or Conditions; and so having stayed two days, he had liberty to return home. Ulster being thus quieted, the Lord Deputy Marched to Dublin, and having settled things there, he visited Leinster, and found the County of Kildare almost waste, and the King's County and Queen's County groaned under the Tyranny of Rory Oge; but by the persuasions of the Earl of Ormond, Rory came to the Lord Deputy, and publicly made his Submission in the Church of Kilkenny. The Lord Deputy was very well received by the Townsmen of Kilkenny, and nobly treated by the Earl of Ormond; but while he stayed there, he received the unhappy News of Sir Peter Carew's Death, to whose Burial at Waterford, on the fifteenth of December, the Lord Deputy was invited, and went. This Sir Peter Carew, whose Ancestors had been Marquesses of Cork, Lib. F. laid claim to a mighty Estate in Munster, being half of the ancient Kingdom of Cork, viz. Imokilly, Trybarry, Muskry, Kinalea, Trycoursy, Carbry, Kinalmeaky, Collymore, Collybeg, Ivagh, Synnagh O Donovan, Wintervary, Bantry, Bear, Clandonough, Cleighboigh, Iveragh, Kirricurry, Clanmorris, Iraghticonnor, Duhallow, and Coshbride. And he sent his Agent John Hooker to Cork, Hooker, 13●. where he had a solemn meeting with Mac Carty Riagh, Cormock Mac Teige of Muskry Barry Oge, O Mahon, O Driscoll, O Daly, and others, and they made this Proposal, that they would advance three Thousand Kine, with Sheep, Hogs, and Corn, proportionable for the present; and that if Sir Peter would live amongst them, they would annually pay what should be reasonable, and to his good liking; whereupon Hooker did take a House for Sir Peter at Cork, and another at Kingsale; but as Sir Peter was going that way, he died on his Journey at Ross in the County of Wexford, the 27th day of November, 1575. The Lord Deputy was magnificently received and treated at Waterford, and from thence he marched to Dungarvan, where the Earl of Desmond met him, and so by easy Journeys they went together to Cork, and there he stayed six Weeks▪ during which time the Soldiers for half their Pay, had Lodging, Diet, and Firing to their content, and without the grumbling of the Citizens. The Earls of Thomond and Glencar, and the principal Gentry of the Province came to wait on the Lord Deputy at Cork, and there they kept their Christmas, and as soon as that was over, the Lord Deputy began his Sessions, and sat in Court almost every day from the seventh day of January to the one and thirtieth, Condom and a younger Son of the Lord Roch were Condemned, and though they were Reprieved, yet there were twenty three other notorious Malefactors Executed; and the better to discover Vagabonds and Tories, every Gentlemen was commanded to give in a List of his Dependants, and to answer for them, and Proclamation was made, That every I●ler that was not named in one of those Lists, should be punished as a Felon and a Vagabond, to which the Irish Lords and Gentlemen gave their Consents with seeming Joy; and every one of them gave in Pledges of his Loyalty to the Lord Deputy. Whilst the Deputy was at Cork, he had information of the Disloyalty of the Seneschal of Imokilly, and of the Depredations and Violences he daily committed, and thereupon being attended by two Hundred Citizens of Cork, besides his own Forces, the Deputy marched to Ballymarter, and took that strong Castle, and had taken Fitz Girald himself, but that he narrowly escaped through a Hole in the dead of the Night: There was abundance of Victuals found in the Castle, besides other things of value; but all the Spoil was given to the Soldiers, and so a Garrison of twenty Men under Jasper Horsy being left in the Castle, the Lord Deputy returned to Cork. The Lord Deputy was so well pleased with Sir Cormack Mac Teige of Muscry, that he gave him this Character in a Letter of his, sent to England; That for his Loyalty and Civil disposition he was the rarest Man that ever was born of the Irishy; and in another Letter to the Lords of the Council he observes that the Lord Poer lived more plentifully than those that had far more Land, and that his barren Land yielded more Rent than the richer soil of Kilkenny and Decyes, and the reason was, because he kept his Territory in order, and free from Idlers and Vagabonds, whereas on the contrary, the Lord of Decyes was scarce able to subsist, because his Country harboured more bad Men than it fed good Cattle. From Cork, the Deputy went to Limerick, where he was entertained with more Pomp than any where else, there he kept Sessions, and observed the same Methods as he did at Cork, and then he marched into Thomond, which formerly belonged to the English Lords of Clare, and was inhabited by many English, but now not a Man of English Extraction to be found there, and even the O Bryans (tho' very near Relations) were inveterate Enemies each to the other, and the Country was entirely wasted, and innumerable complaints of Murder, Rape, Burning, Robbery, and Sacrilege were made to the Deputy. He imprisoned the Earl of Thomond, and Teig Mac Murrough till they gave Bonds and Hostages of their good Behaviour; he kept the Earl's Brother in Irons, and made Sir Donald O Bryan Sheriff, and left a Provost-Marshal, and a Garrison amongst them at their Request and Charge; and upon showing them that the uncertainty of their tenors was the cause of all their Disturbances, they promised to surrender their Estates, and take Patents according to Law, and so having appointed Commissioners to hear such of their Complaints as he had not leisure to determine, and having punished some notorious Offenders, and ruined the Rebellious Mac an Aspigs (Bastard Sons of the Bishop of Killaloo, by name Brian's) he went to Galway. To Galway came seven of the Family of the Clandonells, and after them came Mac William Eighter, who could speak Latin, though he couldnot speak English; he submitted by Oath and Indenture, and agreed to pay two Hundred and Fifty Marks per Annum for his Country, besides Contribution of Men, on rise out, and consented the Clandonells should hold their Lands of the Queen, whereupon he was Knighted, and had some small Presents from the Deputy, and an English Sheriff sent into his Country, as he desired; O Mail also submitted as did all the rest of the County of Mayo, and desired Justice and English Government, being weary of the devastations made by their civil Dissensions. The Town of Galway was poor and disorderly, and the Country destroyed by the Earl of Clanrickard's Sons, against whom infinite Complaints were made: Nevertheless, they had the Confidence to come unexpectedly into the Church of Galway in the time of Divine Service, and upon their Knees to make their Submission, and at the same time they humbly begged Pardon for their Extravagances, which by Advice of the Privy-Council was granted unto them, although for the present they were confined, and were afterwards carried to Dublin, and so the Lord Deputy having stayed three Weeks at Galway, set out towards Dublin, and kept Sessions in every County he marched into, 1576. and settled Garrisons in all places Convenient, he finished his Progress on the thirteenth day of April, 1576. But the state of Affairs and the miserable Condition of Ireland, are best understood from the lively Representation of them in the Lord Deputies Letters, which import, that the County of Louth was impoverished by the frequent passage of the Army through it, but would recover, if it were protected from the ill Neighbourhood of the Ferny; That Meath has been harassed by O Connor, and O Molloy, even since their Protections, but that O Reyly behaved himself well: That the King's Writ did not run in the new Baronies of West meath, but he hoped it should in a little time; that the County of Kildare, was wasted by the O Mores, and the Counties of Wexford and Caterlough, are but little better; that the King's County, and the Queen's County are harassed by Rory oge, and that the Undertakers are so poor and few, that two Hundred Soldiers are in Garrison there to protect them, so that those Counties do not yield the Crown the twentieth part of the Charge they put it to; that Kilmallock was re-edified, but that Athenry was the most miserable Spectacle in the World; the whole Town was burnt by the Mac an Earla's, and the Church itself was not exempted from the common Ruin, although the Mother of one of these Vipers was buried therein; but that was so far from mitigating their Fury, that the Son being told his Mother was buried in that Church, replied; That if she were alive, he would sooner burn her and the Church together, than that any English Church should fortify there; that these Mac an Earla's hated each other, and yet like Herod and Pilate, joined together against any third Person, whom they thought to be a common Enemy; That the Deputy had laid a Tax of two Thousand Pound on the Country, towards the re-edifying Athenry, and took from the Earl of Clanrickard the Castles of Ballyclare, and Ballynislow; That O Connor Dun, and O Flyn submitted to him at Roscomon, and (their Country being destroyed) desired the English Laws and Government; That the whole Province of Connaught was much annoyed by the Scots, whom the Mac an Earla's had brought to their Assistance; That the County of Longford submitted and paid part of their Arrears, and promised the rest; That the Brenny was pretty quiet, that he left Thomas L'estrange, and Thomas Dillon, Commissioners to decide Controversies, and Robert Damport Provost-Marshal of Connaught. But if the Civil State of the Kingdom were in an ill Condition, the Ecclesiastical was in a worse; for there were scarce any Churches or Curates to be found: Many People that never were Christened or knew any thing of God or Religion, which being made known to the Queen, Hooker, 141. she sent a Commission to rectify Ecclesiastical Matters, and William Girald was sent over to be Lord Chancellor, and Sir William Drury to be Precedent of Munster, both which arrived in June, 1576. The Chancellor was immediately settled, and the Deputy designed to go to Waterford to settle Drury in his Presidentship of Munster, but he was diverted by the Letters received from the Bishop of Meath, and Mayor of Galwey, which advertised, that the Sons of Clanrickard, who had lately submitted (with the connivance of their Father) passed the Shenin, changed their English, for Irish Apparel, sent for their Friends and the Scots; and being met, went to Athenry, sacked the Town again, and set the new Gates on Fire, defaced the Queen's Arms, drove away some, and slew others of the Masons that were building. The industrious Deputy made such haste, that in three days he was with them, at the Report whereof the Rebels were amazed, and fled to the Mountains; but Clanrickard's Castles were taken, and himself sent close Prisoner to Dublin, though he made many Excuses, but to no purpose, which done, the Deputy restored Castlebar to Mac William Eighter, and went to Galway to comfort and secure the Townsmen and thence to Lymerick, where he settled the Precedent Drury, and thence together, they went to Cork, where the Precedent remained. The Lord Precedent Drury, being valiant in War, and diligent in times of Peace, by executing Justice severely on the disobedient, and by cherishing those that were Loyal, brought Munster into good Order, the County of Kerry only excepted, which Desmond claimed to be his Palatinate, Cambd. Eliz. 218. and exempt from the Precedents Jurisdiction, whereby it came to be a nest of Rogues, and a Sanctuary for Rebels, wherefore the Precedent resolved to break through the pretended Privilege, and to make Kerry amesnable to the Law. Desmond used all his Tricks to prevent it, but finding all other Devices fruitless, in show of kindness he invited the Precedent to his House in Traly, the Precedent accepted the Invitation, and with an Hundred and forty Persons went into Kerry, keeping Sessions as he went; Desmond had seven Hundred, or eight Hundred Men ready to surprise and Murder him; but when the Precedent understood what condition he was 〈◊〉 he encouraged his People all he could, and making a Virtue of Necessity, resolved rather to give than receive the Charge, which he did so bravely, that the Rebels were amazed, and fled. The Countess of Desmond was much troubled at her Husband's Folly, and prayed the Precedent to believe that the Earl had assembled those Men only for a general Hunting to welcome his Lordship, and desired him to be satisfied.— He temporised with the Earl at her Request, but nevertheless kept Court and Sessions in Kerry, whereupon Desmond having no other way, with great Clamour impeached the Precedent to the Deputy, especially for taking of Cease. The Mac an Earla's (Clanrickard's Sons) were up again in Connaught, ● and had gotten two thousand Scots to their Assistance: they besieged Ballyriagh (or Logreagh) one of the Earl of Clanrickard's Castles; but Thomas Lestrange and Captain Collier (who lay in Garrison there, with fifty Horse and an hundred Foot,) defended the Place so valiantly, that they forced the Rebels to raise the Siege▪ with the Slaughter of six Captains, and an hundred and fifty, of their Soldiers; whereat the Rebels were so nealed, that they immediately fell upon Mac William Oughter, and wasted his Country▪ but upon the Approach of the Lord Deputy, the Rebels dispersed, and thereupon the Deputy divided his Forces, and by the help and intelligence of Mac William Oughter, he met with and defeated several small Parties of the Irish, and killed many, and executed some; and so having restored Mac William to most of his Castles, and being informed that the Scots were retreated to the Routs and the Glinns, he Knighted Sir Nicholas Malby, and according to the Queen's Orders, left him Governor of Connaught, and then returned to Dublin, on the thirteenth of October. In the mean time, Walter Earl of Essex, who had made a second Expedition into Ulster, and proceeded successfully there, by the means of his Enemies, received many Affronts from Court, and at length was forced to resign his Command in Ulster▪ with the grief whereof (or as others say, with a Dissentery) he died at Dublin, on the twenty second day of September 1576. Sir John of Desmond had repudiated his own Wife, to marry the Sister of Mac an Earlas, though she was the rejected the Wife of O Rourk, and by this means he held Correspondence with his Brothers-in-Law, and assured them Aid out of 〈◊〉 if they would hold out but a little longer▪ But this Treason being discovered, Sir John was imprisoned, and the Earl of Desmond was suspected▪ but ●e was so narrowly watched, and so briskly managed, that he durst not stir, but in his criminal Followers to be tried by ●aw, which formerly he had refused to do. But it was not the Earl of Desmond alone that was malcontent; the Lords of the Pale also began to repined, and publicly complained of the Cess, and the father, because the Privileges and Exemptions that some of them claimed, were now suppressed by Proclamation; whereupon they Petitioned the Lord Deputy, and had a Day appointed to make out their Grievances; at which time they alleged, That they had Liberties and Privileges which were invaded by the Cess, Hooker, 145. that the Cess was arbitrary and unreasonable; that it exceeded ten or twelve Pounds a Plow-Land, and that no Tax could be put on them but by Act of Parliament. At another Day, the Chancellor answered, That the Liberties they pretended to, were some void, some expired, and the rest not to be found on Record; that the Cess should be ascertained to five Mark per Plow-Land, if they pleased: That it was the Queen's Prerogative to impose it; and that it had been Levied ever since the time of Edward the Third; and that Necessity and Self-Preservation required it. But the Defendants not contented▪ Cambd. Eliz. 219. with that Answer, appealed to the Queen, and sent over three-Lawyers to negotiate for them (viz.) 〈…〉, and 〈◊〉 and sent Letters by them to the Queen and Council, Dared the Tenth of September, Subscribed by the Lord's 〈◊〉, Delvin, Houth, Trimleston, etc. in the Name of the English Pale; The Queen referred them to the Council; who examined the Lords Kildare, Ormond, Gormanstown and Dunsany, then in England, and they all agreed, That Cess was constantly imposed time out of mind; but prayed there might be Moderation in Levying it: Whereupon, she finding that the Design of the Petitioners was to oppose her Prerogative, sent the Agents to the Prison of the Fleet, and ordered the Deputy to do the like with the Petitioners if they persisted in their Sedition; but nevertheless the Cess should be moderated, and all irregularities in the Levying it punished; but the Petitioners were arrogant and stubborn, and were therefore committed to the Castle of Dublin, and their Agents were imprisoned in the Tower of London, but afterwards they submitted, and were Pardoned, and the Cess was reduced to five Marks per Plowland. However the Irish, according to their custom of scandali●ing and aspersing every thing that opposes them, did 〈◊〉 the Deputy with Calumnies and Impeachments, not at all regarding how true or false the Articles were, or else this could never be one of them, Hooker, 147. That the Lord Deputy wanted 〈◊〉 in his Government, because it is manifest that he was one of the wisest and most prudent Viceroys that ever governed that Kingdom. But whilst these Controversies about the Cess were under Debate, and James Fitz Morris (who had been at Rome and in Spain) was daily expected home; 〈…〉, and O Connor with an Hundred and forty 〈…〉 Country, and taking the advantage of the 〈…〉 Inhabitants of the 〈◊〉 (who celebrated their 〈…〉 with the same Riot and Excess as the Pagans did their 〈◊〉, and so were dead Drunk) they surprised that Town, and burned it, Rory Oge himself 〈◊〉 (like Nero) at the Market-Cross, rejoicing at these 〈…〉, thence he marched towards Leighl●n, burning and destroying the Country in his March, and particularly the Village at Leighl●n Bridge. But George Carew who lay there in Garrison being ashamed to be so served, issued our with seven Horse, and five Shot, and valiantly attacked the Tories, who by this time were two Hundred and Forty; they were surprised and fled, but at length perceiving (though in the Night) the small number of the 〈◊〉, they rallied, and pursued the English to the 〈◊〉, and some of them got within the Ga●e, but were beaten out again; in this 〈…〉 Captain 〈◊〉 and sixteen Tories were slain, and the English lost two Men and one Horse, and all the rest were wounded. Rory Oge continued his Depredations, and burned many Villages; 1577. and yet by help of his Intelligence (which was very good) he made a shift to escape the diligent Pursuit that was made after him by 〈◊〉 Captains, Harrington and Co●by. One day a Parley being appointed between them on 〈◊〉 Oaths, the perfidious Rebel seized upon Harrington and Cosby, handfasted them together, and made them 〈◊〉 after him 〈◊〉 a couple of 〈◊〉, through Woods and Bogg●; in continual fear of Death; at length, an Agreement was almost concluded, when Robert Harpool, Constable of Car●●●, accompanied by Lieu●. Parker and fifty Men (having good intelligence) went to the Place where Rory Oge 〈◊〉. Rory surprised with the Noise, and suspecting the worst, went to his Prisoners (Harrington and Cosby) and gave them many Wounds, and cut off Cosby's little ●inger; but being in the dark, and in haste, it so happened, that none of the Wounds were mortal 〈…〉 English having entered the House, I released Harrington and Cosby, and killed all the rest● 〈◊〉 Rory Oge and one more escaped in the dark, and could not be found. Soon after Rory Oge assembled all his strength together, and came to 〈◊〉 early in the Morning, burned some Houses and 〈…〉 him, and killed seventeen of his best Men, and Rory himself hardly escaped. In the mean time, the Lord Deputy 〈◊〉 to the 〈◊〉 and thither came to him 〈…〉 and renewed his former Submission▪ he brought with him to the Town four hundred Pound in Money, and thought it much to his Glory that he and his Followers spent 〈…〉 three day's time; and so having received some small Presents from the Deputy, (he returned joyfully 〈◊〉 In December, the Deputy 〈◊〉, into the King's County, and took Pledge● 〈…〉 held Sessions at Kilkenny, where several 〈…〉 the City and Country were discovered to be 〈…〉 Popish ●uries would not find the Indictments, although the Parties confessed the 〈◊〉 some of them were bound by Recognizance, to appear at the Castle Chamber in Dublin, to answer that 〈◊〉 To Kilkenny came the 〈◊〉 Precedent 〈◊〉 to complain 〈◊〉 Desmond kept 〈…〉 which oppressed the Country, and 〈…〉 Precedent▪ The Deputy 〈◊〉 for Desmond▪ and 〈◊〉 immediately came, and excused his not coming to the Precedent, because he was his 〈◊〉 Enemy; but the Lord Deputy so managed it, that they were reconciled and the 〈◊〉 promised due Obedience. And so cunningly did that 〈◊〉 dissemble, that he sent the Lord Precedent word of the Arrival of a 〈…〉 with many French and Irish Men 〈…〉 and Munster, in 〈…〉 In the Month of December, 〈…〉 Son; whereupon great and cruel 〈…〉 ensue between 〈…〉 at length their Controversies were referred to the Deputy. About the same time, some of the 〈◊〉 Followers were suspected to be 〈…〉 sent for to be 〈…〉 to surrender them 〈…〉 to be tried; but also joined with the rest of the Lords and Freeholders' of Connaugh● to settle a certain annual Rent, amounting to about eighteen hundred pounds' 〈◊〉 by way of Composition, Morison 3. and in lieu of all other Services. But we must return again to that indefatigable Rebel Rory Oge, who sent a Spy to in●●● Fitz-Patrick, Lord of Upper Ossory; 1578. the Messenger (personating a Friend) told that Lord, That Rory Oge had taken a Prey from the County of Kilkenny, which might easily be recovered, and Rory himself taken. Fitz-Patrick prepares for the Enterprise; but wisely suspecting the worst, made his Party as strong as he could; and being come to the Place, he sent thirty Men into the Wood, to search for the Tories, and himself and the rest of his Party kept on the Plain; Rory Oge, with about thirty appeared, leaving the rest in Ambush, and being proud and conceited, thought with his Presence to frighten Fitz-Patrick's Keins; but he found them more valiant; for they fought stoutly, and amongst the rest, slew Rory-Oge himself on the last day of June 1578. And though the Deputy offered the valiant Baron the thousand Marks due by Proclamation for Rory's Head; yet he would take but one hundred Pounds thereof, to be divided amongst his Men. In the mean time, Philip King of Spain, being vexed at the Aid which Queen Elizabeth underhand gave to the Hollanders, Cambd. Eliz. 230. resolved to requite her with the like secret Assistance to the Irish; and the holy Father Gregory the Thirteenth, (partly to propagate Religion, and partly to obtain that Kingdom of Ireland, for his Son James Buon Campagno, whom he had made Marquis of Vin●ola) was willing to contribute to the Charge of the Irish Rebellion: Wherefore they confederated and agreed to join Forces and Councils, and to send Aid to Ireland, under the Command of Stukely, an English Fugitive; who by his extravagant Boasting, had raised the Pope's expectation to the greatest height; wherefore, to qualify him for so high a Command, Stukely was made Marquis of Leinster, Earl of Wexford and Catherlogh, Viscount Murrough, and Baron of Ross, and furnished with eight hundred Soldiers, with which he set Sail from Civita Vecchia, and arrived in Portugal. Sebastian King of Portugal, was at that time intent on his Wars in afric, and promised Stukely, that if he would attend him into Mauritania, that then he would (immediately after the Africa War) accompany Stukely to Ireland: The Irish General agrees, and to afric they go, where they were killed in the famous Battle, wherein three Kings are said to be slain. The Viscount Baltinglass (whose real trouble was Religion and the Cess) pretends great Oppression from Marshal Malby and his Soldiers; one Night they lay at Baltinglass, when they went against Rory Oge; the Viscount made a formal Complaint to the Deputy, and did the like to the Queen, by Letters sent to the Earl of Ormond, and communicated to her▪ Whereupon, her Majesty gave strict Order to examine the Matter; and it was sound, that Malby, at coming to Baltinglass, had made Proclamation against Oppression, and at parting thence, made Proclamation for those to come in for reparation that had any cause 〈◊〉 Complaint▪ and so this Matter ended, to the Disgrace of the Viscount. In Vister, Mac Mahon had committed a barbarous Murder on the Son and Heir of Ma●genis, and therefore at Ma●genis his Complaint and Request, the Deputy marched into Mac Mahon's Country, and burnt and destroyed it. And so this good Lord Deputy, having been eleven years, and seven several times Chief Governor of Ireland, leaves that unfortunate Country in greater Quiet than ever it had been in before; having first caused the Irish Statutes to be Printed, and the Records to be put in good Method and Order; he beautified the Castle of Dublin, anno 1571, repaired A●henry, built the Bridge of Athlona, which opened a Passage into Connaught; he began to wall Oarrig f●rgus, he built a Gaol at Molingar; and in his time the Revenue was increased eleven thousand Pounds; but finding all these Services. under valued, he laboured to be 〈◊〉, and had Orders of the twentieth of March, to return▪ but they were superseded by Letters of the nineteenth of May, 〈◊〉 requiring him to stay till the Lord Chancellor Gerard (to whom the Queen had granted Licence to transport Yarn, non obstante the Statute, and whom she commends exceedingly) should arrive▪ which happening in August, the Deputy, by the Queen's Orders, surrendered to Sir William Drury, on the twelfth of September, and had Leave to go for England. Henry the Eighth was this Godfather, and Edward the Sixth his Companion; and so fond of him, that he died in his Arms: And undoubtedly he was, Cambd. Eliz. 231. as Cambden says, One of the most commendable Deputies that ever was in Ireland. Sir William Drury, Lord Deputy, was sworn in Christ-Church, Dublin, on the fourteenth day of September; and on the twenty ninth, he began his, Journey to Munster, being accompanied by Sir Edward Fitton, and others of the Council, and by their Letter to the Queen, of the twentieth of November, they show the necessity of a Precedent of Munster, and that upon the 〈◊〉 of its Suspension, the Irish Lords thought they lost time, if they did not immediately resort to their former Tyranny, Lib. S. S. S. they give some Instances, and particularly of the Lord Roch, who kept a Freeholder who had eight Plow-lands, Prisoner, and Hand-locked him until he had surrendered or released seven Plow-lands and an half of them, upon agreement to keep the remaining half Plow-land free; but when this was done, the Lord Roch extorted as many exactions from that half Plow-land as from any other half Plow-land in his Country, and that both the Lords Barry and Roch, without Right or Process, that very Harvest took away all the Corn from the Farms of those▪ Tenants they had Controversy with, or spite to; and even the great Men were under the same Oppressions from the greater; for the Earl of Desmond forcibly took away the Seneschal of Imokilly's Corn from his own Land, although he was one of the most considerable Gentlemen in Munster; which I observe, to show the difference between English Government, and Irish Tyranny. And it must not be forgotten that in October, Matthew Sheyn Bishop of Cork, burnt St. Dominicks Image at the high Cross of Cork, to the great grief of the superstitious People there. The Lord Deputy in his way to Limerick, lay at Castleton Roch, but the Earl of Desmond (being at odds with the Lord Roch) would not got go thither, and the Deputy was afterwards troubled that he went thither, when he understood that the Lorch Roch cess his Tenants for the Deputies Entertainment. The Deputy found the Earl of Desmond, and the Earl of Glencar at so great difference, that they were almost ready to draw into the Field, as was usual; their contest was about the Bounds of Kerry, viz. Whether Macarty's Lands were within the County Palatine of Kerry, or not? Neither were the feuds between the Butlers and Giraldines any thing less than the other; October, 1578. both sides had made great Preparations for Battle; but the Lord Deputy interposed effectually to determine, or at least suspend these Controversies, and he also persuaded Desmond to take a certain Rent of his Tenants, instead of Coin and Livery, and he Executed twenty two Criminals at Limerick, and thirty six at Kilkenny, one of which was a Blackamoor, and two others were Witches, and were condemned by the Law of Nature, for there was no positive Law against Witchcraft in those Days. Moreover, the Lord Deputy bound several Citizens by Recognizance of forty Pound, to come to Church to hear divine Service every Sunday, pursuant to the Queen's Injunctions; and he advised the Bishop of Ossory to make a Rate for the repair of the Church, and to distrain for it, and so having punished some Townsmen of Cork and Kilmallock for abusing the Soldiers, and having received the Submission of Sir James Desmond, Sir Pierce Butler, and all the Cavenaughs, he returned to Dublin. In the mean time that indefatigable Rebel, James Fitz-Morris (nowithstanding his Oath of Allegiance taken before Sir John Perrot at Kilmallock) went over to France, Camb. Eliz. 236. and having two Years solicited that King in vain, he made a more successful Address to the Pope and the King of Spain, by whom being furnished with a few Men and some Money, 1579. he came accompanied with the Jesuits, Allen and Sanders (who was also Legate) and out of his three Ships, Landed fourscore Spaniards, and some Irish and English Papists at Smerwick in Kerry in the latter end of July, 1579. Immediately they built a small Fort, and drew up their Ships under it, and the Legate Sanders hallowed the place, and promised them success; but Captain Thomas Courtny being at Kinsale with one of the Queen's Ships, at the persuasion of Henry Davells doubled the Point, and took the three Ships in the Bay, and put the Spaniards into a Panic Fear, notwithstanding the Pope's Blessing. However Sir John and James of Desmond, as soon as they had not notice of the Invasion, hastened to their Cousin James Fitz Morris, and were at first kindly received; but Sir John easily perceived a coldness towards him, and that the Rebels entertained some Jealousies of him because of his Familiarity with his old Friend Henry Davells, and therefore to establish his Reputation with them, Sullevan, 95. Camb. Eliz. 237. per aliquod facinus dignum (as Mr. sulivan phrases it) he basely and perfidiously Murdered his Bosom-Friend, Devils, and one Carter at Traley, and left a fair Caution to Posterity, which has been simply and fatally neglected by those that pay dear for it at this Day; however the Legate, Sanders commended the Fact, and said it was a sweet Sacrifice in the Sight of God. The Earl of Desmond was as deep in this Rebellion as any body, as is manifest from the following Confederacy. WHereas the Right Honourable Garret, Lib. C. Earl of Desmond hath Assembled us his Kinsmen, Followers, Friends and Servants about him, after his coming out of Dublin, and made us privy to such Articles as by the Lord Deputy, and Council was delivered 〈…〉 eighth of July, 1579. To be performed, as also his 〈…〉 the said Articles, which said Answers we find so 〈…〉 with one accord do counsel and advise the said 〈…〉 nor yield to any more than in his Letter is 〈…〉; and further, the said Earl declared unto us, that if he do not yield presently to the Performance of the same Articles, and put in his pledges for observation thereof, that then the Lord Deputy will bend his force, and make War against him. We the Persons underwritten do advise and Counsel the said Earl to defend himself from the violence of the said Lord Deputy, that doth ask so unreasonable a Demand, as in the said Articles is contained, and for to defend and stick to this our Advice and Council, we renounce God if we do spare Life, Body, Lands and Goods, but will be aiding, helping, and assisting the said Earl, to maintain and defend this our Advice against the said Lord Deputy, or any other that will covet the said Earl's Inheritance. In witness whereof that this is our Counsel to the said Earl, we have hereunto put our Hands the 18th of July, 1578. Garret Desmond, Thomas Lixnaw, John Desmond, John Fitz James, Rory Mac Shehey, Morrogh O Bryan, Moriarta Mac Bryan of Loncorthe, Fa K. E— Fa D. K. B—, Theobald Burk, Daniel O Brian, Richard Burk, John Brown, Daniel Mac Canna of Dumbrain, James Russell, Richard Fitz Edmund Girald, Vlick Mac Thomas of Ballincarrigy, Vlick Burk, John Fitz William of Karnederry, Teig O Heyn of Chairely. Nevertheless the Earl dissembled the Matter and temporised for a long time; he was building a Castle, when the news first came of James' Arrival, and immediately he discharged the Workmen, and pretending to oppose the Spaniards, he sent to Mac Carthy More, to summon him to assist him, Mac Carthy came accordingly, and shown himself forward in the Matter, but as soon as he discovered Desmond's Inclinations, he took his leave and returned. Nevertheless, the Earl of Desmond at the persuasion of Captain Appesly was (against his Will) obliged to remove to Askeaton; however he suffered, and secretly encouraged many of his Followers to go over to the Spaniards, but that did not satisfy them, for when they found themselves disappointed of those great Aids that were promised them, their Courage began to abate, and they entertained Thoughts of returning home, and undoubtedly they had done so, but that James Fitz Maurice kept up their Spirits by large Promises of speedy Assistance, and in order to procure it, he undertook a Journey to Connaught, but pretended only to go in Pilgrimage to pay his Devotions to the Holy Cross in Typerary; he took with him four Horse, and twelve Kerns, and being come into Burk's Country, in the County of Limerick, Cambd. Eliz. 237. and wanting a Horse, he ordered his Men to take the first they met with, which they did out of a Blow of Burk's; the Plowmen raise the Hue-and-Cry, whereupon Sir William Burk's Sons pursued them, and at length overtook them, Headed by Fitz Morris, with whom their Father had formerly joined in Rebellion; Fitz Morris immediately calls out Coz Theodore, Two Garons shall make no Breach between you and I, I hope you will do as I do; Burk replied, He had too much of Rebellion already, and had sworn the contrary, and therefore would have his Horses. Fitz Morris thought it dishonourable to part with what he had gotten, and so to Skirmish they go, which was brisk enough, and ended in the slaughter of both of them. Fitz Morris was quartered at Kilmallock, and Sir William Burk was afterwards made Baron of Castleconnel, with Joy whereof he died. Upon notice that James Fitz Maurice, and the Spaniards were arrived, the Lord Deputy with the Army (which was but four hundred Foot, and two hundred Horse) marched to Munster, accompanied by the Marshal Bagnal, Malby, Wingfeild, Waterhouse, Fitton, Masterson, and others of that sort, and by the Lords of Kildare, Moungarret, Upper Ossory, and Dunboyn, who brought two hundred Horse of their own, besides Kern; when they came to Kilmallock, the Deputy sent Messengers for the Earl of Desmond, and some others whom he suspected. Desmond after much lingering, and many vain excuses, came to the Camp well attended; but some of his tricks being discovered, he was committed to Prison, and thereupon being fearful lest all his secret Treasons and Combinations might be unravelled, he so passionately humbled himself to the Deputy, that upon the renewal of his oath of Allegiance he was set at Liberty. In the mean time, his Brother Sir John Desmond was at the head of the Rebels, and encamped near Sleavelogher; but the Deputy quickly feased them thence, and having divided his small Army into three Parts; he pursued the Irish so close, that he often lay in the place where they had lain the night before; nevertheless, he could never overtake these light footed Enemies, and therefore having destroyed the Forage, he returned to Kilmallock, and Encamped at Gibbings-Town, and continued nine Weeks, marching up and down thereabouts, with very great toil, but to no great purpose. Only the Captains, Herbert and Price, being detached with two hundred Men, did some Execution on the Rebels at a place called the Blackwood: But in their return homeward, they were surprised by an Ambush of Sir John Desmond's, and themselves, and most of their Company slain, without any great damage to the Irish, saving that their Commander, Sir John Desmond was wounded in the Nose. But the Army being recruited by the arrival of the Captains, 1579. Bourchier, Carew and Dowdall, with six hundred Men to Waterford, and of Sir John Perrot with six Ships to Cork, the Deputy made another incursion into Connilo, but could not meet with the Rebels, and so finding himself Sick, he left the Army with Sir Nicholas Malby, and retired to Waterford, and having Knighted Bourchier, Stanley, Carew, More, Pelham, Gorge Perrot, and Walsh, he died the last day of September, 1579. The Earl of Desmond continued his Profession of Loyalty, and pretended to act separately, but would not by any means venture himself in the Camp, or in any walled Town, however he sent his only Son to be a hostage of his fidelity, and the Countess brought the Child to the Deputy a little before his Death. During the Interval between the Deputies sickness, and the Election of a new one, the Marshal Malby managed the Army, which consisted of nine hundred Foot, and an hundred and fifty Horse, whereof he left fifty Horse, and three hundred Foot with Captain Bourchier at Killmallock, and marched with the rest to refresh them at Limerick. After they had a little Rest, the Marshal made an incursion into Connilo, Cambd. Eliz. 338. and at Monaster Neva, about nine Miles from Limerick, he met with Sir John of Desmond, and two Thousand Rebels, and it came to a Battle, wherein the Irish behaved themselves valiantly, and with great resolution received the first and second Charge; however they could not forget the known Maxim of some Men, That if the Enemy want run, they will, and therefore at the third Charge their Stomaches came down, and their General, Sir John, was as nimble as any of them to shelter himself in a Bog; however he left two hundred and sixty of his Myrmidons behind him, who were killed upon the Spot, and amongst them the famous Legate, Doctor Allen. The Earl of Desmond and the Lord of Kerry, from a little Hill, hard by, were the Melancholy Spectators of this Battle; and although Desmond did the next day send a Messenger to Malby to congratulate his Victory, and had put in his Son as a pledge for his Loyalty, and although the Lord of Kerry's Son Patrick, was a sworn Officer to the Queen in England, and was now come over by her Majesties Leave, only to see his Father, and although all of them are of the noble Family of Fitz Girald, and consequently of English Extraction; yet they were so bigoted with senseless Superstition, that the Irish Priests (who are the most ignorant Clerks in the World) could lead these Noblemen by the Nose into the greatest Folly, Ingratitude, and Disloyalty that ever was known, so that henceforward we must expect to find these English Lords in open Rebellion with the Irish against the Crown of England. The victorious Malby encamped that night by the Abbey of Monaster Neva, and after two or three days removed to Rakele, and encamped there; a Party of the Earl of Desmond's came confidently within a Mile of the Camp, but were well beaten for their pains, and some that were taken Prisoners, discovered many of Desmond's Designs, and that he had been in the Field ever since the Battle of Monaster Neva; but they needed not to be so nice in their Examinations, for that very Night put the Matter out of doubt, and Desmond and his Brother did personally assault the English Camp, but came off (as they used to do) with Loss and Disgrace; however, the Marshal thought it necessary to remove to Askeaton, having first settled a Garrison at Rakeal, and he performed what he designed, although the Enemy did frequently skirmish with him in his March; and then having notice of the Deputy's Death, he placed Sir William Stanley and Captain Carew at Adare, and sent the rest of the Army to other Garrisons. Hereupon, the Rebels insulted at a great Rate, bragging, that they would take all the Garrisons; and Sir John of Desmond, with four hundred Foot and fifty Horse, actually besieged Adare; so that the Garrison durst not peep abroad till their victuals failed them; and then Necessity whetted their Courage, and made their Swords as sharp as their Stomaches; so that Sir John was forced to retire. The English had but one small Cot, which would hold about eight Men, and by help of it, an hundred and twenty Men of the Garrison of Adare were wafted over the River, Hooker, 162, into the Knight of the Glinns Country, and being unexpected there, they did great Execution; but they stayed so long, that the Knight of the Glin and Sir John Desmond had got together thirty Horse, and four hundred Foot, some Irish, and some Spaniards, and overtook them, and entertained a brisk Skirmish for about eight hours; nevertheless the English made good their Retreat, without any considerable Loss, and killed about fifty of the Enemy. Sir William Pelham, Lord Justice, was chosen by the Council, 1579. and sworn in Christ-Church, Dublin, on the eleventh of October, and immediately he Knighted the Lord Chancellor Gerard, and young Edward Fitton. After Dinner, Cambd. Eliz. 239. the Council sat, and directed Letters to all the considerable Irishmen, to confirm them in their Loyalty; particularly, to Pheagh Mac Hugh, Sir Hugh O Reily, Sir Hugh Macguire, Turlogh Lynogh, etc. and they also appointed the Earl of Ormond to be Governor of Munster, and Sir Warham Saint-Leger, to be Provost Marshal thereof, and ordered Desmond's Son to be conveyed to the Castle of Dublin, to be safely kept. The Lord Justice having dispatched the Chancellor to England, to inform her Majesty how Matters stood in Ireland; and having committed the Care of the North-Borders to the Earl of Kildare, marched into Munster,, taking with him the three Bands lately brought from Berwick, by the Captains Walter, Case and Pikeman; he came to Kilkenny, the nineteenth of October, and kept Sessions two Days, and sat in Person, insomuch that Edmond Mac Neil, and other notable Traitors were then executed; and he also reconciled the Earl of Ormond and the Lord of Upper Ossory. At Cashel the Earl of Ormond came to him with two hundred and thirty Men, and hence his Excellency sent Letters to the Earl of Desmond to repair to him, that he might reconcile him and Sir Nicholas Malby; thence he went to Limerick, where he was well received, and the Mayor Presented him with a thousand Armed Citizens; here also he was met by Malby and the Army; and the next day he went to a Village called Fannings, where he gave Orders for a General Hosting or Rising out; and thither came the Countess of Desmond, with Letters from her Husband. Hereupon the Earl of Ormond was sent to expostulate with Desmond, upon sundry Articles; whereto he returned a trifling Answer, on the the thirtieth of October, complaining of old Injuries, etc. Wherefore other Letters were sent from Crome, where the Lord Justice then was; but to no purpose; for though Desmond protested Loyalty, yet he would not come to the Camp; nay he was known to act rebelliously, even while he was writing his Protestation; for the Lord Justice being removed to Rakeal, was alarmed by some Rebels; whereof four being killed, one was found to be Desmond's Butler, and himself was not far off; wherefore he was Proclaimed Traitor in the Camp, the second day of November 1579. unless he should surrender himself in twenty days; and immediately the Army proceeded to destroy his Country with Fire and Sword. And it must not be omitted, that the Lords of Gormanstown and Delvin (who were of the Council, and attended the Lord Justice in this Expedition) were so tainted and corrupted with Popery, that they refused to sign the Proclamation against Desmond; for which, they were afterwards severely reprimanded by a Letter from the Lords of the Council in England. On the third of November, the Lord Justice removed to Puble O Bryan, and Mustered the Army, and so leaving two hundred and fifty Horse, and eight Ensigns of Foot with the Earl of Ormond, he returned to Limerick. The Earl of Desmond thought to divert the Army from farther prosecution in Conilogh, by making an Incursion into Imokilly; and being there, at the request of the Seneschal of Imokilly, he attacked Youghal, and finding small resistance, he easily took, and afterwards plundered that Town; whereupon the Earl of Ormond sent Captain White and a Company of Soldiers in a Ship from Waterford, and they valiantly entered into the Town by the Water-gate; but being overpowered by the numerous Forces of the Seneschals, White and most of his Men were slain, and the rest with great difficulty escaped to their Ship. Hereupon, Desmond grew so insolent, November 20. 1579. that he wrote an arrogant Letter to the Lord Justice, importing, that he and his Brethren were entered into the Defence of the Catholic Faith, under the Protection of the Pope and the King of Spain, and advised the Lord Justice to join with him, and nine days after, he wrote Circular Letters to such of the Lords and Gentlemen of Leinster, as he thought to be rebelliously inclined; the Form of which Letters may be seen in the following Letter which he sent to Pheagh Mac Hugh. MY well beloved Friend, I commend me to you; It is so, that I and my Brother are entered into the Defence of the Catholic Faith, and the overthrow of our Country by English Men, which had overthrown the Holy Church, and go about to overrun our Country, and make it their own, and to make us their Bond men; wherein we are to desire you to take part with us, according at you are bound by Conscience and by Nature, to defend your Country: And if you be afraid we should shrink from you after you should enter this Cause, you shall understand, that we took this Matter in hand with great Authority, both from the Pope's Holiness, and from King Philip, who do undertake to further us in our Affairs as we shall need: Wherefore you shall not need to fear to take one part of it; and be assured we will never agree with none of your Adversaries without your Consent; and this our Letter shall be a sufficient Warrant for the same. Newcastle, Novemb. 29. 1579. Besides the Nonsense and Illiterature appearing in this Letter, is it not prodigious that Fitz-Girald, an English Man; should rail against his own Nation, and think that to be the worst of Faults which was most inseparable from him, & the Foundation of his greatness, viz. his extraction; or that he, who held his Estate by English Laws and Patents, should so insist upon his Possession, as to forget his Title, and by a stupid Contradiction, look upon the English as Usurpers, whilst he himself had no other Right? But he, who could fancy, that any Authority in Ireland, could be derived from King Philip, might swallow impossibilities, and without fear or wit, run into destruction, as he did. In the mean time, the Lord General Ormond invaded Connilogh, December. to which Place Desmond was again returned; but did not at all expect that Attack, so that most of the Inhabitants were surprised, and either killed or taken Prisoners, and the Villages were either plundered or burnt; the Earl was like to be surprised at Newcastle, and very narrowly escaped: And not long after Ormond had a Brush with the Seneschal of Connilogh; and though Ormond got the better, yet he lost many of his Soldiers; and therefore in revenge he burned all the Country about Lefinnen, and then marched to Cork, and in the way he took a Prey of fifteen hundred Cows, and brought them thither. At Cork, Ormond disposed of his Army into Garrisons, and then went to Cashel, having by the way taken the Mayor of Youghal, who had formerly refused a Garrison, and undertook to defend the Town against the Rebels; and yet when Desmond attacked it, the Mayor delivered it up almost without Blows; and therefore, to appease the Queen (who was mightily troubled at the scandalous Loss of Youghal) the Mayor was deservedly executed before his own Door; and it is observable, that Youghal was wholly deserted; so that there was not one Soul left in it, except one Friar, who was spared for the Humanity he had showed to the Corpse of Henry Davels, which he carefully buried; but the old Inhabitants, were by Proclamation of the first day of February, invited to return, and to encourage them thereunto, a Garrison of three hundred Foot was left in the Town under the Command of the Captains Morgan and Pierce. In the mean time, Ibid. Ormond made great Preparations to recover the Castle of Sangically from the Spaniards, from whom he expected stout and obstinate Resistance; but on the contrary, they deserted the Castle upon view of the Army, and fled over the Water, but were so hotly pursued, that most of them were slain, and a Garrison was put into the Castle. Ormond's Head Quarters were at Adare, and it being usual for the Soldiers to range abroad for Forage or Plunder, Desmond placed an Ambush so luckily, that it once intercepted them; but being stout, and well disciplined Men, they made good their Retreat without any Disadvantage. In the mean time, the Lord Justice (whom we left at Limerick) marched into Thomond, where the Earl, and his Son, and two Servants, very ill mounted, met his Lordship, and waited on him to Galway; and there the Lord Justice confirmed the Privileges of that Town, 1579. and thence marched through Athenry, Ballinislow and Athlone, to Dublin, and there he found William Norris, and an hundred and fifty brave Horse (all in a Livery of Red Coats and Yellow Lace) newly arrived from England, which were immediately sent to Quarter at the Newry, where Norris died on Christmas Day. Captain Casy's Company, that was left in Galway, was forced to hire a House for the Soldiers, and the Queen paid the Rent of it; and on the twenty eighth of November a Custodiam of the Bishopric of Ross was granted to Robert Drury, for three Years; and on the 3d. of Dec. the L. Justice kept Sessions at Trim, and caused 16 Malefactors to be executed, and on the 10th of Dec. Sir Hugh O Reily made his Submission at Drogheda, and the same day 5000 l. in Money arrived out of England. On the eighteenth of January the Lord Justice left Dublin, and came by the Sea-coast to Wexford, where he kept Sessions, and sat personally in the Court; thence by Tintern he came to Waterford, where he was nobly received, and the Mayor carried the Sword before him: The Earl of Ormond met him at Waterford; and upon Advertisement that the Rebels drew near Dungarvan and Youghal, Captain Zouch was sent with four hundred Foot, and an hundred Horse to oppose them. On the Eleventh of February a Commission of Martial Law was sent to Sir Warham Saint-Leger, Hooker, 166. and then the Lord Justice, having stayed three Weeks at Waterford, removed to Clonmel, where Ormond met him again, and thence he marched to Limerick, and had his Baggage carried a great part of the way on men's Shoulders, for want of Carriage-Horses, or because of the badness of the Way, or both; at Limerick the Chancellor of that Diocese, was found guilty of Treason, for corresponding with Desmond, but he made Shift to get a Pardon, whilst the Bishop of Limerick (who was shrewdly suspected) was confined to his House. On the Tenth of March, the Lord Justice and Ormond met at Rakele, and the next day they passed over the Bridge of Adare, and returned at Night; and then they divided their Forces, and invaded Conniloe, burning and spoiling the Country, and encamped within one Mile of Kilcolman, where they had News that Lieutenant Parker, five Horse, and three Foot, coming from Limerick, were set upon by an hundred Rebels, near Rakele; but they so behaved themselves, that they slew the Commander, and five or six more of the Enemy, and came off with small Loss; the same day a Soldier of the Marshal's encountered two lusty Kerns, and having slain one, he compelled the other to carry his Fellow's Head to the Camp, where he was likewise slain. On the twelfth of March, the Army being divided, Preyed and burnt the Country to Slevelogher, as they did likewise the next day, and slew above four hundred Men, whereupon the Lord Lixnaw was humbled, and made his Submission. The Lord Justice having marched as far as Slewemiss beyond Traley, and not being able to pass farther, resolved to besiege Carrigifoyl, which was Desmond's chief strength, and it was Garrisoned with nineteen Spaniards, and fifty Irish, under one Julio, an Italian Engineer: The Lord Justice coming to view it, had like to have been killed with a Musket Shot; nevertheless, he persevered in his Resolution, and caused the Castle to be battered with three Cannon, a Culverin, and a demy-Culverin, till a Breach was made, at which Captain Macworth entered and took the Castle, putting fifty to the Sword, and six he took, and executed them in the Camp; the Captain, Julio was preserved two or three days for certain Considerations, and then not complying with the Lord Justice's Expectations, he was Hanged. On the third of April, 1580. the Army sat down before Askeaton, which is a very strong Castle built upon Rocks, and of very difficult Access; nevertheless, the cowardly Garrison were so frighted with the example of Carrigifoyl, Cambd. Eliz. 240. that they basely deserted the Castle the first night of the Siege, having first laid a train of Powder, which burned great part of the Castle, but did not prejudice the principal Towers: The same day George Carew, and others with three Companies attempted Ballyloghane another Castle of Desmond's, which the Garrison upon sight of them likewise deserted, but not so timely but that (being closely pursued) many of them were slain. Now was Desmond dispossessed of all his Castles, and therefore the Lord Justice leaving four Companies at Askelon, returned to Lymerick on the fifth of April, as Ormond did to Kilkenny, Malby to Connaught, and others to Dublin. However, the Army (though in Garrison) was not ildle, but behaved themselves effectually as they found Occasion, even the Lord Justice himself went by Sea from Lymerick to Adare, and sent Captain Case by Land, and both returned after the slaughter of many Traitors, with a Prey of twelve Hundred Cows, and many Sheep. At Lymerick, the fifteenth of May the Lord Justice received a Commission from the Queen to be Lord Justice, and another 〈…〉 Sir William Burk Baron of Castleconnel, with a Yearly Pension of an hundred Marks during Life. On the thirteenth of May, Sullevan, 101. Walsh's Loyal Remonstrance. Pope Gregory the thirteenth granted to all the Irish that would fight against the Queen, the same plenary Pardon and remission of all their Sins, as to those that are engaged in the Holy War against the Turk. On the seventeenth of May, a separate Commission of Martial Law was granted granted to the Lord Rooh, and Sir Cormack Mac Teig of Muskry, with Power to give Protection for fifteen days to any other than the principal Rebels. On the fourteenth day of June the Lord Justice invaded and destroyed Clanawliff, and thence marched through Slevelogher to Kerry, and on the fifteenth took a Prey of two Thousand Kine, and many Sheep, and missed but little of surprising the Earl of Desmond, and Doctor Sanders, this last being fain for haste to leave his Gown behind him; he took another Prey the next day at Castlemange; nevertheless, the Army being ill paid, began to Mutiny, and some of them refused to march with the Earl of Ormond into the Mountains of Kerry; but by the Lord Justice's Discretion, this Sedition was appeased, and the Mutineers were Pardoned. On the eighth of July, the Popish Lords of Munster appeared before the Lord Justice at Limerick, and being charged with Correspondence with the Rebels, and negligence in Prosecuting them, all of them (except the Lord Barry) submitted and promised future Loyalty, and were ordered to maintain two thousand Men during the War, and to give Pledges of Performance; but the next day they thought the Charge too heavy, and therefore were confined to their Chambers, till they sent their Pledges; soon after Sir Cormock Mac Teig was dismissed with Favour, and an Order to the Country to assist him in his Attempts against the Rebels, because he had promised to do some considerable Service, which he very luckily effected; for James of Desmond, on the fourth of August invaded Muskry, and took a Prey from Sir Cormock Mac Teig, Cambd. Eliz. 240. than Sheriff of the County of Cork, whereupon his Brother Daniel Mac Teig, assembled what Force he could get together to rescue the Prey; it was briskly disputed between them, and the issue was, the Desmonians being an Hundred and Fifty, were beaten, and most of them slain, and Sir James being taken Prisoner, was brought to Sir Warham Saint Leger, and Captain Raleigh, who caused him to be Hanged, Drawn, and Quartered at Cork. In August, Ormond dislodged from Adare, and marched to Buttevant, where a strange kind of Sickness (called afterward in England, The gentle Correction) seized the whole Army; it took them in the Head, and for two or three Days they lay Senseless, and then recovered, few or none died of it, though by the Violence of the Disease, it was not expected that many could recover. Ormond divided his small Army into two Parts, and marched with one half to Castle-Island, and the other he sent to Traley in Kerry, where all met, and then dividing into three Parts, marched to Dingle, and as they went, they drove the whole Country before them, whereby they took a Prey of eight thousand Cows, besides Garrons, Sheep, etc. and slew a great many People, and had slain more, but that Sir William Winter (who was then in the Harbour of Ventry, with some of Her Majesty's Ships) gave many of them Protections. This Winter was Vice-Admiral of England, and came to cruise about the Coast, and to prevent the Spaniards Landing if they should come, but he had not the Patience to stay, or else believed they would not come in the Winter, so he returned home before they came. In the mean time the Earl of Desmond was reduced to great Extremity, more of his Followers having perished by the Famine, than were destroyed by the Sword, so that the Countess came with Tears in her Eyes to intercede for her Husband, August. and Sir John Desmond, and Doctor Sanders endeavoured to fly to the Lord of Baltinglass, who was up in Leinster, but they were like to be intercepted by the Garrison of Kilmallock, who met them and their two Servants, and took the Servants whilst the Masters escaped, so they were forced to return to Kerry, and had been taken there, but that a false Brother gave them notice of the Design; however, they took two Friars, and a Prey of two hundred and thirty Kine, and slew divers of the Rebels. In the mean time the new Lord Deputy landed at Dublin on the twelfth of August, and immediately sent for the Sword; but the Lord Justice did not think fit to part with it until he personally surrendered it, which he made no haste to do, but instead of going directly to Dublin, (having left Sir George Bourchier, Colonel of Munster with two thousand eight hundred and twenty Foot, and three hundred ninety five Horse, and given him and others proper instructions) he road to Killalow, where the unconscionable Bishop demanded thirty Pound for one Nights grazing for an Hundred and sixty Horse; and thence he went to Connaught to settle the new Precedent, Sir Nicholas Malby, and so on the sixth of September he came to Dublin, and on the fourteenth of the same Month, at St. Patrick's Church he surrendered the Sword to Arthur Lord Grey, Baron of Wilton, Knight of the Garter, 1580. Lord Deputy, whose Instructions bearing date in July, were, 1. To observe former Instructions, whereof he shall have a Copy, 2. To assure the Irish of the Queen's Protection and Favour, if they deserve it. 3. To hinder the Soldier from oppressing the Subject, and to notify this by Proclamation, and to punish the Offenders, though Captains. 4. To shorten the War by effectual Prosecution. 5. To continue the Justice of Munster, and to increase his Allowance as you and the Council think fit. 6. After All-hollantide to disband as many of the new Soldiers as can be well spared, and secure their Arms. 7. Not to grant Pardons and Protections, but upon especial reasons, and to mention the Crime in the Pardon. This Lord Grey, before he was sworn, viz. in August, having notice that one Fitz Girald (with his Company, which he had in the Quens Pay) was revolted to the Lord Baltinglass, and being joined with Pheagh Mac Hugh, and other Rebels, had secured themselves in the fastnesses of Glendilogh, in the County of Wicklow, and did daily increase both in number and mischief, ordered a smart Party to attack them: Cosby, an experienced Soldier, dissuaded the Attempt, but having positive Orders, the Foot entered the Glins, whilst the Lord Grey with the Horse scoured the Plains; but the Rebels being well acquainted with these Woods, Camb. Eliz. 241. laid their Ambushes so cunningly, that the English could neither fight in that devilish place, nor retire out of it: Courage could but little avail them, whilst being mired in the Bogs, they were forced to stand still like Butts, to be shot at: Discipline or Conduct were of no use in that place where it could not be practised; in short, the English were defeated, and the whole Company slain, except some few that were rescued by the Horsemen, August 25. and amongst the rest, Sir Peter Carew, Colonel Moor, and the valiant Captains, Audely and Cosby were killed in this unfortunate Conflict. About the latter end of September, seven hundred Spaniards and Italians under the Command of San Joseph an Italian, landed at Smerwick in Kerry, being sent by the Pope, and King of Spain to propagate Catholic Religion in Ireland; they immediately built a Fort, and called it Fort deal over, and they fortified and furnished it the best they could, having brought with them Money and Ammunition, and Arms enough for five thousand Men. Ormond encamped at Traley, and the next day marched toward the Fort, which the Spaniards deserted, and retired to the fastness of Glanigall; Cambd. Eliz. 242. but finding the English Army was small, three hundred of them went to their Fort again, and the next day sallied on the English, who came to view the Fort, whereupon Ormond finding he was not sufficiently provided with Artillery and other Necessaries, retired to Rakele, where he met the Lord Deputy. The Deputy accompanied with the Captains, Zouch, Raleigh, Denny, Macworth, etc. and about eight hundred Men, discamped from Rakele, and marched towards the Enemy, but Captain Raleigh well knowing the Customs of the Irish, stayed some hours behind in Ambush, till several Kearns came into the forsaken Camp as they were accustomed, to scrape up what was left-behind, but he surprised them all, and punished them according to their Deserts. Now was Sir William Winter returned with his Fleet out of England, so that he, by Sea, and the Lord Deputy, by Land, laid close Siege to the Fort, having first summoned it, and received for Answer, That they held it for the Pope and the King of Spain (to whom the Pope had given the Kingdom of Ireland;) and not long after, the Spaniards made a Sally, which was well received by Captain Denny, and the Assailants were forced to retire. That Night the English raised a Battery with great dexterity, Cambd. Eliz. 242. which was ready by Break of Day; nevertheless, the Spaniards made a Sally, but very faintly, and without effect; nor did they do any thing the third Day worthy their Reputation; and on the fourth Day, being close pressed from Land and Sea, and all Conditions refused, they yielded at Mercy; which was too sparingly extended to them, every one being put to death except the Commanders; which very much displeased the Queen, although there was a necessity for it, by reason of the paucity of the English Army, and the number of the Rebels approaching. Sir John Fitz-Girald, Lord of the Decies, being a Prisoner to the Earl of Desmond, was here found and set at Liberty; the Fort was razed, and the Army dispersed into Garrisons; the Lord Deputy returned to Dingle, where Ormond met him with Supplies, and there Captain Zouch, with four hundred and fifty Men was left Governor of Kerry and Desmond, and had all the Victuals given him that were found in the Fort, and then the Deputy returned to Limerick. Now came out of England six new Companies, under Barkley, Cruse, and others; whereof, Barkly and two hundred Men were placed at Askeaton, and the rest were sent into Connaught, where the Mac an Earla's, or Clanrickard's Sons began to be unruly, as the Lord Baltinglass and his Complices were in Leinster. The Deputy having left Ormond Governor of Munster, returned to Dublin; where he took care of the other Provinces, and being supplied with an hundred and fifty Horse out of England, which were set out by the English Clergy, under the Command of William Russel (Son to the Earl of Bedford) and Bryan Fitz-Williams, he committed to the Custody of Wingfield, Master of the Ordnance) the Earl of Kildare, and his Son in Law the Lord Delvin, who were suspected to favour the Leinster Rebels; whereupon the Lord Henry Fitz-Girald retired into Ophalia, and was detained by the O Connors, till the Deputy sent Ormond and several Persons of Quality for him; to whom, after much ado, he was delivered, and with his Father sent into England, together with the said Baron of Delvin. There was certainly a Plot to surprise the Lord Deputy, Camb. Eliz. 257. and to seize on the Castle of Dublin, Sullevan, 93 and to Massacre the English; and John Nogent one of the Barons of the Exchequer and others were Executed for it, but whether they were guilty or not I leave (as I found it) doubtful, however it seems that this severity frighted Thurlogh Lynogh, O More, O Brine and the Cavenaghs into a Submission. In the mean time Captain Raleigh went to Dublin to complain of the Barryes' and Condons', Hooker, 173. and obtained a Commission to seize upon Barryescourt and the rest of Barryes' Estate, and had some Horsemen added to his Company to enable him thereunto, but Barry had notice of it, and to prevent him Burned Barryescourt, and the Seneschal of Imokelly placed an Ambush for him at Corabby, which Captain Raleigh manfully Encountered and Defeated, or at least broke through them, so that he came safe to Cork. On the 25th. of July one Eve Published Seditious Letters at Waterford, importing that the Pope and the King of Spain, and Duke of Florence had made a League to assist the Irish, with Ten thousand Foot, and a thousand Horse of the Popes; Fifteen thousand Foot, and a thousand five hundred Horse of the Spaniards; and Eight thousand Foot, and an hundred Horse of the Florentines; and that the Irish should Elect a King of their own Nation, and reject Elizabeth as a Bastard and a Heretic, and republish the Bulls of Pius Quintus against her, etc. And it was true that the Prince of Conde brought such a League to the Queen, which he said was made at Rome the 20th. of February 1580. About the same time the Lord Baltinglass wrote an Answer to the Earl of Ormond, assuring his Lordship that he had but two Councillors, one that said, Fear not those that can kill the Body only, etc. and the other bids us obey the higher Power, for he that resisteth it, resisteth God; seeing then the highest Power upon Earth Commands us to take the Sword, and to Fight and Defend ourselves against Traitors and Rebels, which do seek only the Murdering of our Souls, he is no Christian that will not obey. Questionless it is a great want of Knowledge, and more of Grace to believe that a Woman Incapax of Holy Orders, should be the Supreme Governor of Christ's Church, a Term that Christ did not grant to his own Mother. You should consider that if Thomas of Becket Bishop of Canterbury had never suffered Death in the defence of the Church, though Butler alias Becket had never been Earl of Ormond, etc. and about the same time he wrote to a Merchant of Waterford to provide him Ammunition and Arms, for which he would pay him to content. In the mean time Captain Zouch (who lay at Dingle) lost a great many of his Men by sickness, nevertheless when he understood that the Earl of Desmond and David Barry, had assembled three thousand Men near Ahado in Kerry, he Marched with the Remainder of his small Brigade to Castlemange, and upon a sudden surprised them so, that the Earl was fain to fly in his Shirt and shift for himself as well as he could; he fled to Herlow-wood a very great fastness, but being Necessitated to pass near Killmallock, the Garrison there under Bourcher, Dowdall, Macworth, and Norris, pursued them into the Wood and were like to take the Earl, but did take a great Pery and some of his Carriages, and killed a great many of his Followers. About the same time Fitzgirald commonly called Seneschal of Imokilly, preyed the Country about Lissmore, and slew twenty five of the Garrison that sallied to recover the Prey. The Lord Deputy appointed Archbishop Loftus and the Earl of Kildare Governors of the Pale during his intended Progress, and they had a General Rendezvouz at the Hill of Taragh in July, and then the Earl with two hundred Horse, and seven hundred Foot, by the order of the Council went to Parley with the Lord of Baltinglass, but to no purpose, and thereupon the Earl unadvisedly returned to Dublin, and the Enemy taking advantage of his Retreat, Burnt Newcastle in the County of Wicklow. 1581. In the mean time the Lord Deputy Marched to Munster, and made Captain Zouch Governor of that Province, and then returned to Dublin by the way of Connaugh. Zouch kept his head Quarters at Cork, and had Intelligencil that there was a great Feud between David Barry and the Seneschal of Imokelly, and that they both lay on Dunfrin●en side of the Blackwater, and that the Earl of Desmond and his Brother John, lay on the other side of the River in Condens Country, and that they were very active by their Messengers to procure a Reconcillation between Barry and the Seneschal, but were hindered by the great Floods from Negotiating it personally, as they designed; whereupon Captain Dowdall sent, one Richard Mac-James to the Irish Camp as a Spy, to whom one of the Desmonds' Messengers (not mistrusting him) discovered, that Sir John Desmond designed to come and reconcile the aforesaid Parties the next Morning, but I know not by what Artifice; the Spy persuaded the Messenger to go to Cork and tell his own Story, but 'tis certain thereupon Zouch and Dowdall (leaving the Government of Cork to Captain Raleigh) Marched on, Hooker, 175 pretending for Lymerick, and by break of Day they got to Castlelyons, and so Marching forwards to an Wood, and placing some Shot between the Wood and S●●an●cally adjacent Bogg, they met two Gentlemen in the Wood, who happened to be Sir John of Desmond, and James Fitz John of, 〈◊〉, both which they took and Executed; and which is most strange (as Mr. Sullivane tells the Story) 〈◊〉 great Hero was so daunted at the sight of the English, sulivan, 99 that he was not able to mount his Horse, though at other times he was an active man. But Zouch not contented herewith but remembering that David Barry, and Gorin Mac Swiny had lately prayed Carbery, and passing by Bantry had encountered the Garrison which Sallied, and killed every one of them but one, was now resolved to revenge it, and therefore fell upon their Army, and routed them; and this Defeat reduced Barry to the necessity of begging pardon, which at length he obtained. And so Munster being pretty quiet, and no news of the Earl of Desmond, the Munster Forces were reduced to four hundred Foot, and fifty Horse. But the Lord of Lixnaw and his Son pretending injuries from the Governor, took advantage of the reducement of the Army, and boldly went into Rebellion again, and his beginning was very successful, for he slew Captain Achin and the Garrison of Adare, except some few that saved themselves in the Abbey, and recovered that Fortress, also he took the strong Castle of Lisconnell by Stratagem, and threw the Garrison over the Walls, and though he falled in his cunning design on the Castle of Adnagh, yet he ranged over the Countries of Ormond, Tipperary, and Waterford without resistance. Wherefore Zouch not able to endure these affronts, with his small Army of four hundred Men Marched into Kerry, and came to Adare, which the Lord Lixnaw had forsaken, and thence he Marched to Lisconnell Wood, where he met the Baron with about 700 Men, who upon the first Charge ●led and left their Goods and Cattle behind them. Thence the Army Marched to Glyn Castle, where Sir Henry Wallopps, and Captain Norris' Companies (being 200 men) came to them from the Lord Deputy; hence the Governor went to Lymerick, leaving Captain Powdall to pursue the Baron, who soon met with him near Glanflisk, and defeated his Forces again, Hooker, 177. killing ●n hundred and forty of them, and taking a Prey of 800 Kine, 500 Horses, besides Sheep, Goats, Money, Cloarsh, and Victuals, with which he supplied the Garrisons, and returned to Adaro, where he left a Garrison and returned to Cork; this misfortune quite spoiled the Lord of Lixnaw, so that he was never more able to hold up his head, but most submissively applied himself to the Earl of Ormond, who got him a Pardon, though he had formerly suffered very great injuries from him. No sooner was this storm of the Lord of Kerryes' allayed, but the Earl of Desmond appeared again near Adare, and Skirmished smartly with the English; so that having lost many men, they had much ado to recover the Abbey of Adare where they lay in Garrison. About this time a contention arose between the Macan Earlas, Vlick, and John Burk, on the Death of their Father, but it was referred to Commissioners, who ordered that Vlick should have Loghreagh and the Earldom of Clanrickard, Lib. H. and that John should have Leitrim; and that the Commissioners should intercede to have him created Baron of Leitrim, and both of them agreed, that if either proved a Traitor to the Queen, the other should have all. One Birne, a Rebel (being weary of that sort of life) offered to Captain George Carew to bring his Captain Fitzgiralds Head to him, on condition to have his own Pardon; but Fitz-Girald had timely intelligence, and prevented the Execution of that Plot, by Executing Birne and his Complices; nevertheless, he was so frighted with this attempt, that he offered to do the like by Pheagh Mac Hugh for his own Pardon; but Pheagh also had seasonable notice, or a strong suspicion of this design, and fairly hanged his Friend Fitz-Girald in his stead. But this good Deputy by the contrivance of the Rebels, was represented at the Court of England as a bloody man, that regarded not the lives of the Subjects any more than the lives of Dogs, Spencer, 73. but had tyrannised with that barbarity that there was little left for the Queen to Reign over but Carcases and Ashes. And this false Story being believed in England, a general Pardon was sent over to such of the Rebels as would accept thereof, 1582. and the Lord Deputy in the midst of his Victories was recalled, so that in August he left Ireland to the care of Adam Loftus, Archbishop of Dublin, Lord Chancellor, Sir Henry Wallop Treasurer at Wars, Lords Justices, two men very unfit to be yoked together, Spencer' s View, 76. the difference between them being no less in their minds and affections, than it was in their bodies and professions. Their Government was auspicated with the Death of Dr. Saunders, Sullevan 100 who died miserably of a Flux and Famine in the Woods of Clenlis, whereby the Kingdom was rid of a malicious, cunning and indefatigable Traitor. And the Earl of Desmond was reduced to such straits, that he was forced to keep his Christmas in Kilquegg Wood near Kilmallock, whereof the Garrison of Kilmallock having Notice, they were induced by the importunity of John Walsh to endeavour to surprise him; 4 January. and in order to it they Marched in the night under the conduct of the Captain's Dowdal, Bangor, and Thornton, and came before Day to the River side, and by means of some Hurdles (which tied together, and fastened with Ropes to a Tree on this side the River, and made one of their men Swim over with the end of a Rope, which he also fastened on the other side) they safely passed the River, but made so much noise that Desmond and his Wife took the Alarm, and got out of their cabin into the River where they stood up to the Chin in Water on the Bankside, and thereby were undiscovered and escaped, but his Servants were all killed, and what Goods they had were carried away. Soon after this, Fitzgirald of Ballimartir, commonly called Seneschal of Imekilly, surprised Youghall, and entered one end of the Town, but was so warmly received by Lieutenant Calverleigh, and forty Shot he had with him, that the Seneschal was forced to Retreat, and leave fifty of his Men dead behind him. About the end of January, the Earl of Ormond Landed at Waterford with 400 Men, which were disposed of to the Captains, Bourcher, Stanley, Barkley and Roberts. This Earl was also made Governor of Munster, and procured two Pence a Day to be added to the Soldiers pay, which gained him abundance of Love and Respect from the Army. Ormond's first Attempt, was in Harlow Wood in Pursuit of the Earl of Desmond; he divided his Party into four Squadrons, and searched the Wood throughly, Slew many Rebels, and so dispersed and frighted the rest, that they never met in any considerable Body afterwards; but most of them, one after another, submitted and had Pardon; and on the 5th of June Desmond wrote a submissive Letter to the Earl of Ormond, which is to be found in the Caballa of Letters, 223. In August, the Garrison of Killmallock had fresh Advice, 1583. that Desmond with 60 Gallowglasses, was come into Harlow Wood, whereupon Captain Dowall so timed the matter, that he took 25. of them asleep in their Cabins; and the rest, who were boiling Horseflesh he quickly Discomfited and Slew. In September, some of the Lord Roches Men met the Earl of Desmond in Duhallow, accompanied by three Horsemen and a Priest; they endeavoured to take him, but being well mounted, they all escaped except the Priest, who discovered what Misery the Earl was in, and that he was supported chief by one Goron Mac Swiny, who was in Protection; whereof Ormond having notice, sent Captain Dowdall and a Garrison to Dingle, whereupon the Earl retired into the Country of Desmond, and got the greatest number of his Followers together that he could; and particularly, the said Goron and his Brother Morrogh Mac Swiny, by whose Assistance he hoped to renew the War. But it fell out otherwise; for Goron Mac Swiny having taken a great Prey in Carbry; three Irishmen, (who owned some of the Cattle) followed them at some distance, expecting an opportunity at night to Steal back their own Cattle, or an Equivalent; and to that end they hid themselves within a Musket-shot of Goron's Camp or Lodgement; and it so happened that Goron and a Servant (both unarmed) walked that way, and came near the place where the three Men were hid▪ and as soon as they perceived that Goron, and his Servant were unarmed, they surprised them, and cut off their Heads, and being satisfied with this Revenge, they ran away to shift for themselves. Desmond was beyond measure dismayed at this loss, and saw there was no way to recover it, unless he could regain such of his Followers as had taken Protection of the English; and therefore, in order to it, or to be revenged of them, he sent some of his Servants over the Strand of Traly to take a Prey, which they did; but a poor Woman of the Moriartas, (whose small Stock was all taken away by these Tories) immediately repaired to her Brother Owen O Moriarta als Droghbearla, and made such piteous Complaint, that he resolved to get her her Cattle again if possible; wherefore he addressed himself to the English Governor of Castlemange so effectually, that he obtained 7. Musketeers, and 12. Kearne, and with them he followed the Tract of the Cattle; that night they came to the Wood of Clawniginky (four Miles from Traley) where they resolved to lodge; but about Midnight, seeing a Fire, they drew towards it, and so came to a cabin, where they found an old Man alone sitting by the Fire (the Servants having ran away on their Approach.) Kolly (who led the Soldiers, Cambd. Eliz. 290. and was bred by the English, although a Native Irishman) struck the old Man with his Sword, and almost cut off his Arm; whereupon the old Man cried out, that he was Earl of Desmond; and Kolly would have spared him, but finding that he bled so fast, that he could not live, he immediately cut off the Earls Head, which was sent afterwards into England, and placed on a Pole on Londonbridge, and for this exploit the Family of the Moriarta's are in disgrace amongst the Irish to this Day; sulivan 100 and Mr. sulivan says, the place where his Blood was Spilt, doth still continue red. Nor had John Burk better Success; for he being in Protection, did nevertheless make an Attempt upon Adare, and endeavoured to Prey and Plunder the Country thereabout; but as he passed by, a Boy from the Castle discharged his Gun, and shot him Dead. And thus ended the Rebellion of Desmond, Cambden says, The Eleventh. in the Ruin of Girald the fifteenth Earl of that Family, after whose Death the common People did manifest such Desires of living in Peace, that the Forces of Munster were reduced to 200. And not long after a Commission issued to Sir Henry Wallop, Sir Valentine Brown, and others, to take a Survey of all such Lands as had been forfeited within the four years' last passed. And in Ulster, Lib. C. Sir Nicholas Bagnall, Sir Lucas Dillon, and James Dowdall Commissioners of Ulster, on the 22d day of October, 1583 in the presence of the Baron of Dungannon, and the Agents of Turlogh, Lynogh and O Donell, and by their Consent made these Orders between them. 1. That the Truce between them, be continued till the 17th of March next. 2. That on the 2d day of December, each of them shall put in Pledges at Dundalk, to keep the Peace towards the Queen, and each other. 3. That the Controversies between the said Parties, shall then be determined. 4. That if either Injure the other during the Truce, the Queen shall assist the Sufferer, and Punish the Delinquent. 5. That they shall choose indifferent Arbitrators to examine Witnesses, and determine the Differences between them if they can; and if not, then to Report the State of the Case to the Commissioners. And in Leinster, things were so quiet, that two of the O Conners determined a Controversy, in a form of Justice, which being a matter extraordinary, shall be related at large. Teig Mac Gilpatrick O Connor, was accused by Connor Mac Corm●ck O Connor, Septemb. 1583. before the Lord Deputy and Council, for Killing and Murdering his Men, being under Protection; Teig answered, That they had since the Protection, confederated with the Rebel Cahill O Connor, and therefore were also Rebels; and that he was ready to justify his Assertion by Combal; Connor accepted the Motion, and the Weapons which were Sword and Target, being chosen by the Defendant, the next day was appointed for the Battle, and Patrons were assigned to each of them to introduce them into the Lists; the Day being come, and the Court sat, the Combatants were likewise seated on two Stools, one at each end of the Inner Court of the Castle of Dublin; most of the Military Officers were present, to render this Action the more Solemn; and then the Plead being read, the Combatants were stripped to their Shirts, and searched by Secretary Fenton, and then each of them took a corporal Oath that his Quarrel was true, and that he would justify the same with his Blood; and then at the Sound of the Trumpets, they began the Fight with great Resolution; but at length Conner was twice wounded in his Leg, and once in his Eye; and thereupon designed to close with his Adversary, but Teige being too strong for him, pummelled him, till he loosened his Murri●n, and then he easily Stunned him, and with Conner's own Sword cut off his Head, and brought it to the Lords Justices. But Mr. Sullevan, Sullevan, 108. who exclaims against this barbarous way of Trial, commits three Mistakes in this one Story: First, he says, That this happened in Sir John Perot's time. And 2dly, That he forced the Parties to the Combat, and that they were ashamed to refuse it. And 3dly, That it was in a Controversy about Lands in Ophaly. But to proceed, The Viscount Ballinglass, that great Incendiary of Leinster, was so totally dismayed at the News of the Death of the Earl of Desmond, that he also privately Embarked for Spain, where not long afterwards he died for grief. So that the Kingdom being thus quieted, the public Revenue for the year 1583. Lib. M. amounted unto 23565 l. 12 s. Sir John Perrot Lord Deputy, was Sworn the 26th of June, 1584. his Commission was (as usual) during Pleasure 〈◊〉 make War and Peace, Caballa of Letters, 336. and to punish Offences, or 〈◊〉 them (Treason against the Queen's Person, or Counterfeiting Money, only excepted) to make Orders and Proclamations, to Impose Fines, and Dispose of Rebels Estates, to exercise Martial Law, and to Assemble the Parliament with her Majesty's Privity; to confer all Offices, except Chancellor, Treasurer, three Chief Judges, and Master of the Rolls; and to collate, and confer all Spiritual Promotions, except Arch-Bishops and Bishops, to do all things relating to Justice and Government, that the Queen could do if present. The Lord Deputies Instructions, were as followeth, I. To Assemble and Consult the Council, how the Government may be managed, that Justice may take place, the Charge lessened, the Revenue increased, and the Subject not oppressed. II. To reduce the Army, and the Pay as formerly, especially in the Countries not wasted, and to prevail with the Country to contribute, as Carbury heretofore hath done. III. To keep the Army in Discipline, that they do not oppress the Subject, and that the Companies be kept Complete and Full. iv To consider how Munster may be Repeopled, and how the forfeited Lands in Ireland may be disposed of to the Advantage of Queen and Subject; but first, they must be Surveyed by Commissioners now sent over to that purpose; and for the Encouragemennt of the Undertakers, and to avoid Fraudulent Conveyances by the Rebels, let there be a Parliament in a proper Season, to pass Acts of Attaindure, of fraudulent Conveyances, and of Qualifying Uses. V That where Leases have been made without usual Reservation of Portcorn, that matter be likewise amended next Parliament. VI To Report to the Queen, the Quality and Merit of those that have acted or suffered for her, and the Quantity of the Reward fit to be given them out of the forfeited Lands, and under what Covenants and Reservations; and She thinks it better to give it to their younger Sons than themseules, to increase the number of Freeholders. VII. To the same Effect. VIII. To lessen or dissolve the Pensions, and gratify the Parties with Portions of forfeited Lands, certifying the Value and Condition of the same. IX. To grant no more Land to any Man, than he shall be able to People. X. To renew and observe the Directions to former Deputies in all things that are not contradicted hereby. XI. Because the Tenants of the Crown are disabled by the Rebellions of James Fitz-Morris and Desmond, to pay their Arrears, to let them have new Leases for the Remainder of the Terms at the old Rent; the fourth Part of which, shall be paid in Beefs, at 9 s. a piece; or Corn, at the rate of Port-Corn; and for the Arrearages to give Instalments, or to remit part, or all, as you shall find requisite. XII. To resume by Act of Parliament, or on Composition with the Parties, the Demesnes and Conveniences of Her Houses, and Castles of Dublin, Killmamham, Athloan, Caterlagh, Leighlin, Monasterevan, etc. and to annex them inseparably to the respective Castles or Houses, by Act of Parliament, reserving the Ancient Rent. XIII▪ To do the like by any of the forfeited Lands, that lie convenient for those Castles, etc. XIV. To preserve the Woods on any forfeited Lands, near any Navigable River for her use. XV. That no Man Ecclesiastical or Civil, that has any Function or Office be suffered to be absent from his Charge above two Months, without special Licence, on pain of Forfeiture. XVI. To inquire (with the Council) what Outrages have been done, since March the 25th, 1583. and how redressed, who of Quality are Loyal, Disloyal, or Suspected, and to send Her an Account of the true Estate of every Province in that Realm. XVII. To inquire into all the Jurisdictions, and Irish-Chieferies, Exactions, Cuttings and Spend, which the Attainted Rebels enjoyed, that She may retain them, or by relinquishing them, manifest to Her Subjects the easiness of Her Government, and their Happiness under it. XVIII. That Commissions do not issue for every trivial Concern, and that the Allowance to Commissioners be not as great and burdensome, as formerly. XIX. That the Establishment for Conaugh be lessened, and that Richard Bingham be Chief Commissioner of Conaugh. XX. To place John Norris Esquire, Precedent of Munster, with the same Allowance yourself had, when Precedent there. XXI. To make Thomas Jones Bishop of Meath, Norris, Bingham; and Thomas L'Estrange Esquire, of the Privy Council. XXII. To place such an Archbishop at Armagh, (now void) as you and the Council think fit. XXIII. To certify Quarterly, the whole Expense in Ireland, and what is sent hence, and what is received there, to defray it. And afterwards, additional Instructions were sent to him, as followeth, I. To endeavour to ease Her Majesty's Charge in Victualling the Army, Lib. C. by getting Victuals in Ireland, and to save the charge and hazard of Transportation. II. To consider, how a College may be Erected, and St. Patrick's Church, and the Revenue thereof may be appropriated thereunto, and every Diocese by Act of Parliament, be made Contributory out of the Leases of Impropriations. III. To Name some that may be made Lord Barons. iv In the next Parliament to revive the Impost, which has been expired these two years. V To endeavour the getting in of the Debts due to Her Majesty. VI To Discharge such of the Pensioners (or to Reward them in forfeited Lands) as you shall think fit. VII. To Prefer the Ancient Officers and Soldiers, before new Comers. VIII. To take off the Wards and Garrison from Fernes and Iniscorthy, and other unnecessary places. IX. To repair the Forts of Leix and Offaly, at as small Charge as may be, and to prevail with the Inhabitants of the Country, for whose Defence they are made, to provide Carriage and Labourers, and to render an Account of the Condition of those Countries, and the Causes of it. X. To recompense Edward Waterhouse for the voluntary Surrender of his Patent for maintenance of Boats over the Shevin, such Entertainment, as you and the Council shall think fit. XI. To suffer no Man that was in the late Rebellions, of what Quality soever, to keep any other Arms, than Sword and Dagger. XII. To encourage the Loyal, and protect the pardoned People of Munster, and send your best Advice how Munster may be Repeopled. The Lord Deputy spent 18 days in close Consultation with the Privy Council, who were the Archbishop of Dublin, Chancellor; Earl of Ormond, Treasurer; the Bishops of Armagh, Meath and Killmore; Sir John Norris, Lord Precedent of Munster; Sir Henry Wallop, Treasurer of Wars; Sir Nicholas Bagnall, Knight, Marshal; Robert Gardener, Chief Justice; Sir Robert Dillon, Chief Justice of Common Banc; Sir Lucas Dillon, Chief Baron; Sir Nicholas White, Master of the Rolls; Sir Richard Bingham, Chief Commissioner of Connaugh; Sir Henry Cowley, Sir Edward Waterhouse, Sir Thomas L'Estrange, Sir Edward Brabazon, Jeffery Fenton, Secretary of State; Warham Saint Leger, and Sir Valentine Brown. And as soon as he understood the true State of the Kingdom, and had laid down the Measures of his Government, he issued a Proclamation of Oblivion and Indemnity, and then he sent the Earl of Desmond's Son James into England. On the 15th of July, The Lord Deputy began his Progress, and came to Molingar the 16th, and thence sent a cipher to the Lord Chancellor, and Sir Henry Wallop, to Dublin, whereby they might easily Decipher, and understand his Letters, which would be unintelligible to the Rebels, if they should happen to intercept them; thence he proceeded to Connaugh, where he endeavoured to reconcile all the great Men of that Country, and put to Death Donogh beg O Bryan, a bloody Murderer; in this Journey, he converted Friar Malachias a Malone, Brother to Mac William Eughter; and from galway, he came to Limerick, where he received the News that the Scots to the number of 1000 in favour of Surleboy, had invaded Ulster: and he also intercepted O Neals Fosterer returning out of Munster, from exciting the Irish Lords and Gentlemen there, to a new Rebellion: but though this Messenger upon Examination, confessed his Errand, yet he assured the Deputy, that all those he had gone to, refused to Rise, as long as Sir John Perrot, and the Earl of Ormond (whom they deemed just Men) continued in the Kingdom. Hereupon the Deputy took Pledges from those he most suspected, and leaving the County of Cork to the Justices, Walsh and Miagh, the Sheriff Sir William Stanley; and the Lords Barry and Roch, Limerick to the Provost Marshal, Desmond to the Earl of Clancar, 1584. Sir Owen O Sullevan, and O Sullevan more, Kerry to the Sheriff, and the Lord of Lixnaw, with the Lord Precedent of Munster, he returned to Dublin the 9th of August, 1584. In his way, he took Pledges from Pheagh Mac Hugh, and appointed Sir Henry Harrington, to take the like from O Birne, O Toole, and the Septs of O More and O Connor, and committed the King's County to the care of Sir George Bourcher, and of the Queen's County to Sir Warham Saint Leger; he also appointed Commissioners to take Hostages of the Cavenaghs; and when he came to Dublin, he decided a Controversy between Philip and Sir John O Reyley, to both their Satisfaction. About this time, the Lord Deputy published Orders to be observed by Justices of the Peace, one whereof was lodged with every Custos Rotulor, Lib. C. the most material of them, were to keep Sessions Quarterly; to inquire into Penalties of Statutes, forfeited Recognizances, Contempts, Breach of Peace, winking at Malefactors, Confederacies, and Parleys with Traitors, or notorious known Theives: that all Men and Women, from Sixteen to Seventy, be Booked and Sworn to Allegiance, else committed to Goal, to have General Musters every year, and see the People are Armed according to Law; to have Butts and common Pounds; to make two High-Constables (Substantial Gentlemen) in every Barony, and printed Books of their Duty to be sent them; and also two petty Constables in each Barony, to send to Goal all Spies, Carrows, Bards, and Idlers, etc. To appoint two Searchers for every Parish, to Search the Houses and Persons (not Gentleman) for Beef, Pork or Mutton; and if any such be found, and no notice was given to the Searcher, of the Killing thereof, the Party shall be punished by Fine; and to cause all Cattle to be marked with Pitch, or Ear-mark, on pain of Forfeiture. On the 25th of August, The Deputy with One thousand Foot, some Kearns, and the Rise out of the Pale, and some Lords of Munster, and well accompanied with Officers, and Persons of Quality, set out from Dublin, and came the 29th to Newry, where Turlogh Lynogh submitted, and put in Pledges, as did also soon after Macgenis Mac Mahon, Turlogh Brasilogh, and others. The Lord Deputy having thus secured the Country, ordered some Ships to Loghfoyle to attack the Scots that way, which they got notice of, and immediately retired and went off to Scotland, almost in sight of the English Ships, and their escape was imputed to the negligence of the Sea-Commanders. However the Deputy proceeded to the Ban, himself, Ormond and the Nobility, kept Clandeboy side, and General Norris, and the Baron Dungannon kept Tyrone▪ side: The Deputy spoiled Brian Carrows Country, and forced him and Surleboy to fly to Glancomkeane with their Creights and Cows. Norris took a prey of 200 Cows from Ochane, which gave great relief to the Army, but 100 of his straggling Boys and Servants were cut off by Brian Carrows men, and some that came to their Rescue were wounded; and soon after Mr. Thomas Norris was wounded in the Knee with an Arrow, and Oliver Lambert was taken Prisoner in Ochanes' Country, nevertheless the Rebels fled from the English, and were worsted in most encounters, so that Captain Meriman brought a good Prey from their fastness, and Norris scoured Glancomkene-wood, preyed Brian Carrows Country, and slew them that were put to defend it. Hereupon Ochane submitted and put in Hostages, and was the first Rebel in Arms that was pardoned since the Deputy came over; then went the Deputy to besiege Dunluce, and sent Artillery by Sea to Skerries portrush, and thence by men it was drawn two miles; it soon brought the Ward to parley, and to surrender this impregnable place; and the fame of this Exploit made the Warders desert Donfert, and these losses forced Surleboy to submit, and put in Hostages, and to beg Pardon, which was granted him. Whilst the Deputy abode in Ulster, O Donell, and O Toole submitted themselves unto him; and there happening some Controversies between Turlogh Lynogh, and others of the Oneals, he caused them to implead one another by Bill and Answer, that so those Contests might be regularly decided; he also gave them an Oath of Allegiance, and drew the Grandees of Ulster, to a Composition for the maintenance of 1100 Soldiers at their own charge, the Queen allowing every 100 men 250 Pounds. Lib. M. per annum, also they agreed to surrender their Estates and take new Patents; and in like manner the Lady Camphell, and Donell Gorme, made their Submismissions at the Camp near Dunluce on the 18th of September, and obtained a Grant of that part of the Glinns formerly Massets', paying 50 Bieves yearly, and supplying 80 Soldiers to serve the Crown when required: And so the Deputy left 200 Foot and 50 Horse at Colrain, and came to Newry on the 28th of September, to which place Turlogh Lynogh brought Henry, Son of Shan O Neal, and delivered him prisoner to his Lordship. Con mac Neal Oge was forced to content himself with the upper Clandeboy, and the Lieutenancy or Government of Ulster was divided between Turlogh Lynogh, the Baron of Dungannon, and Sir Henry Bagnall; and this great Service being thus effected, the Deputy returned to Dublin the 11 of October. Hence the Deputy gave an account to the Lords of the Council in England of his great Success, and proposed that for 50000 per annum added to the Revenue for three years, he would wall seven Towns, Athloan, Dingle, Colrain, Liffer, Sligo, Newry, and Mayo, and build seven Castles at Blackwater, and Ballishannon, Bellick, Broad-water in Munster, Castlemartine in the Routs, Galin in the Queen's County, and Kilcomane, and erect seven Bridges at Colrain, Liffer, Ballishannon, Dundalk, Fermoy, Veale near Slevelogher, and Kells in Clandeboy; and with the help of the Ulster Composition he would likewise maintain 2000 Foot, and 400 Horse, during that time; he desired 600 Soldiers and a Chief Justice might be sent over, that Tamistry might be abolished, and the Irish Lands passed in Patent to the Proprietors on English Tenors; to all which he received a smooth but dilatory Answer, and therefore wrote again to the Parliament of England the 17 of January 1584. to the same effect, and with like success. Nevertheless this active Governor proceeded to do what he could to repair the broken and miserable Estate of Ireland; he encouraged the Bishops to the Repair of Churches, and wrote to England that no more Bishoprics might be granted in Comendam; and he also divided Ulster into Counties, and placed Sheriffs, Justices of Peace, Constables, and other Officers in them. And then he summoned a Parliament to meet the 26th of April, 1585. at Dublin, and caused the Irish to conform to the English Habit to which they have a great aversion, because they esteem it a mark of Subjection. The Irish Lords were obliged to wear Robes, and the better to induce them to it, the Deputy bestowed Robes on Turlogh Lynogh, and other principal men of the Irish, which they embraced like fetters; so that one of them desired the Deputy that his Chaplain might walk the streets with him in Trousers, For then, said he, the Boys will laugh at him as well as at me; whereto the Deputy gravely replied, That the want of Order and Decency would be their Ruin, and demonstrated to them the Benefits of this Conformity. But before we come to the Parliament I must take notice of an Inquisition taken at Cork on the 4th of Nou. 1584. whereby it appears, 1. That the Manor of Guisnes, alias Cloghroe, belonged to the Crown, and was usurped by Lombard, Constable of the Castle. 2. That the Manor of Call●n, alias Glyn, (containing eight Plowlands between Cork and Kingsale,) was the ancient Inheritance of the Earl of March, and was intruded upon by Richard Roch of Kingsale; and that Glanny was an ancient Corporation. 3. That Ballynimony, alias Mourn, near Mallow, was an ancient Corporation. 4. That on the death of Matthew Shine, Bishop of Cork, that See had the three Plowlands of Ballynaspig, the Rent of Rochfort's Lands, the Rent of Curickana●y, of Ringnaskiddy, Downaghmore, Ahabullugg, and Kanivy, the Profits and Rent of Ballivorny and Killinully, etc. 5. That the Island of Inchydi●●y, near Cloghnakillty, is escheated to her Majesty for want of Heirs; and that the Bishop of Ross ought to have but seven Marks, half-faced Money, out of the same. 7. That Kinalmeky was the ancient Inheritance of the Crown, and Barry Oge (Farmer of it) paid the Rent to the Exchequer, and about the year 1460. O Mahown Carbry intruded on it, and gave Mac Carty Reagh half for protection. 7. That Cnoghor O Mahony was slain in the Earl of Desmond's Rebellion, and died seized of the Signiory of Kinalmeaky. On the 26th of April the Parliament met, according to appointment, and the Upper-house was very full, for there appeared four Archbishops, twenty Bishops, the Earls of Ormond, Kildare, Tyrone, Twomond, Clanrickard, and Glencar, the Viscounts Buttevant, Gormanstowne, Formoy, and Mountgarret, and the Lords Athenry, Kingsale, Slain, Delvin, Killeen, Honth, Trimletstowne, Dunsany, Dunboyn, Upper Ossory, Louth, Curraghmore, Insiquine, Castleconnell, and Cahir; but the Lower-house was as thin, for there were but 26 Cities and Boroughs in the Kingdom that sent Members to Parliament: It was endeavoured to pass a Law to try Accessaries in absence of the Principals, but it could by no means be effected; however this Parliament did enact many other good Laws, as followeth. 1. An Act to attaint James Eustace, Spencer 19 Viscount Baltinglass, and others, which is commonly called the Statute of Baltinglass, and makes Estates Tail (any kind of Inheritance) forfeitable for Treason, and provides against the fraudulent Conveyances of the attainted. 2. An Act for the Restitution in blood of Laurence Delahide: And then the Parliament was prorogued on the 29th day of May. The Lord Deputy did intent to suspend poinding's Act, that he might the more speedily pass such Laws as he thought necessary; but some Gentlemen of the Pale grew jealous of the design, and overthrew the Bill at the third reading; and although upon a conference they were persuaded to pass the Bill, yet their jealousies returning, they overthrew it a second time. There were also other Bills proposed; viz. that the Lands of persons attainted of Treason should be vested in the Queen without Office, and every Plowland should pay 13 s. 4 d. subsidy; and that all those who should rebelliously take or detain any of the Queen's Castles, should be guilty of Treason; but these Bills were all damned in the Lower-house, and the Acts against fraudulent Conveyances, and an Act to help mispleading and Jeoffails were stopped in the Upper-house; and an Act to enable Tenant in Tail to make Leases for 21 years could not obtain the Royal Assent. The second Session of this Parliament was on the 28th of April 1586. and then the following Laws being enacted, it was dissolved on the 14th of May. 1. An Act against Perjury and Subornation. 2. An Act against Witchcraft and Sorcery. 3. An Act against forging of Evidences. 4. An Act of Impost and Custom of Wines. 5. That all Conveyances made, or pretended to be made, by any person attainted within thirteen years before the Act, shall be entered on Record in the Exchequer within a year, or be void. This Act did not pass the Houses without great difficulty, and perhaps had not passed at all, if John Mac Edmond Fitz-girald (to prevent the Earl of Desmond's forfeiture) had not produced a Feoffment made by that Earl before he entered into Rebellion, which had taken effect, and baffled the expectations of the undertakers, if Sir Henry Wallop had not by good luck gotten the aforesaid Association made the 18th of July 1578. (which was two months before the pretended settlement, and to which this John Fitz Edmond himself was a party,) but upon the producing of that Confederacy, and the discovering of this fraud and subtlety▪ the honest part of the House were ashamed to abet so ill a cause, and so this Act was made to prevent the like contrivances. 6. An Act against forging or counterfeiting Coin not current in Ireland, and that it be Misprision of Treason. 7. An Act for the Attainder of the Earl of Desmond, and many others his Complices mentioned in the Act. 8. An Act for the Attainder of John Browne of Knockmonhie, and others. 9 An Act for the Restitution in blood of Taaf's Wife. But I should have given a list of the Militia of Munster, as it was in the year 1584. as followeth. Shot. Billmen. The City of Waterford 100 300 Cork 100 300 Limerick 200 600 clonmel 040 200 Killmallock 020 100 Fethard 020 100 Cashell 020 140 Kingsale 020 100 Carack 020 040 740 1840 The Barony of Muskry 020 300 Carbry 030 1000 the County of Typerary 050 400 the Barony of Decyes 020 200 Imokilly 012 080 Condoni 008 060 Lord Barry's Country 030 200 Mac Cartymor●▪ etc. 008 400 178 2640 On the 26th day of December, O Conner Sligo who had formerly taken a Patent for the County of Sligo at the yearly Rent of 100 l. per Annum, did covenant that in lieu of Cess he would pay every year a fine Horse, and 100 large fat Bieves per Annum for three years, and afterwards 130 Bieves per Annum at Michaelmas at the Castle of Athl●an, and also that he would at all Hostings bring 20 Horse and 60 Foot, and maintain them 40 days, and would pay in Money 25 l. per Annum, and that in cases of necessity he should assist the Queen with all his Forces, and that he should make legal Estates to the Freeholders, they paying their proportion of the aforesaid Contribution; and the Queen granted O Conner all Forfeitures for Felony, or by Outlawry, or Recognisance, and all Waifs, Strays, and Penalties for Bloodshed. On the 23d of May was published an Act (or rather Proclamation) of Indemnity and Oblivion for all Preys, Stealths, Plunders, and many other Crimes committed or done before the first day of that Month. But the Lord Deputy was again alarmed with a new Invasion of the Scotish Islanders, and therefore Turlogh Lynogh being old, the Baron of Dungannon was encouraged to oppose them; but lest he should grow too popular by that Authority, the Deputy thought it necessary to march into the North with such Forces as he had ready; he left Dublin the 26th of June, and passed speedily to Dungannon, where most of the Irish Gentlemen of Ulster, except James Carow, came to him, and submitted to his Lordship's command. Hence the Deputy sent Captain Dawtry to the King of Scotland, to pray restitution of the Irish Ships and Goods taken by his Subjects, and that he would stop the Islanders from destroying Ireland, to which he received a kind and favourable Answer, dated at Saint Andrews the fourth of August, 1585. but it came too late. Four hundred Islanders, arrived in Ulster, and were joined by as many more under the Conduct of Con Mac Neal Oge's Son, Hugh Mac Felim's Son, O Kelly, Mac Cartane, etc. and on the 28th of July were encountered by Captain Strafford, and 170 Soldiers, and a few Kerns, who continued the Fight from Morning to four in the Afternoon, still gaining Ground of the Enemy, of whom 24 were slain and 40 wounded, and of the English but 8 killed, and 12 wounded; and here my Author truly observes, that the Irish never gave the English a defeat but upon shrinking from them. The Enemy passed the River Ban, and went into Tyrone, but were so pursued by the Baron of Dungannon, and Captain Strafford, that they were forced to repass the Ban, and to retire toward Dunluce, and finding no quiet there, they went to Inisowen, and designed to surprise Strabane; but Hugh duff O Donell gave notice hereof to Captain Merriman and offered his assistance, and so Merriman with 160 Soldiers, and O Donell with a few of his follower's, marched all night to surprise the Scots. But 〈◊〉 their great amazement they found the Scots in a readines●●nd above 600 strong, so that they were able to divide 〈◊〉 Army into three divisions, so to assail the Royalists thre● several ways, whilst the English, being so few, were forced to keep in one entire Body. Alexander Mac Surly (who commanded the Scots) challenged Merriman to a Combat, and a lusty Gallowglasse being by, said he was the Captain; and so to the Duel they go, the Gallowglasse stunned the Scot at the first blow, but he recovering himself killed the Gallowglasse, and thereupon Merriman stepped out, and fought Alexander a good while with Sword and Target, and so wounded him in the Leg that he was forced to retreat; and thereupon his Army being discouraged were totally routed, and Alexander (being hid under a Turf in cabin) was discovered, and his Head cut off, and set on a Pole in Dublin. But how fortunate soever the Summer Progress was, yet the Deputy's Enemies complained against it as chargeable and unnecessary; so that he was forced to return to Dublin the 16th of August, where old Surlyboy came and submitted unto him. The chief Articles against the Deputy were, That he was severe, and forced the People to the Oath of Allegiance, and pried into men's Patents, and endeavoured to promote Laws against Recusants, and to repeal poinding's Act, and this Impeachment was abetted by the Chancellor, whom (being also Archbishop of Dublin) the Deputy had disobliged, by endeavouring to appropriate the Revenues of St. Patrick's Church to the new designed University, and by carrying himself too Magisterially in the Government; with the Chancellor Sir Henry Bagnal, Secretary Fenton, and others of the Council, sided, so that it grew into a powerful Faction, by which the Deputy was often thwarted at Council Board, and else where. The Lord Treasurer of England was a fast Friend to the Archbishop, so that by his means the appropriating of the Live of St. Patrick's Church was stopped, and other Affronts were put upon the Deputy, which so enraged him, that he spoke some passionate words of the Queen, which were the cause of his Ruin afterwards; and particularly having received some kind Letters from the Queen after some ill usage that he resented: Look ye, says he to the standers by, now the Queen is ready to bepiss herself for fear of the Spaniard, I am become her white Boy again: This Deputy was supposed to be the Son of Henry the Eighth, and had much of his towering Spirit in him: When he was Condemned he asked the Lieutenant of the Tower whether the Queen would sacrifice her Brother, to his frisking Adversaries, meaning the Lord Chancellor Hatton, who he said came into Court by the Galliard: He was condemned on the Priests forged Letter, and died suddenly in the Tower; and his Son Sir Thomas Perot was restored to his Estate. Nor did these his open Enemies only impeach him themselves, but they also instigated the Lords and Gentlemen of the Pale, (as was believed) to complain (by their Letter of the 15th of July, 1585.) that besides the 2100 l. which they had consented should be levied in lieu of the Cess; the Lord Deputy designed to impose a second Charge of 1500 l. per annum upon them, thereby to make Her Majesty's Government intolerable to them; but some of these Lords and Gentlemen being afterwards undeceived, generously wrote their Retractation of their former mistake to the Lords of the Council of England. Nevertheless the Deputy proceeded in his duty, and issued a Commission to two and twenty Gentlemen, whereof Sir Richard Bingham, Lib. L. 15th July, 1585. White and Waterhouse were of the Quorum, Authorising them to compound between the Queen and the Subject, and between the Lord and the Tenant, for Cess, Cuttings, and other incertain Exactions, and to bring the Inhabitants of Connaugh and Twomond to a composition of paying ten Shillings per annum. for every quarter of Land containing 120 Acres, besides a certain number of Soldiers amongst them on every rising out; they proceeded by Inquisition by a Jury to find out the number of Plow-lands, and the County of Mayo was found to contain 1448 quarters of Land, (whereof 248 might be exempted) and paid 600 l. per annum. and contributed 200 Foot, and 40 Horse at their own charge when required, and 50 Foot, and 15 Horse, in such manner as the Peers and English Bishops ought to do; Sept. 1585. and this was done by Indenture, whereby they voluntarily renounced the Irish Captainships, Styles and Titles, and abolished, the Irish Gavelkind, and Tanistry, and agreed to hold their Lands by Patent according to Law, and the like was done in the rest of Connaugh, and the whole Province was found to contain 8169 quarters of Land, whereof 2339 being exempted, there remained 6836 liable to an annual Rent of 3418. 5. 8. and to contribute 1054 Foot, and 224 Horse to the General Hostings in Connaugh, and 332 Foot, and 88 Horse, at any time for Forty days any where in Ireland: And Twomond for 1259 Ploughed Land agreed to pay 543— 10— 0 per annum and to find 200 Foot and 40 Horse armed at all Hostings in Twomond, and 15 Horse, and 50 Foot, at all General Hostings with Carriages and Victuals, and that all Irish Titles and Tenors should be abolished. Mac William Eighter's Country was divided into five Proprieties, and a certain Rent and Tenure was established between Lord and Tenant; and the Province formerly divided into the six Counties of Clare, Galway, Sligo, Mayo, Leitrim, and Roscomon, had Sheriffs, and other proper Officers settled in it; for which the Lords and Gentlemen of Connaugh sent a Letter of Thanks to the Lord Deputy, acknowledging the Quiet and Advantage they enjoyed by means of the foresaid Composition. One Dennis O Raughan a Priest, and Henry Bird Register to the high Commission Court, contrived arrogant Warrants in the Deputy's Name, importing a General Pardon to all Priests for all Offences, in such a style as if the Deputy had been King of Ireland, and though Bird afterwards confessed that he wrote the Warrants which were found in Raughan's Pocket, yet was this wicked Priest one of the fatal Witnesses against the Deputy, whereof he repent on his Deathbed: Nay, so unfortunate was this brave man, that even his own Secretary. John Williams betrayed him and discovered his Secrets, but the Queen abhorred the Practice, so that it rather served to discover his Adversaries malice, than to do him any harm. But nothing is more remarkable than that Hugh, Baron of of Dungannon, (who even since the beginning of Desmonds' Rebellion had a Pension of 100 Marks per annum and a Troup of Horse in the Queen's pay,) went to England, and advised the Queen to suppress the Name and Authority of O Neal; nor was the depth of his Hypocrisy discovered until this very ungreatefull Rebel (though the Son of a known Bastard) did afterwards assume the Name of O Neal, and therewith he was so elevated, that he would often boast that he would rather be O Neal of Ulster, than King of Spain. But the Queen (who thought him sincere and loyal) did not only create him Earl of Tyrone, but also granted him the whole County of Tyrone, discharged of the chief Rent he had formerly promised to the Deputy, on condition nevertheless that he should disclaim any right or superiority over the rest of Ulster, and should provide for Turlogh, and the Sons of Shan O Neale; Morison. 8. and a place for a Garrison or two was also reserved, and by the reputation of this Patent, Cambden. 122. and the Queen's Favour, the old Turlogh Lynogh was necessitated to quit Tyrone to this fortunate Spark. But Secretary Fenton, who was one of the best Servitors the Queen had in Ireland, and much confided in by her Majesty or, as others word it, was a Moth in the Garments of all the Deputies of his time, was frequently (as at this time) sent for into England, to inform the Queen of the true state of that Kingdom: What discovery he made of the miscarriages of the Government I do not find, but they may be easily traced from the instructions he carried back, which bore date in December, 1585. and were to this effect; That the Lord Deputy, and the late Justices and Officers of the Exchequer, should answer, 1. What became of the Fines, Recognizances, Forfeitures, Wards, Marriages, and Reliefs belonging to her Majesty, and of what value they were since March, 1579, and by whose Warrants were they respectively given, pardoned, or disposed of? 2. What Leases have been made of the Crown Lands in that time with or without Fine, and what Fine, what Rent? 3. What Debts were due to the Queen at Michaelmas 1579. or since, and by whose fault they remain unlevied? 4. That the faulty Officers may be suspended, and the rrecoverable Debts immediately levied, and a List of the desperate Debts returned? 5. What Debts have been remitted on account of the Land being wasted, and what Proof there was of such waste? 6. What Profits and Casualties have been answered on Sheriff's Accounts since Michaelmas 1579. and what Sums have been by Warrants, called Mandamus, divided amongst the Barons and Officers of the Exchequer? 7. What Fines, Amerciaments, Recognizances, or Forfeitures, have any Corporations taken to their own use in that time, on pretence of their Charters; and what right have they thereunto, because without express words in the Charter, those Recognizances and Profits do not pass, nor can they have the Fines of any Offence made so by Parliament since their Charter? 8. What new Offices or increase of Fees, and by whose Warrant, and that they be suspended till farther Order? 9 What Allowance for Diet or Attendence hath been given to Commissioners for taking Accounts? 10. Whether some Irish men did not surrender the Queen's Land, with their own, and had a Re-grant of both; and on what reservation, how many such Grants have not been certified into the Exchequer, not put in charge, and what rents are due, upon Grants? 11. What part of the 1000 l. per an. (payable by composition for discharge of the Bonnaugh the Gallowglasses were to have on the Country) is in Arrears, and whether there be not a new charge of 2 or 300 l. per annum to the Captains of the Gallow-glasses, and what service have they done for it? 12. What Seneschalships, Captainries, or Governments of countries' have been granted without the usual reservations, and what were the ancient reservations, and to grant no more without Order? 13. Why the extraordinary Garrisons put in time of Rebellion into Castles, etc. are continued and to what number, and to discharge as many as can be reasonably spared? 14. What Officers are paid with Sterling instead of Irish Money, and to what loss to the Queen, and by whose Warrant? 15. What forfeited Lands or Chattels in Munster have been granted or let, and by whose Warrants; what profits are paid or due for the same, and that no more be disposed of till her Majesty's farther Order? 16. What Money hath been paid for keeping Boats on the Shenin, and out of what Fund, and when did that charge cease? Besides these he had other Instructions to communicate to the Deputy: 15 Feb. 1585. viz. 1. That since the Kingdom was in peace, some of the Army (being 1900 strong) might be discharged. 2. That the Deputy should certify whether it were better to give the Soldiers Sterling Pay and no Victuals, (in which case he is to take nothing from the Country without payment, at such reasonable rate as the as the Government shall assess,) or to continue Victuals and the old Irish Pay, for the Queen will no longer allow both Victuals and the increased Pay. 3. That the Contribution of 2100 li. per annum in lieu of Cess, Purveyance, etc. be revived; (and accordingly on the 15th of May 1586. this was done by the consent of the Country, who agreed also to pay all the arrearages of that composition.) 4. That Captain Thomas Norris be made Vice-president of Munster, with all the usual allowance, except the Salary of 200 Marks per ann. which must be reserved for his Brother, the Lord Precedent; and that the Vice-president's Pension of twenty shillings a day be immediately stopped. Lib. C. 5. That the Queen's Orders be publicly read in Council, except they require secrecy, and then to be communicated to such of the English Council only as are ordinarily attending on the State. 6. That all Offices be given to fit persons, who are personally to officiciate, except in special cases. 7. That the Courts be removed out of the Castle. 8. That the Secretary of State keep the Signet, (as in England,) and that he make all Bills, Warrants, and Writings that require Signature, and that he keep a Register thereof, and have his Fees for the same. 9 That the Parliament being ended, Ulster might be so settled, that the Deputy might repair into Munster to watch the Motions of Spain. 10. That suspected persons be secured, and that the suspected Inhabitants in Towns be disarmed, and that the Loyal Townsmen be armed and disciplined, and that those that were lately Rebels be enjoined to keep at home, and if the Spaniards land, that the Forage be destroyed and the cattle removed up into the Country. The Queen also gave Secretary Fenton particular Instructions about the Plantation of Munster, and devised a Plot to this effect: Lib. C. That the Undertaker for 12000 Acres should plant 86 Families upon it; viz. his own Family should have 1600 Acres, one chief Farmer 400, two good Farmers 600 between them, other two Farmers 200 apiece, fourteen Freeholders' each 300, forty Copyholders each 100, and twenty six● Cottagers and Labourers 800 Acres between them: and so proportionably for a lesser Signiory: And she ordered, that if any unforfeited Lands be intermixed with the forfeited, that the party should be compounded with to his content, and brought out, that so the Undertaker might have his Manor entire; and she also ordered a better Survey to be made of the escheated Lands, for the direction of the Commissioners in setting them out to the Undertakers. It the mean time the Town of Dingle in Kerry was incorporated with the like Privileges as the Town of Drogbedah enjoyed, and there was also a superiority granted to that Corporation over the Harbours of Ventry and Smerwick and the Queen also gave the Townsmen 300 li. towards the walling of the Town. The Earl of Desmond and his Complices had forfeited a vast Estate, amounting in all to 574628 Acres of Land; the Earl himself had a prodigious Revenue for those times, and perhaps greater than any other Subject in her Majesty's Dominions: For his Rents were as followeth. l. s. d. In the County of Limerick 2413 17 02 Cork 1569 01 11 Kerry 2711 01 02 ½ Waterford 0242 14 02 Typerary 0060 00 00 Dublin 0042 08 00 Total 7039 02 07 ½ And this great Estate, except what was restored to Condon, the White Knight, etc. was by the Queen (who was intent on the peopling of Munster) disposed to certain Undertakers. Rent per ann. Acres. l. s. d. Com. Waterford, Sir Lib. M. 166. Christopher Hatton 10910 060 07 09 Com. Cork & Waterford, Sir W. Raleigh 12000 066 13 04 Com. Kerry, Sir Edw. Denny 06000 100 00 00 Ibid. Sir William Harbart 13276 221 05 04 Ibid. Charles Harbart 03768 062 15 04 Ibid. John Holly 04422 073 14 00 Ibid. Capt. Jenkin Conwey 00526 008 18 08 Ibid. John Champion 01434 023 18 00 Cork, Sir Warham Saint Leger 06000 016 13 04 Ibid. Hugh Cuff 06000 033 06 08 Ibid. Sir Thomas Norris 06000 033 06 08 Ibid. Arthur Robin's 01800 010 00 00 Ibid. Arthur Hid 05574 030 19 02 Ibid. Fane Beecher and Hugh Worth 24000 133 06 08 Thomas Say 05778 031 18 08 Arthur Hyde 11766 065 02 10 Edmund Spencer 03028 017 07 06 Cork and Waterford, Richard Beacon 06000 033 06 08 Lymerick, Sir William Courtney 10500 131 05 00 Ibid. Francis Barkly, Esq. 07250 087 10 00 Ibid. Robert Anslow 02599 027 01 06 Ibid. Rich. and Alex. Fitton 03026 031 10 05 Ibid. Edmund Manwaring, Esq. 03747 039 00 7 ½ Limerick, Waterf. Typerary, Sir Edward Fitton 11515 098 19 02 Limerick, William Trenchard Esq 1●000 155 00 00 Ibid. George Thorton Esq 01500 015 12 06 Ibid. Sir George Bourcher 12880 134 04 04 Ibid. Henry Billingsley Esq 11800 147 10 00 Typerary; Thomas Earl of Ormond 03000 016 13 04 1976 07 05 And, on the 14th of February; Letters were written to every County in England, to encourage younger Brethren to be undertakers in Ireland; and particularly Popham, Attorney General, was appointed in Somerset-shire to treat with them: The Queen's Proposals were to give them Estates in see at 3 d. per Acre in Limerick, Conilagh, and Kerry, one with another, and 2 d. per Acre in Cork and Waterford; every 300 Acres Demesn to maintain a Gelding, every 200 Acres of Tenancy a Foot man armed; no Irish to be permitted to reside on the Land: They were to be Rent-free till March 1590. and to pay but half Rent for three Years from thence they were to hold in Soccage, and to have Liberty for ten years to transport the Growth of their Land to any place in amity with England without Custom, and to do no Service till Michaelmas, 1590. and then but moderately; and be free from Cess for ever; and to have Liberty to transport necessaries from England without Custom; and they were promised that there should be Garrisons on their Frontiers▪ and that they should have Commissioners to decide their Controversies in Munster; Lib. D D D. but some of these Covenants the Queen did not perform, and particularly that of keeping Forces for their Security; and it seems that some of the Undertakers did encroach upon the Lands of the Loyal or protected Irish, or at least they made so general a complaint of it, that they obtained a Proclamation to issue to restrain it. In the mean time the Burks, a powerful family in Connaugh, finding that they lost much of their Authority by the aforesaid Compositions, and the Establishment of a Regular Government in that Province, repent of what they had done, and form many groundless Complaints; whereupon the Bishops of 〈◊〉, and Meath, etc. were commissioned to examine, and do them right. The Commissioners were indulgent to them, and they promised submission and acquiescence; but nevertheless in few days after they seduced the 〈◊〉, Joyces, etc. and went into Rebellion, and manned Castle Nikally, and Thomas Row's Castle. At the same time Mahowne O Brian held the Castle of Clan Owen against the Queen, but Bingham in seven days time won it, and flew O Brian, and razed that Castle and another of Fardaraugh Mac Donels to the ground; and Richard Burk on Proof of Confederacy was executed by Marshal Law. However the Burks proceeded in their Rebellion, and murdered Sixteen of the Officers of Connaugh, and invited the Scotish Islanders, who to the number of 2000 came to assist them, and contracted to expel the English out of Connaugh, and were to have a Proportion of Land for their pains: The Deputy would have marched against them, but was restrained by order from the Queen, not to march in Person without the consent of the Privy Council, so that he was forced to leave that matter to Sir Richard Bingham, who began his march the Twelfth of July, and came to Ballinrobe, where the Earl of Clanrickard, Brimingham, O Kelly, and many others, met him; and some Companies sent by the Deputy did also join him; whereupon he sent Commissioners to parley with the Burks, but to no purpose; and thereupon he took a prey of 4000 Cows, whereof 3000 were divided amongst the Army, and the rest employed otherwise in the Queen's Service, and slew 140 Rebels, whereupon Euston Mac O Donel, and Edmund Mac Richard Burk submitted. But the rest of the Burks, together with the auxiliary Scots, being about 3000 strong, marched to the River Earn, and were followed at some distance by the Earl of Clanrickard, and Sir George Bingham, with three Companies of Foot, and a Troup of Horse: The Lord President himself with the rest of the Forces was not so far behind, but he could come to their relief, if they should happen to be distressed. The English Army stayed fourteen days at Sligo, and the Rebels marched through Leitrim, over the Curlew Mountains into the County of Mayo; Bingham followed another way, and on a sudden turned aside to Roscomon to receive 50 Horse, and some Companies of Foot that came to his assistence. Hereupon the Rebels encamped at Ardnary, or Ardanar, on the River Moyn, and gave out that the English were fled, and that the Country was their own; but they reckoned without their Host, for Bingham on a sudden turned upon them, and surprised them, and gave them such a total defeat, that of the 3000 there did not above seven escape: The Lord Deputy, on the former report that the English were fled, came in Person as far as Molingar, notwithstanding the former prohibition, and there he met the news of that prodigious Victory; and so having stayed some few days to settle the Country, he returned to Dublin. In June 1589. Surlyboy, Neale Oge. and Shane Mac Brian O Neale, made their humble submissions to the Deputy; and not long after the Earl of Ormond's Officers made a complaint against Lovel, Sheriff of the County of Kilkenny, that he had executed Marshal Law on several Felons that had Lands and Goods, which would be forfeited to the Earl by their Attainder, and that the Sheriff took those Lands and Goods to his own use; and it seems it came to a Trial, and Lovel was acquitted by the Jury, which (together with some encroachments Ormond thought was made on his Palatinate of Typerary) occasioned a great feud betwixt him and the Deputy. I have seen an Account of this Earl of Ormond's Services, Lib. ●. as followeth: First, That he maintained 200 Horse, and 500 Foot in all Expeditions the Earl of Sussex made to the North, and had fought on Foot in every Battle. Secondly, He relieved the besieged Earl of Twomond at Queen Mary's Request. Thirdly, He took the Castle of Clare. Fourthly, He took several of the O Moor's Prisoners, and delivered them to the Earl of Sussex. Fifthly, He took the Earl of Desmond Prisoner, and killed 500 of his Men, and thereby hangs a pleasant story; for the Earl of Desmond being wounded was carried on a Bier on men's shoulders, and one of them in an insulting manner, asked, where is the great Earl of Desmond now? To which (they say) the Earl replied, Where should he be, but on the Necks of the Butlers? But to proceed. Sixthly, That he subdued O Sullevan More, and the Earl of Twomond. Seventhly. That he forced the Earl of Desmond to submit, Anno Dom. 1571. Eighthly, That he subdued Peirce Grace Rory Oge, and the Mac Swynyes'. Ninthly, that in Desmond's Rebellion he had destroyed 46 Captains, 800 notorious Traitors, and 4000 common Soldiers. Walter Riagh Fitzgirald, a sturdy Rebel, with some of the Birneses, and Tools, entered into Action, as they call it, but they were so hotly pursued, that Walter having endured much misery, at length submitted, and was pardoned. On the 26th day of April, 1587. a Commission issued to Sir Robert Gardiner, Sir Henry Wallop, Sir Luke Dillon, Sir Robert Dillon, Sir Valentine Brown, and Joshuah Smith, Chief Justice of Munster, or any three of them, Brown or Smith to be one of the Quorum, to make Books to the Undertakers of Munster, which shall be a sufficient Warrant to the Chancellor to pass Patents accordingly. And certainly it was a great Affront to the Deputy, Lib. M. that the forfeited Estates in Munster were thus distributed by Commissioners without his interposing therein, or being so much as named in the Commission: Nevertheless his Enemies prevailed yet farther to get Sir William Stanley, and 1000 men, to be sent from Ireland into Holland, where Stanley turned Papist, and Traitor, and to get the Ulster Forces disbanded; whereupon the Deputy wrote a Letter full of Complaints to the Court, but it was to no purpose, for he was in disgrace with the Queen for his aforesaid passionate Expressions. The Ulster Forces being removed, except some few left with Turlogh Lynogh, at his request, and for his protection, the Irish began to renew their Complaints; Mac Mahon led the Dance, and accused the Earl of Tyrone for cessing and oppressing the Country, and was patiently heard, and relieved; Macguire was as loud against both Mac Mahon, and Tyrone, and complained of innumerable Trespasses and Wrongs they had done him; he excused his personal appearance, because he had the rout; but offered to double his Hostages is his Fidelity were questioned. But these were trivial Contests, compared to that between Bingham and O Rourk, wherein the Deputy interposed so far; as to advise O Rourk to Obedience, and Bingham to a milder Government; which he resented so ill, that he told the Deputy at the Council-Board, that he countenanced O Rourk to the diminution of his Authority in his Province. Upon rumour of the Deputy's remove, the Lords and Gentlemen of the Pale wrote a very kind Letter in his Favour, and gave great testimonies of his good Government▪ whereby the Deputy obtained some Reputation and Advantage. The Cavenaghs had murdered Sir Dudley Bagnall, and one Heron, who had slain their Father▪ wherefore alleging many plausible pretences for their Rebellion, they submitted, begged pardon, and had it. Controversies arising between Turlogh Lynogh and the Earl of Tyrone, the latter took a Prey of 2000 Cows from the former; the Deputy ordered Restitution; but instead of that Tyrone invaded Strabane, but was forced to fly, by two English Companies that were left there with Turlogh. At the same time O Donell (instigated by Tyrone) refused to receive a Sheriff into Tyr●onnell, and shown other marks of Disloyalty: and Tyrone lent some M●n to the Scots, on condition to receive the like ●id from them at his need: he also reconciled himself to his Enemy Ochane, and made him his Fosterer; he took upon him the Name of O Neal, and by many other actions became suspicious to the State: Wherefore the Deputy 〈◊〉 one Skipper, a Merchant, with a Ship of Wine to Donegall, with directions, if O Neal or his Son should come aboard, to fuddle them, and clap them under hatches, and bring them to Dublin; which was diligently executed, and O Donell's Son was brought Prisoner to Dublin. About this time King James of Scotland sent over James Fullerton, and James Hamilton, (afterwards Viscount Clandeboy,) to keep correspondence with the English of Ireland, and to inform him of the State, Condition, Inclination, and Designs of the Irish; and to disguise themselves the better, they took upon them to teach School, and the famous Bishop Usher was their Scholar; and afterwards, anno 1593., he was at thirteen years of Age admitted to the College of Dublin, and the same Hamilton, being signior Fellow there, was his Tutor. But the Deputy's Enemies were restless, and had the Confidence to write a very querimonious Letter to the Queen, in the Name of Turlogh Lynogh; but Turlogh (as soon as he had notice of it,) sent his Secretary Solomon to England to disown it, and to applaud the Deputy's Government: However, the Deputy being tired with these Contrivances, reiteratred his Requests to the Queen, to be discharged of his Office, which at length was granted; and so having first taken pledges of all the considerable Irish, he resigned to, Sir William Fitz Williams, 1588. Lord Deputy, who was sworn on the 30th of June 1588. He had formerly been a very good Governor in Ireland, but being answered at Whitehall, (when he sought some reward for his Services,) that the Government of Ireland was a Preferment, and not a Service, he ever after endeavoured to make his Profit of that Office. It was not long after his coming before the Invincible Armado was forced to coast about Scotland, so that many of them became shipwrecked on the Northern Shores of Ireland, to the number of 17 Ships and 5394 Men. By this Shipwreck much Treasure (which belonged to the Queen by her Prerogative) fell into the hands of the Natives: The Deputy issued out a Commission to make enquiry after it; but that proving ineffectual, and he being desirous to have a Finger in the Pie, went personally into Ulster in November, to the great Charge of the Queen and Country, but to very little purpose; whereupon he grew so enraged, that he imprisoned Sir Owen O Toole, and O Dogherty, who were the best affected to the State of all the Irish; and the former he kept in Prison during his time, and the other he detained two years, until he was forced to purchase his Discharge. One of the O Neals, by Name Hugh ne Gavelock, Bastard Son of Shane O Neal, (or rather Connor Mac Shane,) discovered to the Deputy, that Tyrone had cherished and entertained several of the shipwrecked Spaniards, and had entered into Combinations with them, prejudicial to the State; whereof Tyrone having notice, he used effectual means to get the Informer into his power, and caused him to be hanged, though for the respect they bore to the Name of O Neal, it was exceeding difficult to find an Irishman that would be the Executioner. It seems the Deputy made another journey to Connaugh, for on the 20th of June 1589. at Gallwey Sir Morrogh O Flagberty, Lib. C. William Burk the blind Abbot, and several Rebels of Mayo and Ter Conagh submitted to the Deputy on these Conditions: 1. To put in such Pledges as the Deputy should name. 2. To disperse their Forces and live quietly. 3. To deliver up the Sparniards and Portugueises they had. 4. To make amends for all spoils, etc. since the 30th of May last. 5. To make such amends for former spoils as Commissioners to be appointed by the Deputy shall adjudge. 6. To pay such Fine as the Lord Deputy thinks fit. 7. This being performed they shall have pardons. Mr. Sullivane assures us, that there were 1000 Spaniards under Antomo de Leva, Sullevan 121. relieved by O Rourk, and Mac Swyny na Doo; and that the Irish urged the Spaniards to assist them, and they would easily first relieve Ireland, and then conquer England; but that the Spaniards refused for want of Commission, but promised to return with competent Force to effect those Designs; wherein they were mistaken, for the Ship foundered, and they were all drowned in fight of the Harbour; while they were on Land, the Queen's Officers desired leave to assail the Spaniards, but these noble Catholics denied that, alleging it was unlawful to suffer any prejudice to those good Christians, whom they had taken into Protection. But O Rourk, and Mac Swiny, well knowing that Sir R. Bingham, Governor of Connaugh, would not take this at their hands, entertained Morough ne Mart and 200 Munster-men in their pay, Ibid. and with this small Force, and some few of their own followers, they took the Field. Bingham, accompanied by the Earl of Clanrickard, did the like, and surprised the Irish at Droumathier, where Morough ne Mart lost his Eye by a shot; but by the valour of Roger mac Donall Swiny (my Autour's Uncle,) the Irish made a gallant Retreat. But Morough ne Mart having cured his Eye, Sullevan 122. was wounded in the Heart by O Rourk's Daughter, whom he first ravished, and then sent her home to her Father. Hereat O Rourk grew so angry, that Morough and his Soldiers would stay with him no longer; so that O Rourk was forced to address himself to Mac Swiny na Doo, who very generously made him Generalissimo of his Forces; but I suppose he found but ill quarters there, for it was not long before he went to the King of Scots; but he being no Friend to Rebels, delivered him to the Queen of England, Camd. Eliz. 447. who had him tried, condemned, and hanged. Of this O Rourk there go two pleasant Stories; one, that being asked why he did not bow his Knee to the Queen, he answered that he was not used to bow: Sullevan 122. How! not to Images? says an English Lord: Ay, says O Rourk, but there is a great deal of difference between your Queen and the Images of the Saints: The other, that he gravely petitioned the Queen, Bacon's Essays. not for Life, or Pardon, but that he might be hanged with a Gad, or Wi●● after his own Country fashion; which doubtless was readily granted him! Upon the death of Mac Mahon who had taken a Patent for the County of Monaghan, his Brother and Heir, Hugh Roe, petitioned the Deputy to be settled in his Inheritance; and the Irish say it cost him six hundred Cows to get a promise of it: At length the Deputy would go in person to do it, but instead of that, as soon as he came to Monaghan, he imprisoned, tried, and condemned Mac Mahon, for levying Forces two year before▪ to distrain for Rent he pretended due to him in the Ferny. Camd. Eliz. 447. The Irish say he had hard measure, and instance much foul practice in the Prosecution and Trial; but however that be, the poor Gentleman was hanged, and his Country divided between Sir Henry Bagnall, Cap. Henslow, and four of the Mac Mahouns, under a yearly Rent, each of them giving considerable Bribes to the Deputy, as they said in their Complaint to the Council of England; but the Lord Deputy in his Answer did vindicate himself from these unjust Aspersitions, or at least endeavour to do so; however it must be observed, that from henceforward the Irish loathed Sheriffs, and the English Neighbourhood, as fearing in time they might all follow the Fate of Mac Mahoun; and therefore in the great Treaty near Dundalk in Jan. 1595. they all desired to be exempted from Garrisons, Sheriffs, and other Officers. In May 1590. the Earl of ●●●one went for England, where he was in an easy manner restrained of his Liberty, because he came over without the Deputy's Licence; but upon his submission he was discharged of his Confinement, and came to a new Agreement with the Queen, (which is to be found at large, Morison 9) and offered Hostages thereof, provided they might be kept in some Merchant's House in Dublin, or some Gentleman's House in the Pale, and be exchanged every three Months. The reason why he was so much favoured and trusted was, because he advised the suppression of the Name of O Neal, which was really of great importance; and he was believed to be sincere, because, being the Son of a Bastard, he could have no pretence to it, and it stood not with his interest that any body else should have it; and so his Power and Authority was in England thought to to be a Bridle upon Turlogh Lynogh, and the Sons of Shane O Neal. On the 28th of May 1590. seaventy one Soldiers of Sir Thomas Norris' Company mutinied for want of Pay; they came armed to the Castle Gate: The Deputy offered them two month's Pay, but they insisted upon all; whereupon he courageously caused the Gate to be opened, and sent them a Message, that whoever entered the Castle should be hanged as a Traitor; they answered, that they did not intent to enter; upon that the Deputy road out to Church, Sir Geo-Carew, Master of the Ordnance, bearing the Sword before him: the Mutineers made a Guard for him, and begged his Lordship would consider them; but he briskly road up to one of them, and finding many Gentlemen behind him, he ordered them to disarm the Mutineers; but they prevented it by laying down their Arms, and placing themselves on their Knees, supplicated his Lordship's favour: and though they were tied two and two together, and sent to Newgate, to vindicate the Authority which they had affronted, yet, because their Indigencies were great, I suppose they came off without much severity. About December four considerable Prisoners escaped out of the Castle of Dublin, December, 1590. not without the privity of a great Man, well bribed, as was supposed, viz. the two Sons of Shane O Neal, O Donell's Son, and Philip O Reily; but the Wether being very bad, and the Journey tedious, Art O Neal, one of the Prisoners, died by the way, but the rest escaped to Ulster; where the two other Sons of Shane O Neal fell into the power and possession of the Earl of Tyrone, anno 1594. who kept them Prisoners, and would by no means enlarge them, or deliver them to the Deputy. Tyrone on the 9th of August appeared at Dublin, and confirmed the Agreement he had made in England; but when he was urged to the performance of it, the used many shifts, and delays, and desired the like security might be required of his Nighbours. This Winter Turlogh Lynogh's Men were wounded by Tyrone's, and the next Summer the Marshal Bagnall's Sister was taken away, and married to the Earl of Tyrone; so that he became again obnoxious to the State, and odious to the Marshal, because he had another Wife then living. Wherefore on the 16th of July he wrote to the Lords of the Council in England, that Turlogh's Men were preying his Country, and were killed by their own fault; and in October following he wrote to the Deputy, that the Marshal's Sister married him voluntarily, and that he was lawfully divorced from his former Wife. In the mean time (viz. July 1591.) Tyrone was made a County, and divided into eight Baronies, Dungannon being appointed for the Shire-town; which, amongst other things, and particularly the Authority of Marshal Bagnall, so fretted Tyrone, that 'tis believed it was this Summer confederated between him and the rest of the Irish, to defend their pretended Rights and Religion against all Heretical Opposers, and not to admit Sheriffs into their Countries. This Winter Commissioners sat at Monaghan, in order to settle the Country on the Queen's Patentees, and had 100 Soldiers for their Guard; they were alarmed and disturbed at the rumour, that Con Tyrone's Son was appoaching, for which Tyrone was blamed; but he answered, That they were frighted at the sight of two Horsemen, there being no more near them at the time of the Alarm. However the State grew every day more and more jealous of him, and the ●ather, because he entertained a Friendship with Hughroe, who escaped out of Dublin Castle as aforesaid, and was now the O Donell, his Father being dead, and had surprised the Castle of Montross; nor did Tyrone's pretence, that he did this in order to make O Donell a good Subject, give any satisfaction to the State, although at the same time he craftily desired the Lords of the Council to interpose, so that he might have the Marshal's Love, and that they might live friendly together. On the 12th of July a Commission issued to Sir Thomas Norris, Sir Robert Gardiner, Sir Nicholas Walsh, 1592. Roger Wilbraham, and James Gold, to compound with the Inhabitants of Munster for Cess and Purveyance, etc. and thereupon in September following, the Commissioners did make a Composition for three years, which amounted yearly to the following Sums, viz. The Barony of Orrery 20 00 00 Condons' 06 00 00 Kinalea 15 00 00 Ibawne 25 00 00 Fermoy 25 00 00 Ivelegham and Gormlehan alias Barrymore 42 00 00 Clanmorris 50 00 00 Desmond 30 00 00 County of Waterford Poers Country 45 00 00 Decyes 35 00 00 Coshmore & Coshbride 12 00 00 Ifeagh 18 00 00 Imokilly 60 00 00 Barretts 23 00 00 Conr●yes 05 00 00 Duhallow 30 00 00 Muskry 35 00 00 Bear and Bantry 13 06 08 Carbry 80 00 00 The Barony of Connilo was to pay 25 s. for every quarter of Land, and small County but five Shillings per annum, and the rest of the County of Limerick 10 s. per annum for every Plow-land: The Barony of Kyrricurry was to pay 1— 6— 8 in lieu of all charges out of every Plow-land, only the twenty Plow-lands formerly held by Sorohen, should pay but 15 s. a piece per annum; and in case of Invasion, so that of necessity the Soldiers must victual on the Country, six shillings and eight pence per Plow-land shall be abated therefore; and the Territories of Trachanckmy, Corkaguiny and Offerbuy were to pay 02— 13— 04 out of every Knight's-Fee; but that which was the best Article in the whole agreement was, that the Country was to appoint their respective Collectors of the Composition-Money. The year 1593. is memorable for the College of Dublin, 1593. which was then finished, and made an University, whereof the Lord Burleigh was the first Chancellor, and Usher, afterward the Learned Primate, was the first Scholar that was entered there, which proved a good Omen, that that Noble foundation would produce many Good and Learned men, for the Service of God and the King, both in Church and State. But the rebellious Spirit of the Irish could be no longer restrained, Camb. Eliz. 478 but that it must have some vent; O Connor was troublesome in Connaugh, as O Donell was in Ulster, and Macguire, chief of Fermanagh, (alleging that he had paid 300 Bieves to the Deputy to excuse his Country from a Sheriff during his Government, and that nevertheless one Captain Willis was appointed Sheriff, and kept 200 followers, Men, Women, and Boys, who preyed on the Country,) did rise up in Arms, and drove them all to a Church, where he would have murdered them, but for Tyrone, who got their lives spared, on condition they should departed the Country. Hereupon the Deputy invaded Fermanagh, and proclaimed Macguire Traitor, and took Eniskilling; and they say he let drop some words reflecting on Tyrone, which he afterwards said was the first cause of the jealousy he conceived of the English. But Macguire not discouraged at this, (by the importunity of Gauran, titular Primate of Ardmagh,) invades Connaugh, intending to prey upon that Country; but the valiant Bingham routed him and his Forces, many of which were slain, and particularly the Primate. It is observable that in the Course of this War Tyrone served (with Marshal Bagnall) against Macguire, and in a Recounter got a wound in his Thigh. Nevertheless the Feuds betwixt Tyrone, Lib. L. 1594. and the Marshal continued, and the Marshal impeached the Earl of divers Treasons: 1. That he entertained the aforesaid Primate being a Traitor: 2. That he corresponded with O Donell, and other Traitors; but he so well acquitted himself before the Deputy and Council at Dundalk, and by his Letters in England, that in August 1594. the Council of England commended him for his Service against Macguire, pronounced him innocent of the Crimes laid to his charge, and chid the Marshal for his partiality: Nevertheless it is plain, that this cunning Earl at this very time plotted that formidable Rebellion which afterward broke out; and in order to it he used two Stratagems: 1. Having six Companies under his Command at the Queen's pay, he altered and changed the men so often, that thereby his whole Country became disciplined Soldiers. 2. He got a great quantity of Lead into his possession, under pretence of building a stately House at Dungannon: But in August the Lord Deputy was recalled, and, Sir William Russel, youngest Son of Francis Earl of Bedford, Lord Deputy, landed at the head of Hoath, 31st of July, and the next day he went to Dublin, but refused to accept of the Sword, till the Council had first given him in writing under their hands, an account of the State and Condition of the Kingdom; which being done, he was sworn on Sunday the 11th of August with great Solemnity. The same day news were brought that Cormock, Mac Baron (Tyrone's Brother) who besieged Iniskelling, had defeated the English, being 46 Horse, and 600 Foot, under the Conduct of Sir Edward Herbert, and Sir Henry Duke, whereupon Sir Richard Bingham (who was the sixth of August sent to relieve that place) returned to Dublin. 11 August. Hereupon order issued for a general Hosting, and the next day there came news of 2500 Scots, who had landed, and done much mischief at Carigfergus: On the 13th of August an Order of Council was made, That the Lord Deputy (leaving the Earl of Ormond to defend the Pale against Pheagh Mac Hugh, and Walter Riagh) should march to relieve Iniskelling; and it was also ordered and agreed, That the Council being divided, viz. some to stay at Dublin, and others to attend the Lord Deputy, the Acts and Orders of either Party should be as effectual as if they were all together, and should be esteemed and obeyed as the Act of the whole Council. In the mean time, Lib. M. Lambeth. on the 15th of August, Tyrone himself (unexpectedly, and to the amazement of all men) came to the Council Board, without previous Pass, or Protection: and on the 17th made his submission on his knees, and in writing, Lib. B. 2. Lambeth. this wheedling Submission. together with large offers and expressions of Loyalty; he pretended all his distaste was at the former Deputy, but that he reverenced this, and was ready to do any service he could for Her Majesty, or his Lordship; he confessed that no Prince in the World was more Gracious to a Subject, than Her Majesty had been to him; that She had advanced him to a large Estate, and high Title, and called God to Witness that Her Majesty's Displeasure was his greatest grief; and he renounced God, if ever he would heave up his hand against Her Majesty thereafter: He also promised to send his Son to be educated at Dublin, and to deliver sufficient Pledges of his Loyalty; whereupon (by the opinion of the major part of the Council) he was discharged, Camd. Eliz. 493. the Marshal Bagnall in vain offering to prove several Treasons against him. But as soon as the Queen was informed thereof, she smartly reprimanded this fatal oversight of the Deputy and Council, who might at least have made use of Tyrone to relieve Iniskelling. The Deputy marched from Dublin the 19th. August. 1594. and came to Trim that night, the 20th to Molingar, and the next day to Athloan, the 23d to Roscomon, the 24th to Abbey boil, on the 26th he passed the Curlew Mountains, and encamped at Drumdone, and the next day passed the Bogs, and marched eleven Miles to the Hill of Killargan; on the 28th he went over other Bogs with great danger, and came to Ballaghnimerla, and on the 29th to Glacknemansha; on the 30th his Lordship with great difficulty, and some loss, passed the River with 500 Men, and entered the Castle of Iniskelling without opposition, the Enemy being fled upon the news of his approach. Iniskelling being thus relieved, the Deputy returned by easy Marches, and came safe to Dublin on Monday the 9th of September. On the 16th of January the Deputy took a Hunting Journey to Ballynecor, and drove Pheah Mac Hugh into the Glinnes, and garrisoned Captain Street's Company in his House, and the next day proclaimed him, and Walter Riagh, and their Adherents, Traitors: Some of those Rebels Heads were brought in daily; but on the 30th of January, Girald, Brother of Walter Riagh, with fourscore Men, came and burnt Crumlin, within two Miles of Dublin. This bold Attempt obliged the Deputy to another Journey to Ballynecor; he set out the first of February, and continued fortifying at Ballynecor till the 20th; at which time he returned to Dublin, having destroyed Girald, and James, the two Brothers of Walter Riagh, and some few more of the Rebels; and about the beginning of April Walter Riagh himself was taken in a Cave by Sir Henry Harrington, and sent to Dublin, where he was hanged in Chains. On the 11th of April the Deputy began another Journey into the Country of Wexford, 1595. and for some time encamped at a place called Money: and it seems the manner of encamping then was in small Cabins, built on purpose, and not in Tents, as it is in foreign Countries. He returned to Dublin the 15th of May, having taken the Wife and Sister of Pheagh Mac Hugh, and slain or executed several of his followers. In the mean time the North was unquiet, and Monaghan was in distress; for Tyrone, notwithstanding all his Oaths and Asseverations, Camd. Eliz. 494. did now again appear publicly in Rebellion; wherefore on the 24th of May Marshal Bagnall (who was Lieutenant General in this Expedition) marched with 1500 Foot and 250 Horse from the Newry, and encamped that night at Eight-Mile-Church: Tyrone with 1500 Horse appeared within half a Mile of the Camp, but without skirmish retired; on the 25th the Army marched eight Miles farther, and at a Pass were opposed by Tyrone, but after a Skirmish of three hours, the English forced the Pass, and marched that night to Monaghan, and obliged Macguire and Mac Mahon to raise their Siege. The English encamped that Night on a Hill by the Abbey of Monaghan, and the Irish being united made up 8000 Foot and 1000 Horse, and drew up within a Mile of them; however they did nothing more than alarm the English once or twice that night; but the next day they guarded all the Straits and Paces, resolving to hinder the return of the Army; but the Marshal having recruited the Fort of Monaghan with Men and Victuals, marched homeward another way, which the Rebels perceiving, they hastened to possess a Straight which the English must of necessity pass through, and there they entertained a smart Fight, to the slaughter of twenty Englishmen, and the wounding of ninety; their own loss amounted to three or four hundred; but if the Rebel's Powder had not been all spent, this Encounter had been more unfortunate to the English. That night the Royalists were forced to lodge in the midst of the Enemy, which might have been fatal to them, if the Rebels had had any Ammunition left; they sent to Dungannon for supply, but none came; so that the Queen's Army got back safe to Newry, the Irish not thinking they would take that way, being in the mean time busy to obstruct their March towards Dundalk. General Norris, and other Captains, brought over 2000 old and 1000 new Soldiers, which the Deputy had seasonably sent for, and they were refreshing themselves in their Quarters, the better to enable them for some great Undertaking. In the mean time Captain George Bingham, June. and the Ward in the Castle of Sligo, were betrayed and murdered by Vlick Burk, and the Castle was taken. Sir John Norris had the Title of Lord General, Camd. Eliz. 509. and a Commission to have the sole Command of the Army in Ulster in the absence of the Deputy: The clashings and janglings that were between these two high spirited Men did very much prejudice to the Queen's Affairs; however on the 18th of June they began their March together, and lay that Night at Melli●ont, and the next at Dundalk; on the 23d Tyrone, O Donell, O Rourk, Macguire, and Mac Mahon, were proclaimed Traitors, both in English and Irish. This perjured Rebel Tyrone, after so many reiterated Oaths and Protestations, had besieged and taken the Fort of Blackwater, and invaded the Brenny, and laid Siege to Monaghan in April last, and publicly appeared in Rebellion, and yet at the same time he wrote Letters to the Earl of Ormond, and Sir Henry Wallop, to intercede for his Pardon, promising future Allegiance; he also wrote Letters to General Norris to the same purpose, which indeed were intercepted and suppressed by Marshal Bagnall, till after the Proclamation; but what seems most strange, Camd. Eliz. 508. is, that whilst this was doing, like a shameless Ambo-dexter, he offered his service to the Earl of Kildare, to revenge the Injuries that Earl had suffered from the State; and in September following Tyrone and O Donell wrote Letters to the King of Spain, offering, or rather promising the Kingdom of Ireland to that Majesty, if he would supply them with 3000 Men, and a little Treasure. These and many other of his Tricks being discovered, the Queen resolved never to pardon Tyrone, and of that opinion she continued to her dying day▪ though at last she was prevailed upon by her Council to act contrary to her own sentiments in that particular; but she was willing to pardon O Donell, or any, or all of the Confederates that would separate from O Neal, and she gave Orders accordingly. The Rebels were 1000 Horse and 6280 Foot in Ulster▪ and 2300 in Connaugh, many of them well disciplined; for Sir John Perot, to save Charges, armed the Irish in Ulster against the Islander Scots, and to taught them the use of Arms, to the ruin of Ireland; and Sir William Eitz Williams took several Irish into the Army, and improvidently sent others of them into the Low-Countries, where they became excellent Soldiers, and returned to be stout Rebels. But 'tis time to return to the Deputy, who left Dundalk the 24th. O Mc lloy carrying the Standard that day, as O Hanlon did the next; the 28th they came near Armagh, and saw a Troup of the Enemy's Horse at a distance; the 29th they marched a mile beyond Armagh, and took a resolution to fortify it: On the 30th the Rebels gave two Volleys of Shot into the Camp, and yet did no harm; on the 3d of July, the Deputy (leaving a Garrison in Armagh) marched nine Miles towards the Newry; but being supplied with Victuals, he returned to Armagh on the 5th, and marched to Monaghan on the 7th, and afterwards to the Pace of the Moyry, and so to Dundalk and Dublin, where the Lord Deputy arrived the 18th; and in all these Marches, though the Enemy appeared in view, yet being light of Heel, and cowardly of Heart, there happened not any Encounter or Skirmish worth mentioning. On the 11th of August General Norris (who was also Lord Precedent of Munster) marched the Army northward, but it seems he could not hinder but that all the Cows of the Newry were taken by the Rebels; he had a skirmish with Tyrone, wherein both the Norrises were wounded; and though Tyrone was forced to retreat, yet the success of this encounter is not much to be boasted of; for if the Rebels lost most Men, the English lost most Horses. But Connaught being also inflamed, some Forces were sent thither to the valiant Governor Sir Richard Bingham, and that the Deputy might be nearer to assist, either in Connaught or Ulster, as the Exigency of their respective Affairs should require, he removed to Kelles, where he stayed some time; but Norris having relieved and recruited Monaghan, the Army was dispersed into Winter Quarters, and both the Deputy and the General returned to Dublin the 11th of October. How averse soever the Queen was in her own mind from pardoning Tyrone, because she was taught by long experience of him, that he was not to be retained in obedience any longer than the necessity of his Affairs obliged him to it; yet upon the importunity and advice of Ormond, Norris, and others, she did give a Commission to treat with him, and several ineffectual Parleys were had thereupon; but at length, Camb. Eliz. 510. on the 27th of October, they made a Truce to the first of January in expectation of his Pardon, and he made a conditional Submission. In the mean time Pheagh Mac Hugh came in, and submitted to the Deputy upon his Knees, and was pardoned, and the next day Captain Richard Wingfield was Knighted in Christ-Church, 9 November, 1595. and was the worthy Ancestor of the Viscounts of Powerscourt. On the 10th of November the Deputy set out toward Galway to receive the Submission of the Burks, and hear the Complaints against Sir Richard Bingham; but O Donell, full of expectations of aid from Spain, dissuaded the Burks from coming; but they sent their Complaints in writing, as did many others; and the Deputy returned to Dublin the 15th of December. But let us return to the most hypocritical Traitor that ever was in the World, the famous Tyrone, who in his last submission had offered to renounce the name of O Neale, and to be a good Subject for the future, if he might have a Pardon for what was passed; but being now puffed up with hopes of Spanish assistance, he did not only neglect sueing out his Pardon, but also suffered his Son Con, and O Donell, and Mac Mahon to break the Truce he and they had so lately made, by surprising the Castle of Monaghan; however on the eighth of January, a new Commission issued to Sir Robert Gardiner, and Sir Henry Wallop to conclude a peace with them. This Treaty was very solemn, and all the Irish Potentates made their Complaints and Petitions, Camb. Eliz. 511. which are recited at large by Fienes Morison, pag. 113. The Commissioners were very desirous to establish a Peace if possible, and therefore offered to relieve them in their real Grievances, and to redress their just Complaints; but the Irish interpreting this condescension to be the effect of Weakness, and the ill condition of the English Affairs, insisted upon very unreasonable Terms: viz. 1. A general Liberty of Conscience; (although none of them had ever been prosecuted or disturbed about Religion before that time.) 2. A general Pardon for all. 3. That no Garrison, Lib. M. Lam. Sheriff, or Officer, should remain in any of their Countries, Newry and Carigfergus excepted. Nay they were so stiff, that they refused to come to Dundalk on the Oaths and Protection of the Commissioners, so that five of a side were necessitated to meet in the open Field, their respective Troops being half a mile distant, and two of the adverse Party between the Commissioners and the several Troops to prevent Treachery; so that all this trouble and charge produced nothing but a Truce to the first of April, 1596. But Tyrone would not drop his design so; his aim was to spin out the time in fruitless Treaties, whereby the Queen's Army and Treasure would be wasted in Garrison to no purpose, and his own Forces be better disciplined, and encouraged, and (as he hoped) supplied, and increased by the Accession of the Spaniards; he therefore wheedled the General to that degree, that Norris procured a new Commission to himself, and Fenton, Secretary of State, to make a final end with all the Rebels, which bears date the Ninth day of March, 1595. In the mean time Surlyboy came to Dublin, and submitted to the Deputy on the 11th of February, and on the 22d the Lord Deputy and Council gave him a Velvet Mantle laid with Gold lace; and the controversy between the Earl of Ormond, and Sir Charles Car●ll, was then debated at the Council Board. Connaugh was now in an ill condition, and the Abbey of boil besieged by the Irish and Scots, who were so numerous that 400 of them passed the Shenin, and preyed and spoiled Mac Coghlan's Country, so that the Deputy was obliged on the sixth of March to draw part of the Army that way; on the tenth his Lordship sent 100 Shot and some Kern, to attack a party of Scots that were burning the Country in view of the Army, and they had the good luck to kill sevenscore of the Rebels; and the next day the Deputy summoned O Madden's Castle of Losmage, and received for answer, That if all the Army were Deputies, they would not surrender; however the next day he took the Castle, with the slaughter of six and forty Rebels, and returned to Dublin the 24th. On the 18th of April, 1596. The Lord Deputy and Council, made very good and necessary Orders for the Army, viz. 1. That on their march they shall not stay above one night in a place, and then without exaction, give money or ticket for their diet. 2. That there shall be but six Women (and they Soldiers Wives) permitted to be Laundresses to a Company, and but one Boy to two Soldiers, and that neither Women, or Boys be any charge to the Country. 3. No false Musters, or any charge on the Country for more men than really are. 4. That they shall be content with such Food as is reasonable, and with a Breakfast and Supper, without exacting Capury encreason, or Capury ne hairk. And, 6. They shall not take up the Country Garons without order or payment, nor departed from their Garrison without leave. And lastly, Shall have their Quarters assigned by the Civil Magistrate; but General Norris was not pleased with the strictness of these orders, and therefore refused to sign them. On the 19th of April Norris and Fenton began their Journey towards Tyrone, and at Dundalk concluded a Peace with him on the 24th on these Conditions: Morison 37. That he should desist from aiding the Rebels, or intermeddling with the nighbouring Lords, and make his Country, a Shire and admit of a Sheriff, and upon his Pardon confess his foreign Intelligences, and rebuild the Fort and Bridg of Blackwater, and relieve the Garrison for ready Money at all times, and dismiss his Forces, and give in sufficient Pledges, and pay such reasonable Fine as Her Majesty shall think fit; and so he signed a Submission, and swore Obedience. His Pardon was signed the 12th of May, and sent to Sir Edward Moor, to be delivered, I suppose, on the receipt of Hostages; and on the 31st Tyrone sent the State a kind Letter he had received from the King of Spain, but made the Messenger swear that no Copy of it should be taken. The Queen was wonderfully pleased with the Pacification of Ulster, 25 May 1596. and by her Letters to the Council, commended Norris for that great service she upbraids Her Officers in Ireland, with the monstrous Accusations brought against them by the Irish, and declares she will subdue the stubborn by the Sword, but will govern the oppressed by justice; therefore she commands them to Unanimity in her Service, and to commission Norris and Fenton to settle Connaugh, and to examine the many Complaints that are made against Sir Richard Bingham; Sir Edward Moor, who carried Tyrone's Pardon, could not find that Earl, who purposely went out of the way to avoid it; for three Pinnaces, with about 200 men, and some Powder arrived from Spain in May, consigned to O Donell, with promise of farther supply, as is most probable; whereupon the Ulster Lords were so far from observing the late Peace, that Tyrone took upon him to make an O Reily, and entertained a correspondence with Pheagh Mac Hugh, and other of the Rebels of Leinster, Lib. M. Lambeth. and on the 6th of July Tyrone, O Rourk, Mac William, etc. sent the Clan-shyhyes to stir up Rebellion in Munster, and signed a general Letter, or Credential, to that effect; he delayed taking his Pardon till the 22th of July, and even then refused to renounce foreign Aid upon Oath; however he put in his Pledges, and protested Loyalty and Obedience, only to delay the War a little longer, for which he was not yet so fully prepared as he desired, for he had not an answer from Pheagh Mac Hugh, till the latter end of August, and then he received one to his content. For in the beginning of August Pheagh Mac Hugh (although he was under protection) entered into open Rebellion, Lib. B. 2. Lambeth. and by surprise took and razed the Fort of Ballyne Cor; and great suspicion was had of the O Moor, and some of the Butlers; there was noise also of some Spaniards at Sea, so that the Lord Deputy complaining that he was not countenanced, nor credited in England, as he ought to be, petitioned to the Lords of the Council there, to be a means to remove him from the Government. However these Misfortunes were somewhat alleviated by the quiet and peaceable condition of Connaugh, which the General Norris and Sir Geoffry Fenton had reduced to terms of Submission. The Deputy marched out of Dublin the 18th of September, to prosecute Pheagh Mac Hugh, and for some time encamped at Rathdrome; he took many Preys, and slew some Rebels, and on the 16th of November caused two of the Pledges which Pheagh Mac Hugh had put in for his good behaviour to be executed in the Camp: In like manner the Earl of Ormond effectually prosecuted the Butlers, as Sir Anthony Samtbeger did the O Moor, and O Connors. In the mean time Tyrone is not idle; but notwithstanding his Submission and his Pledges, Camd. Eliz. 515. he attempted to surprise Armagh, and killed 35 men of that Garrison; he opposed the Convoy that carried the Victuals thither, and murdered eight of the Garrison that went out for Wood; his Son in Law, Henry Oge, made Incursions into the Pale, as far as the River Boyne; he also endeavoured to surprise Carlingford Castle, and contrary to his Covenant, refused to suffer any relief to be brought to the Fort of Blackwater. Whereupon the Lord Deputy and Council wrote him a smart Letter on the 30th of November, which he answered the 4th of December, and alleged that he had just provocation to do what he did, because his Ally and Confederate Pheagh Mac Hugh was prosecuted by the State. This was but a lame excuse, for that Rebel was not at all comprehended in Tyrone's Articles; however General Norris so far espoused O Neal's Quarrel, that he wrote to the Council Board, that one good Letter would have prevented the danger Armagh is in, whereby he covertly reprehended the Deputy's severity: But the Board sent him a smart answer, and since he understood Tyrone's Humour best, they left it to him to relieve Armagh, by Force or Treaty, as he thought fit. On the 30th of December, Captain Lea had a Rencounter with Pheagh Mac Hugh, and had the good fortune to kill thirty of the Rebels, and sent most of their heads to Dublin. On the second of January, Sir Richard Bingham, being a severe Governor, and perhaps therefore obnoxious to the Irish, who were frequent Transgressors, was upon their repeated complaints removed from the Government of Connaugh, and Sir Conyers Clifford substituted in his room. On the 15th of January General Norris, accompanied by Bourchier and Fenton, marched from Dublin to re-victual Armagh, and on the 22d met with Tyrone, who complemented the General at a great rate, applauded his Moderation, and thanked him for his Friendship, offered to suffer Armagh to be revictualled (as it was) without opposition, and made all the Protestations of Loyalty, and offers of Submission that could be devised, and desired that the General would procure a new Commission to conclude an everlasting Peace with him, which accordingly was granted to Norris, Bourchier, and Secretary Fenton, whereof they gave notice to Tyrone, and appointed him to meet on the second of April; but he by his Letter of the 15th of March alleged many frivolous Excuses; and though they by their dispatch of the 22d assured him of all reasonable satisfaction, 1579. yet he still persisted in his Excuses; wherefore they wrote to him again the tenth of April, and he by his answer of the 15th made many trivial Complaints, and particularly he questioned the General's Power to make good what he should promise, for that possibly the new Deputy should not approve of what they should agree to, and therefore he desired a farther day; whereupon the General finding (too late) that he was baffled and abused by that cunning Traitor, he exclaimed against his Perfidiousness, and broke off the Treaty. In the mean time O Donell had invaded Connaugh in January, and drew most of the late pardoned Rebels into a new Revolt, so that Clifford was obliged to hasten to that Government: Some of the Rebels of the Brenny attempted the Town of Kells, but by the Valour and Vigilance of Captain Street, they were disappointed, and lost 35 of their Company. The Deputy made a Journey to Caterlogh, and thence to Kilcor, and stayed thereabouts pursuing Pheagh Mac Hugh, and his Abetters, from the 18th of February, to the 15th of March, Lib. B. 2. Lambeth. on the 12th of which month 140 Barrels of Powder took fire at the Crane in Dublin, and did much harm. On the seventh of May the Deputy made another journey into Pheagh Mac Hugh's Country, 1597▪ and on the eighth had the good fortune to kill that Arch Rebel, Ibid. and to take a Prey of 200 Cows, which were divided amongst the Soldiers. But the Queen believing that her Affairs were prejudiced by the disagreement between the Deputy and the General, did, at his own Request, revoke the Lord Deputy, and to supply his Place sent over Thomas Lord Burrough, Lord Deputy, who landed on the 15th of May, and received the Sword in St. Patrick's Church, on Sunday the 22d. Camb. Eliz. 543. he had supreme Authority in Martial as well as Civil Causes, and immediately ordered General Norris to his Presidency of Munster; which Affront, (together with the Disappointment of the chief Government, which he knew he merited, and earnestly expected,) and the many baffles Tyrone had put upon him, broke his Heart. The Lord Deputy (amongst other Instructions) had charge to inquire what English Undertakers had, ☜ contrary to their Covenants, suffered Irishmen to inhabit their Lands, and to inquire into the Earl of Glancar's Estate, which for want of Heirs Males was devolved to the Crown. After a Month's Truce with Tyrone the Deputy marched to Ulster, where the Crown retained only Newry Knockfergus, Greencastle, Armagh, Dundrum, and Olderfleet; Connaugh was likewise in Rebellion, and so were some of the Butlers in Munster. The Deputy met some opposition at a Pass near Armagh, but he gallantly forced his way, and thereby was convinced that the Irish would run, if resolutely assaulted: he soon took the Fort of Blackwater, and garrisoned it with English; but whilst they were giving thanks to God for this Victory, they were called from Prayers to Arms, upon the appearance of the Irish Forces, with whom they skirmished successfully; yet so as that the Deputy's Brother-in-Law, (Vaughan) and several others, were slain, and particularly two Foster-brothers of Henry Earl of Kildare, for grief whereof the Earl soon after died. Clifford, Governor of Connaugh was ordered to advance with the Forces of his Province to the borders of Ulster; wherefore with 700 old Soldiers he attempted it bravely, but being opposed by a numerous Enemy, he nevertheless made a gallant retreat above 30 Miles, and in the face of 2000 Rebels, without any considerable loss. Upon the Lord Deputy's return towards the Pale, the Earl of Tyrone immediately besieged the Fort of Blackwater, and the Deputy as nimbly marched to its relief; and having raised the Siege, he designed to march to Dungannon, and so to clear the way thither, that on any occasion the Army might march that way; but he fell 〈◊〉, and was forced to return, and died in the way to Dublin; and, Sir Thomas Norris Precedent of Munster, was provisionally made Lord Justice on the 30th of August; but he being melancholy at the death of his Brother, soon grew weary of the Office, and▪ at his Request, the Government was committed to. Adam Loftus, Lord Chancellor, and Archbishop of Dublin, and Sir Robert Gardiner, Lord Chief Justice, Lords Justices, who were sworn on the 15th of November, and the same day the Council gave in writing an account of the State of the Kingdom, and concluded, that it was an universal Irish Rebellion intended, to shake off all English Government: The Earl of Ormond was made Lieutenant General of the Army, and he was to have 100 Marks per mensem, and 30 Horse and 30 Foot, and the Lords Justices were to have 33 l. 6 s. 8 d. per mensem, and 20 Horse and 20 Foot equally divided between them. The Earl of Ormond (upon application made to him by Tyrone) procured a Commission to himself, the Bishop of Meath, and Secretary Fenton, to treat with that Rebel; and on the 22d day of December they met at Dundalk, and agreed to a Cessation for eight weeks, on Tyrone's engagement to furnish the Fort of Blackwater with 50 Bieves, and to give the Garrison liberty of Forage, and other Articles, recited at large, Morison 22. On the 18th of February O Rourk submitted to the Lieutenant General, and subscribed the Agreement likewise mentioned at large, Morison 22. and on the 15th of March, Ormond proposed to Tyrone 13 Conditions of Pardon, (mentioned Morison 23.) to most of which he agreed; but because O Donell, and some others, did not appear, that matter was adjourned to the 10th of April; in the mean time the Pardon was drawn, and bears date the 11th of April, but I do not believe that Tyrone ever came for it, both because he was Anno 1600. outlawed on the former Indictment, and because he immediately relapsed into his former Disloyalties, and not only sent aid to Phelim mac Feagh, but also laid close Siege to the Fort of Blackwater, but the defence made by Captain Thomas Williams was so considerable, that Tyrone despaired of effecting his design by Force, and therefore resolved to starve them; and indeed they were reduced to great necessity, when in August Marshal Bagnall, with 14 Ensigns of Foot, and a choice Party of Horse was sent to relieve them. The Rebels, Camd. Eliz. 565. being a vast number, fell upon the English in a Wood, half a Mile beyond Armagh, and the Earl of Tyrone, having a particular spite against the Marshal B●gnall, he bent all his Force that way, and had the good fortune to kill the Marshal, and to rout the English Army▪ with the slaughter of 13 Captains and 1500 Soldiers; whereupon the shattered remnant of the English retired to Armagh; and sent to Captain Williams to surrender the Fort of Blackwater, that he might reinforce and preserve the rest of the Army. By this Victory the Irish got Arms, Ammunition, and Victuals, and which was more, so much Reputation, that the English could act only on the defensive part, and not that itself without continual fear and danger. But the Queen was nettled at this Defeat, and by the 12th of September 1598. blamed Ormond that he was not there, and ordered him to reduce the old List to 8000, and to clear the Army from Irish; and she also sent over Sir Richard Bingham to succeed Bagnall in the Office of Marshal; but as soon as he landed he died at Dublin; and Sir Samuel Bagnall was sent with 2000 Foot and 100 Horse, which though at first designed to plant a Garrison at Loghfoyle, were on the aforesaid all news ordered to land at Carlingford. In the mean time Tyrone sends Owny mac Rory Oge and Tirrel into Munster with 4000 Kerns; 598. the Precedent, Sir Thomas Norris opposed them, but was forced by necessary occasions, or rather, by reason of the weakness of his Forces, to return to Cork; whereupon the Munsterians generally rebel in October, and kill, murder, ravish, and spoil without Mercy; and Tyrone made James Fitz Thomas Earl of Desmond, on condition to be tributary to him: He was the handsomest Man of his time, and is commonly called the Sugan Earl. And the Queen thought this Rebellion so formidable, that on the third of December 1598. she sent Letters to the Lord Precedent, if possible, to retain Mac Donough, the white Knight, and Condon, in their Duty, by all reasonable favour and persuasion, which undoubtedly he endeavoured to do, but all in vain. But that all the World may know what Trust is to be given to the wheedlings and Submissions of Irish Rebels, it must be remembered that amidst all these Treasons, and whilst Tyrone magnified his Victories to the Spaniard, and promised he would accept no Conditions from the English, yet at the same time he wrote submissive Letters to the Earl of Ormond, praying that he might be pardoned, and offering to come in (but indeed upon unreasonable conditions,) nor is Camden's Observation to be omitted, Camd. Eliz. 566. That by long use it was grown a mischievous custom in Ireland, that Rebels and Malefactors might with the Money they had gotten by Pillage and Plunder, procure for themselves Protections, and escape without Punishment. The Queen was solicitous to find a Governor fit for this disordered Kingdom, and no body seemed more proper for it then the Lord Montjoy, but he durst not stand in competition with the great Favourite of his time, the Earl of Essex, who covering this great Authority and Station, at once gratified his own Ambition, and his Enemies malicious designs, for they desired nothing more than his Absence from Court, and so, Robert Earl of Essex, Lord Lieutenant, landed on the 15th day of April, and was the same day sworn at Dublin; his Commission was larger than his Predecessors, both in power of pardoning all Treasons, and granting many of the great Offices, as also in the Power of displacing all Officers that had no Patents, and suspending those that had; in making and executing Marshal Laws, and in disposing the Lands of the Rebels, in Fee at a small yearly Crown Rend to be reserved; in Commanding all Ships in the absence of the Lord Admiral of England, and in issuing the Treasure at Pleasure, keeping within the Sum of the Establishment: The particulars of the Establishment are to be found, Morison 29) the whole of the years charge amounted to 299111— 03 07 ½ besides some contingencies, Camd. Eliz. 569. which perhaps exceeded 50000 l. more for Ammunition, etc. his Army was as great, and as well furnished as his heart could desire for that service, being at first 1300 Horse, and 16000 Foot, which were afterwards increased to 20000 men complete; and Sir George Cary was made Treasurer at Wars in the room of Wallop: His instructions were (according to his own former advice) to Prosecute the Ulster Rebels, and to plant Loghfoyle and Ballyshanon Garrisons, all which when he came to Ireland he neglected. The Earl of Kildare and some gallant Gentlemen went for expedition's sake in a small Vessel, but they made more haste than good speed, and were all cast away. The Council gave the Lord Lieutenant an account of the confused Estate of the Kingdom that there were of the Rebels in Arms In Leinster, 3048 Foot, 0182 Horse, In Ulster, 7220 Foot, 1702 Horse, In Munster, 5030 Foot, 0242 Horse, In Connaugh, 3070 Foot, 0220 Horse, 18368 Foot, 2346 Horse, Many of the Rebels had sworn at a public Cross to be steadfast and true to their Religion, (meaning their Rebellion for the defence of it) and even those Irish that were not out in action, were so backward to help the Queen, that they who could bring 100 Horse, and 300 Foot to dispute their private quarrels, would not bring six men to assist the State. But Essex neglecting the chief Rebels (which were in Ulster) unfortunately marched into Munster, where he took Cahir Castle on the 30th of May, and forced the Lord of Cahir, Lord Roch, etc. to submit; he also relieved Askeaton, and had two or three Skirmishes with the Sugan Earl of Desmond, and did some petty feats, altogether unworthy of his Reputation, or Army; and so marched by Killmallock, Mallow, Fermoy, Lismore, Dungarvan, Waterford, Wexford, and Arclow, (near which he had a small successful Rencounter with the Rebels) to Dublin, where he came in the latter end of July, his Army being very much diminished in number, without any fight worth mentioning: In the mean time, on the 15th of June he received advice, that both the Spaniards and Scots had supplied Tyrone with Ammunition, and that the Rebels were treating with the Scots for Aid, and that therefore he had best prevent it by engaging them by better Subsidies; according to a Project formerly laid by the Lord Burrough. O sulivan reports that Essex's Army was 7000 Foot, and 900 Horse, and that Owen Omoor, with 500 men fell upon his Rear at Barnaglitty; i.e. the Cap of Feathers, and did good Execution, and took many Plumes of Feathers, which occasioned that name to be given to the place of Battle; that the Earl of Desmond and Redmond Bourk came to the relief of Cahir, whereby that Siege held ten days; that Essex marched to Lymerick, and thence to Askeaton; that Desmond and Daniel Mac Carthy Moor laid an Ambush for him, the ill management whereof raised a Feud between Thomas Plunket, and Peirce Lacie, wherein the former was slain; that a Bloody fight was near Crome, where Henry Norris was slain, and that for six days Desmond pursued Essex his Rear, but there is little credit to be given to that Author, and yet some things that he says must be allowed to be true. On the 15th of June Essex wrote a most Excellent Letter to the Queen, which contains many good Instructions, how to manage an Irish War; and though some of his Notions are obsolete now, yet because others are very useful I will recite the Letter at large. WHEN this shall come to your Majesty's Hands, I know not, but whensoever it hath that Honour, give it leave (I humbly beseech your Majesty) to tell you, that now having passed through the Provinces of Leinster and Munster, and been upon the Frontier of Connaught, (where the Governor, and the chief of the Province were with me,) I dare begin to give your Majesty some Advertisement of the State of this Kingdom, not as before by hear-say, but as I beheld it with mine own Eyes. The People in general have able Bodies by Nature, and have gotten by Custom ready use of Arms, and by their late Successes boldness to sight your Majesty's Troops: In their Pride they value no man but themselves; in their Affection they love nothing but idleness, and licentiousness; in their Rebellion they have no other end but to shake off the Yoke of Obedience to your Majesty, and to rout out all remembrance of the English Nation in this Kingdom. I say this of the People in general; for I find not only a great part thus affected, but that it is a general quarrel of the Irish, and they who do not profess it, are either so few, or so false, that there is no account to be made of them: The Irish Nobility, and Lords of Countries, do not only in their hearts affect this plausible Quarrel, and are divided from us in Religion, but have an especial Quarrel against the English Government, because it limiteth, and toeth them who have ever been, and ever would be as absolute Tyrants as any are under the Sun; the Towns (being inhabited by men of the same Religion and Birth as the rest) are so carried away with the Love of gain, that for it they will furnish the Rebels with all things that may arm them, or enable them against the State, or against themselves. The Wealth of the Kingdom (which consisteth in cattle, Oatmeal, and other victuals) is almost all in the Rebels hands, who in every Province till my coming, have been masters of the Field: The expectation of these Rebels is very present, and very confident; that Spain will either so invade your Majesty, that you shall have no leisure to prosecute them here, or so secure them, that they will get most of the Towns into their hands, e'er your Majesty shall relieve and reinforce your Army; so that now if your Majesty resolve to subdue these Rebels by force, they are so many, and so framed to be Soldiers, that the War will certainly be great, costly, and long. If your Majesty will seek to break them by factions amongst themselves, they are covetous and mercenary, and must be purchased, and their Jesuits and practising Priests must be hunted out, and taken from them, which now do sodder so fast and so close together: If your Majesty will have a strong party in the Irish Nobility, and make use of them, you must hid from them all purpose of Establishing English Government, till the strength of the Irish be so broken, that they shall see no safety but in your Majesty's Protection: If your Majesty will be assured of the Possession of your Towns, and keep them from supplying the wants of the Rebels you must have Garrisons brought into them able to command, and make it a capital Offence for any Merchant in Ireland to trade with the Rebels, or buy or sell any Arms, or Munition whatsoever; for your good Subjects may have for their money out of your Majesty's Store that which shall be appointed by order, and may serve for their necessary defence; whereas if once they be tradable, the Rebels will give such extreme and excessive Prices, that they will never be kept from them: If your Majesty will secure this your Realm from the danger of Invasion, as soon as those which direct and manage your Majesty's Intelligences give notice of the preparations, and readiness of the Enemy, you must be as well armed, and provided for your Defence: Which Provision consists in having Forces upon the Coast, enroled and trained, in having Megazines of Victuals in your Majesty's West and Northwest Parts, ready to be transported, and in having Ships both of War and Transportation, which may carry and waft them both upon the first Alarm of a Descent; the enrolling and training of your Subjects is no charge to your Majesties own Coffers: The providing of Megazines will never be any loss, for in using them you may save a Kingdom; and if you use them not, you may have your old Store sold, and (if it be well handled) to your Majesty's Profit. The arming your Majesty's Ships, when you hear your Enemy arms to Sea, is agreeable to your own Provident and Princely Courses, and to the Policies of all Princes and States of the World. But to return to Ireland again: As I have showed your Majesty the danger and disadvantages which your Servants and Ministers here shall and do meet withal in this great Work of reducing this Kingdom, so I will now (as well as I can) represent to your Majesty your Strengths and Advantages. First, These Rebels are neither able to force any walled Town, Castle, or House of strength, nor to keep any that they get, so that while your Majesty keeps your Army and Vigour, you are undoubtedly Mestriss if all Towns and Holds whatsoever; by which means (if your Majesty have good Ministers) all the Wealth of the Land shall be drawn into the hands of your Subjects; your Soldiers in the Winter shall be with ease lodged, and readily supplied of any wants; and We that command your Majesty's Forces, may make the War offensive and defensive; may fight and be in safety, as occasion is offered. Secondly, your Majesty's Horsemen are so incomparably better than the Rebels, and their Foot are so unwilling to fight in Battle, or gross, (howsoever they be desirous to skirmish and lose fight,) that your Majesty may be always Mistress of the Champion Countries, which are the best parts of this Kingdom. Thirdly, Your Majesty victualling your Army out of England, and with your Garrisons burning and spoiling the Country in all places, shall starve the Rebels in one Year, because no place else can supply them. Fourthly, Since no War can be made without Munition, and Munition this Rebel cannot have but from Spain, Scotland, or your Towns here, if your Majesty will still continue your Ships and Pinnaces upon the Coast, and be pleased to send a printed Proclamation, That upon pain of Death, no Merchant, Townsman, or other Subject, do traffic with the Rebel, or buy or sell, in any sort, any kind of Munition or Arms, I doubt not but in short time I shall make them bankrupt of their own Store, and I hope our Seamen will keep them from any new. Fifthly, Your Majesty hath a rich store of gallant Colonels, Captains, and Gentlemen of Quality, whose Example and Execution is of more Use than all the rest of your Troops; whereas the best Men of Quality among the Rebels, who are their Leaders, and their Horsemen, dare never put themselves to any hazard, but send their Kern, and their Hirelings to fight with your Majesty's Troops; so that although their common Soldiers are too hard for our new Men, yet are they not able to stand before such gallant Men as will charge them. Sixthly, Your Majesty's Commanders being advised and exercised, know all Advantages, and by the Strength of their Order will, in great Fights, beat the Rebels; for they neither march, nor lodge, nor fight in order; but only by the benefit of Footmanship, can come on, and go off at their pleasure, which makes them attend a whole Day, still skirmishing, and never engaging themselves; so that it hath been ever the Fault and Weakness of your Majesty's Leaders, whensoever you have received any Blow; for the Rebels do but watch and attend upon all gross Oversights. Now if it please your Majesty to compare your Advantages and Disadvantages together, you shall find, that though these Rebels are more in number than your Majesty's Army, and have (though I do unwillingly confess it) better Bodies, and perfecter use of their Arms than those Men which your Majesty sends over; yet your Majesty commanding the walled Towns, Holds, and Champion Countries, and having a brave Nobility, and Gentry, a better Discipline, and stronger Order than they, and such means to keep from them the maintenance of their Life, and to waste the Country which should nourish them, your Majesty may promise yourself, that this Action will in the end be successful, though costly, and that your Victory will be certain, though many of us your honest Servants must sacrifice ourselves in the Quarrel, and that this Kingdom will be reduced, though it will ask (besides Cost) a great deal of Care, Industry, and Time. In June Sir Henry Harrington and some of his young Captains, with 600 Men left in the Glinnes, received a Baffle from the O Brian's by their own fault, which Essex punished by Decimation, and the Execution of an Irish Lieutenant (Pierce Walsh) on whom the blame of that Disaster was chief laid. But the Lord Lieutenant understanding the Queen was angry at his fruitless Munster-Expedition, attributed the fault to the Council, and assured Her Majesty (by Letter) of his speedy March to Ulster, and yet instead of that, he went with 2500 men into Leix and Ophaly, and totally ruined the O Moor, and O Connors, and on his return found his Army so impaired, that he and the Council joined in a Letter for a supply of 1000 Men. And being now resolved for Ulster, he ordered Clifford, Governor of Connaugh, to march to Belick, to distress Tyrone on that side; accordingly he marched with 100 Horse and 1400 Foot; but being encountered by O Rourk, and 200 Rebels at a Pass, our Men being tired, and wanting Powder, were routed, 140 slain, together with Clifford, and Sir Alexander Ratcliff, and as many wounded; nay, they had all been lost, were it not for the valour of the Horse, who secured their Retreat; and so the next day they marched back to Athloan. Essex received the supply of 1000 Foot he had sent for into England, and yet made no other attempts against Tyrone, than that with 250 Foot, and 300 Horse; he came to the borders of Ulster about the latter end of August, and on the 8th of September held a Parley with Tyrone at the Ford of Balla-clinch, Camd. Eliz. 570. and concluded on a Truce for six weeks; and so from six weeks to six weeks, till May, provided either Party might break it on fourteen days notice before hand; and on the 22d of September he gave a Commission to the Council of Munster, or any three of them, to govern that Province, Quorum, Sir Warham Saint Leger, or Sir Henry Power, to be one. Soon after his return to Dublin, Camb. Eliz. 572. Essex and the Council received a sharp Letter from the Queen, dated the 14th of September, taxing his and their ill Conduct and Disobedience to her positive Commands; whereat he was so nettled▪ that he immediately went for England, where he unexpectedly came to Court on the 28th of September; and being reprimanded for that Vagary, Lib. C. his Apology was in effect, That no harm had followed his rash Deserting Ireland, that he left things in the best order, and in the hands of the best Men he could, and left so good Instructions, that they have not been much altered since, and that he came over in a time of Truce. Adam Loftus, Lord Chancellor, Sir George Cary, Treasurer at Wars, Lords Justices, were sworn the 24th of September; whereupon Tyrone grew haugthy, and publicly professed, that he would recover the Liberty of Religion and his Country: To him came Friar Matthew de Oviedo, titular Archbishop of Dublin, and Don Martin de la Cerda; they brought Papal Indulgencies for all that would take Arms against the English, and a Phoenix Plume to O Neal, and 22000 pieces of Gold from the King of Spain, to distribute as they saw cause. Hereupon O Neal, in the beginning of December gave notice, that after fourteen days he would break the Truce; and soon after, viz. the 20th of January, under pretence of a Pilgrimage to the Holy Cross in Typperary, he made a Journey into Munster, to confer with the Sugan Earl of Desmond, and to debauch those people from their Duty; he had with him 2500 Foot, and 200 Horse; de deposed Daniel Mac Carty Moor, and placed Florence Mac Carty in his stead; he burned and spoiled all that would not join with him, especially the Lord Barry; and he took Pledges of all those whose zeal he doubted, and particularly of the White Knight, and the Earl of Des●ond, and by his Journey wonderfully increased the number of the Rebels; so that there were very few Irish that had not intelligence with him, or shown manifest inclination to him; they were also very much encouraged by the death of Sir Thomas Norris, Lord Precedent of Munster, who died at Mallow, of a wound he had received in a Conflict with the Burks, as also by the death of Sir Warham Saint Leger, one of the Commissioners of Munster on the death of Norris, who taking the air within a Mile of Cork, was assaulted by Macguire, and both of them slain; so that it was now high time to provide a Govenour for the Kingdom, and a particular Precedent for that Province; and the Queen shown abundance of judgement in her choice of both. Sir George Carew, afterwards Earl of Totness, was appointed Lord Precedent of Munster, and, Charles Lord Montjoy Lord Deputy; they landed at the Hill of Hoath the 24th of February 1599 The Lord Precedent stayed at Dublin some time, to get his Commission and Instructions, and to learn the State of the Kingdom; and on the seaventh of April 1600. with 700 Foot, and 100 Horse, (being accompanied with his Excellency to Chapel Izzod,) he went to his Province, Lib. C. and on the seventh of March 1599 the Lord Deputy and Council issued a Proclamation to give notice, that the Queen had appointed Commissioners to sit three months, to inquire what Money was due to the Subject by Bill, Ticket, or otherwise, since the first day of Sir William Russel's Government, for Bieves, Diet of Soldiers, Money delivered, or other Services, in order to their Satisfaction. On the 10th of April the Precedent being at Kilkenny, 1600. was desired by the Earl of Ormond to go with him eight Miles to parley with Owen Mac Rory O Moor, which he did; and the Issue was, Pacata Hibernia, 24. that by the Treachery of the Rebels Ormond was taken Prisoner, and the Precedent and the Earl of Twomond hardly escaped by the swiftness of their Horses; whereupon Pierce Lacie (who was lately come into Protection) relapsed again. On the the 16th of April the Lord Precedent came to Waterford, where some Fitzgiralds of the Decyes, and some of Powers submitted to him, and were pardoned. The Lord Lieutenant on the 10th of March went to Mulingar to intercept Tyrone in his return from Munster; but he having notice of that design, left 1000 Men with Desmond, and 800 with the Butlers, and with a small Company, and by exceeding long Marches, escaped into Ulster; but he lost his Reputation, and many of his Men in this hasty flight. The Establishment for this year from Feb. 1599 to February 1600. came to 222961 l. 4s. 8ds. ½. and on the 24th of March 1599 the Army consisted of 1200 Horse and 14000 Foot. But the Strength of the Rebels lying in their Fastnesses, the Lord Lieutenant resolved to make War upon them with Garrisons, and small flying Army; and accordingly he placed in Dundalk 100 Horse and 650 Foot, in Ardee 50 Horse and 700 Foot, in Kells 50 Horse and 400 Foot, in Newry 50 Horse and 1000 Foot, in Carlingford 100 Foot; and 100 Horse and 1000 Foot were appointed for Leinster, to invade Leix and Offaly, and victual Philipstown▪ which Sir Oliver Lambert with much Gallantry performed, about the 15th of April, though he met with brisk Attacks from Owen mac Rory. In the mean time the Rebels being disheartened with this manner of proceeding, and Tyrone's flight from Munster, grew every day in worse condition, and suffered many Losses, the Garrison of the Naas took a Prey, and killed many Rebels, and Sir Francis Shane defeated 140 of them, whereof 45 were slain on the place, of which number fourteen were killed by himself; so that many of the Rebels offered to submit, which was the less regarded, because it was known that even those that had not yet entered into Rebellion were hindered more by a sense of their Danger, than their Duty; and that they waited only for a safe opportunity to declare themselves; insomuch that O Sullevan assures us, Sullevan 177. that before the Battle of Kingsale, the Papists in the Queen's Army had promised to revolt, and that many did so, by two, or three, or ten at a time, and that if they had all done so, then there had been an end of the English for ever. The Lord Lieutenant marched toward Ulster the fifth of May, he passed the Moyry on Whitsunday Morning, and came to Newry, where he was informed that O Neal had razed Blackwater Fort, burnt Armagh, and was retired into the Fastness of Logh lurken; whereupon Montjoy on the 15th of May drew out towards Armagh with 1500 Foot and 200 Horse; but hearing that the Earl of Southampton, and Sir Oliver Lambert, were coming to him with recruits, on the 17th of May, he sent Captain Blany with 500 Foot and 50 Horse to conduct them, who accordingly came to Faghard, near Dundalk, and thence all together marched toward the Newry, but were attacked briskly at the Pass of the Moyry by Tyrone, and 1200 Foot and 220 Horse; but Montjoy, who foresaw this design, came seasonably to their Relief, so that they passed the Moyry in spite of the Rebels, with a small Loss to themselves, and very considerable Loss to the Enemy, in a brisk Fight they had there. In the mean time a Garrison was planted at Loghfoile, by Sir Henry Dokwra, and they took Newcastle, and spoiled all O Dogharty's Country, took a good Prey of Cows, and killed many Rebels; they also fortified at Derry, which frightened many of the Irish into the Islands of Scotland, and forced some of them to Submission. About the middle of June Montjoy returned to Dublin, by the way of Carlingford, O Neal being retired into his Fastnesses. At Dublin the Lord Lieutenant met many and great Clamours; that in his absence the Rebels had invaded, preyed, and burned the Pale; but the Loss was not half so great as the Noise. As to Munster, The Precedent with 900 Foot, and 100 Horse, came to Youghall the 21st of April, where he received an account that Florence Mac Carty, and others of Carbry, on Tyrone's encouragements, were in actual Rebellion; wherefore Captain Flower was sent into Carbry with 1200 Foot, and 100 Horse, Pacata Hib. 30. and burnt and preyed as far as Ross; but in their return at Awnebuy, they fell into an Ambush of 2000 men which Florence Mac Carty, and Dermond O Connor had laid there for them: however the English behaved themselves so well, that they slew Carbry O Connor, and 100 Rebels, and wounded as many more without the loss of any Person of note on their side; and about the same time the Garrison of Killmallock, took a good Prey from the Brough. On April the 24th the Precedent came to Cork, where he had an account of the miserable condition of the Province, which was all in Rebellion, except some few Lords and Gentlemen, whose followers and near relations were likewise in Action; so that there could be no great confidence placed in themselves; the very Cities and Towns were staggering, and so frighted by the Threats and Excommunications of the Clergy, that there could be no Trust reposed in them: But all this did not discourage the Precedent. On the 25th of April John▪ Mac Thomas took a Prey of 300 Cows, and 10 Horses from Castlelions, and the next day Redmond Burk invaded O Dwyres' Country to his loss of 120 Men; to revenge which, Redmond soon after returned thither, and on the Sixth of May slew all the Men, Women, and Children, and took all their cattle, and burned all that Country. On the 29th of April, the Garrison of Killmallock, took the Prey of Loghgwir, and soon after Banet Condon, and the White Knight submitted to the Precedent. On the Third of May Florence Mac Carty▪ on promise of safe return, came to Cork, and submitted to the Precedent, and promised Neutrality; and Dermond O Connor was dealt with for a considerable reward to seize upon the Sugan Earl of Desmond, and one Nugent, a relapsed Rebel, for Pardon and reward, promised to find means to ruin John Fitz Thomas, (Desmond's brother,) which he attempted to do by pistolling him, but was prevented in the very nick, and the next day was hanged. Likewise, Redmond Burk, who commanded 500 Banaughs, was wheedled by the Precedent, in hopes of the Barony of Letrim, to withdraw out of Munster, and was soon followed by Tyrrel: Hempon Peirce La●y, finding himself unable to defend his Castle of Brough, burned it, and in July after ●●ed to Ulster. The Precedent had given out that he designed to march to Lymerick the Sixth of May, whereupon the Rebels met in great numbers at Ballyhawra, and continued together ten days, and then, partly for want of Victuals, and partly because they believed the Precedent would not, or durst not come that way, they separated. The same day Sir Richard Piercy, Governor of Kingsale, slew 10 Bonaughs in Kynalmeky, and had surprised them effectually, but that Florence Mac Carty gave them intelligence of the Design. On the 21st of May the Precedent marched from Cork to near Mallow, and the next night near Killmallock, the 24th to Brough where he left a Garrison, and the 25th he came to Lymerick. On the 23d James Galdy, (Brother to the Lord Cahir and with his privity,) by the Treachery of an Irish Centinel, surprised the Castle of Cahir, but in lieu of that, the Governor of Loghguir-Castle (Owen Groan) delivered it up to the Precedent for a Sum of money not exceeding 60 l. On the 28th of May the Precedent entered Clan William, 1600. and John Burk refusing to submit personally, pretending that his Priests taught him that it was a mortal sin so to do. The Precedent disdaining that frivolous Answer, the next day burnt and destroyed his Houses, Corn, and Country; and then on the 30th of May Burk came and submitted, and was with his brother Theobald, with difficulty, received upon their putting in Pledges for their future Loyalty. The last of May the Precedent took Ballytrasny Castle, which the Ward had deserted, and therein a great quantity of Corn, and then part of the Army destroyed the Owny, being O Mulrian's Country; and then the whole Army returned to Lymerick, and Garrisons were placed in Asketon, and Likadowne, Killmallock, and Lymerick. Florence Mac Carty had by Letter to the Sugan Earl of Desmond a Truce, or Cessation with the Precedent, and about this time had a meeting with the Confederates in Connilo, where he slily betrayed his Brother-in-Law, O Sullevan Moor, and others, and left them in pawn to Dermond O Connor, for what Bonaught himself should have paid. The President's Army being refreshed by the Arrival of Captain Harvy's Ship at Lymerick, he put his Soldiers into the aforesaid Garrisons, to give the better opportunity to Dermond O Connor to effect his design against the Sugan Earl, who would probably thereupon disperse his Forces likewise. This plot was craftily managed, and Desmond was taken, and afterwards rescued by the Irish out of Castleishin the 26th of June, whereof you may read at large in Pacata Hibernia. In the meantime O Donell invaded Twomond with a great Force, but that Earl, having part of the President's Army, often skermished with the Rebels successfully, and on Midsummer day forced them out of the Country. But let us return to Ulster, where we shall find O Neal in his Camp near the Newry triumphing, because the Lord Lieutenant was gone to Dublin from his Camp: On the eighth of June he wrote Letters to Owen Mac Rory about the delivery of the Earl of Ormond, who was ransomed on the 17th of June for 3000 l. for which he gave 12 Pledges, who were afterwards delivered without payment of the Money, upon the Submission of the Septs of Kellyes and Lalors, in August following. On the 19th of June the Lord Lieutenant wrote to England, that he found more difficulty to govern the Subjects, than to suppress the Rebels, and that he feared an invasion from Spain; and therefore desired that some Ships might lie on the West of Ireland, and that the Army might be strengthened. But it seems that Tyrone drew his Forces towards Loghfoyle to straiten Derry, and that Sir Samuel Bagnall taking advantage of Tyrone's absence there, and O Donell's in Twomond, drew out of Newry into Managhan, where he took a Prey, killed six Commanders, and about 60 Rebels, and returned with the loss only of three men, and 20 hurt; and Sir Henry Dockwra, and the Garrison of Derry, by the help of Art, Mac Turlogh O Neal, did waste O Cahan's Country, and took Dunalong before Tyrone's face, and placed Captain Bowls in Garrison there; and by the assistence of Neal Garve, he also took the Castle of Liffer, to O Donell's great dissatisfaction, and about the same time a Spanish Ship arrived at Calebeg with arms and money, and thereupon the Rebels flocked thither and left the Country open to the English Garrisons. The Subjects of the Pale sent over the Lord of Howth, Morison 78. and Sir Patrick Barnewell, to complain of the Injuries they received from the Army, and made a Tax of 3 s. per Plow-land to bear the charge of their Agents, though they had been very backward to contribute so much towards the Queen's Charge; but these Deputies were reprimanded for coming without the Lord Lieutenant's leave, and sent back with a Flea in their Ear, and referred to the Lord Lieutenant. From the 7th to the 12th of July Sir Oliver Lambert, accompanied with the Earl of Southampton, stayed in Ophaly, and made a Causeway, and a small Fort in the Fastness, to faciliate the Relief and Victualling of Philipstown; and about the same time Sir Richard Morison, Governor of Dundalk, took a considerable Prey in the Fews; whereupon several Rebels offered to submit, but were refused Pardon, unless by Service they should deserve it. On the 12th of July Mountjoy went to the Borders of Ulster, where O Connon Roe Macguire submitted, and was pardoned, but O Neal keeping himself in his Fastness, so that there was no coming to him, the Lord Lieutenant returned to Dublin. On the 12th of August Mountjoy, with 560 Foot; and 60 Horse, and some Volunteers, marched to Naas, and thence, to Philipstown, and in his way took a Prey of 200 Cows, 700 Garons, and 500 Sheep, and so burning the Country; on the 16th he came to the Pass where Sir Oliver Lambert was to meet him, both of them skermished all the way, and slew many Rebels, and at Noon they met; on the 17th they marched together to another Fastness, where Owny Mac Rowry and Terrell encountered them. Montjoy was in great danger, having his Horse slain under him, but the issue was, that Owny Mac Rowry, and Callogh Mac Whalter, and 35 Rebels were slain, and 75 wounded; whereby the O Moor were totally discouraged. Montjoy stayed in this Country till the 23d of August, and destroyed 10000 l. worth of Corn, and slew more or less of the Rebels every day; one Lenagh, a notorious Rebel, was taken and hanged, and a Prey of 1000 Cows, 500 Garons, and many Sheep, was taken by Sir Oliver Lambert, in Daniel Spany's Country, with the slaughter of a great many Rebels; whereupon Redm. Keating, and the Septs of Kellyes and Lalors submitted, and were pardoned, on the discharge of the Earl of Ormond's Pledges, which were in their Custody. Sir Arthur Savage, Governor of Connagh, designed to meet the Lord Lieutenant, but could not accomplish it, though he preyed and spoilt the Country, as far as he came, and slew many Rebels in the Skermishes he had with them. The Lord Lieutenant returned to Dublin August the 26th, and on September the 14th began another Journey into the North, on the 20th he encamped at Faghard, three Miles beyond Dundalk, where his Army being mustered, were in List 4150, but by Poll but 2400 Foot, and 300 Horse; he was by extremity of Wether detained there till the first of October. In the mean time O Neal had possessed himself of the Pass of the Moyry, but on the 2d and 5th of October the English skermished so successfully with them, that on the 9th they quitted the Fastness; whereupon Montjoy cut down the Woods on both sides, and having refreshed his Army at Dundalk, on the 21st of October he marched to the Newry, where for want of Victuals he stayed till the second of November, and then encamped near the place where he than built the Fort of Mountnorris, and left in it 400 Men under Capt. Blany; whilst they were building the Fort they had many Skermishes with the Rebels, with good success; in one of which they took Prisoner Neal O Quin, Tyrone's chief Favourite, who was a butcherly sort of a Sot. On the 10th of November, Proclamation was made in face of Tyrone's Army, That whoever brought O Neal alive, should have 2000 l. and who brought his Head, should have 1000 l. and then the English Army marched to the Newry, and thence to Carling-ford; but in their way, on the 13th of November, they were attacked briskly by the Rebels at the Pace of Carlingford; Mar. 82. but the issue of the Battle was, that the Enemy was routed with the loss of 200 men, and in this whole Campaigne Tyrone lost 800 men, and which was more, his Reputation; and of the English there were in this Journey about 200 slain, Cambd. Eliz. 583. and 400 wounded. Montjoy marched from Carlingford to Dundalk, and so to Dublin, having distributed his Army into Winter-quarters, where we will leave them, and return to Munster. On June 29. the Precedent marched from Limerick into Conilo to relieve Dermond O Conner, who was besieged at Ballyalinan, whereof the Rebels having notice, they made an Agreement with Dermond, and all joined together to oppose the Precedent. However, he seized on the Castle of Crome, which the Ward deserted, and therein he found good store of Corn and other Provision; and then for four or five days the Army hovered about Asketon, in expectation of supplies of Victuals, etc. which were to come from Limerick by water, and the Rebels, to the number of 3000, kept very near them, and sometimes within view; but the Rebels had such jealousy of one another, that they durst not attempt any thing: and indeed William Burk and Morongh in More O Flaherty, did July 3. by their Letters to the Precedent, offer to departed the Province for a Pass and a piece of Money, Pac. hib. 62. and to carry their Bonaughs with them, being 2500 men. But the Knight of the Glin (although his Son was by himself put into the Precedents hands as a Pledge of his Loyalty) was out in Rebellion: and therefore on July 5. the Precedent sat down before the Castle of Glin in the County of Limerick; and although the Rebel's Army (being 3000 strong) were within two miles of him, yet he valiantly took the Castle by Assault, with the slaughter of 80 Rebels. It is observable, that during the Siege, and before the Artillery was mounted, the Knight of the Glin had two Parleys with the Earl of Twomond, and might have had good Conditions; but he relied upon the Promises of his Confederates to raise the Siege, and refused to submit. The Precedent having put 21 men under Captain Mordant in the Castle of the Glin, designed to attempt Carrigofoyle, but O Connor Kerry prevented that by his submission and surrender; and yet he also afterwards relapsed when the Spaniards came. In the mean time the Precedent sent Maurice Stack with 50 men to Kerry, where he surprised Liscaghan-Castle, burnt Adare, and preyed the Country, and preserved himself safe, till Sir Charles Wilmot came to his relief. At length Dermond O Connor and the Bownaghs obtained leave of the Precedent to return to Connagh, but the Lord of Castleco●el took no notice of their Passport, but in revenge of his two Brothers deaths, whom they had slain, he fell upon their rear in Clanwilliam, and slew 60 of them. On the 13th of July the Precedent, for want of Victuals, returned towards Limerick, and in his way took the strong Castle of Corgrage by surrender, and gave the Custody of it to Oliver Stevenson, whose Posterity are now degenerate into mee● Irish. He also placed 700 Foot, and 75 Horse in Asketon; and on the 15th, he took the Castle of Rathmore by surrender, and then sent 450 Foot and 50 Horse to Kilmallock, and on the 16th he came to Limerick. In the mean time the Rebels attempted Liscaghan. Castle in Kerry, to their loss of 23 Men, and force not prevailing, Florence Mac Carty used all his wheedling arts to terrify or persuade the Garrison to deliver it up, but all in vain; however, the Precedent (being advised thereof) on the 23d of July, with 75 Horse and 1050 Foot, set out by way of Thomond, and transported his Forces over the Shenin, at Carigofoyle the 28th, and the 29th he sent Sir Cham Wilmot with 600 Foot and 50 Horse into Clanmorris, where he surprised Lixnaw, Rathowin, and Tralee, which was almost ruined by 150 Bonaughs, employed to that purpose, whereof he slew thirty two, and recovered 100 Arms, and returned to Carigfoyle on the second of August. Patrick Lord of Kerry hereupon pulled down his own. Castle of Bealieu, and on the 12th of August broke his heart and died; the Rebels also ruined Castle Island, and many other Fortresses, because they should not be Garrisons for the English. But Florence Mac Carry began now to appear more openly, so that he would by no means come to the Precedent, tho' twice sent for, and it was rumoured, that he was projecting a Marriage between the Sugan Earl and the Lord of Muskry's Sister, thereby to unite all the Cartyes (who were 3000 able men) to their confederacy; and that he had also sent to Tyrone for assistance. To prevent this, the Precedent leaves Wilmot in Kerry, and returns to Cork by the way of Limerick; and on the 23d of August, in the way, Piercy L●cy offered to submit upon Conditions, but the Precedent would not capitulate with him. In the mean time Captain Harvy, with 70 Foot and ●4 Horse, marched 21 Mile from Moyallo, in pursuit of one John mac Redmond, an Arch-Rebel: by mistake they burnt a House in a Village belonging to the white Knight, which they thought belonged to the Rebels: on discovery of the mistake, the Captain offered to pay for the damage, but John Fitz-Gibbon, the white Knight's Son, not satisfied therewith, gathered 160 Foot and 18 Horse, and fell upon the English, but he was forced to return with the loss of 60 of his Men, without killing one English man; and tho' the white Knight stormed a little at first, yet when he knew the truth of the matter, he was well satisfied, however the malicious Guide, that had misinformed them, was executed by the President's Order. Sir Charles Wilmot managed his business so well in Kerry, that the Knight of Kerry, and Lord of Lixnaw sued for protection, which the Knight sometime after obtained, and delivered up his Castle of Dingle in October following. And it being certain that Florence mac Cartie had confederated with the Sugan Earl, Daniel mac Cartie more, was taken into protection; and the Earl of Thomond was desired to govern at Asketon, which he did, and his Garrison soon after took the Castle of Main in Conilo. The Precedent had so ordered the matter, that Cormock mac Dermond, Chief of Muskry became engaged for his Sister's appearance when sent for, whereby the designed Marriage with the Sugan Earl was prevented; and soon after the O M●ghons, and O Crowlyes of Carbry submitted, and came under protection; but they relapsed when the Spaniards landed at Kingsale. And on the 29. August, Cahir Castle was surrendered voluntarily by James Galled, by the means of his Brother the Lord of Cahir. And about the same time Mac Donough, Mac Auliff, and O Keef likewise made their submissions. The Sugan Earl, and Peirce Lacie being enraged at the Knight of Kerry's submission, invaded his Country; but were forced by the Knight to return faster than they came, two of their Captains, and sixteen of their Men being slain. And soon after Sir Charles Wilmet took Ardart Castle in Kerry, after a good Defence made by the Ward. Honora ni Brien, Sister to the Earl of Thomond, and Wife to the Lord of Kerry, invited the famous Maurice Stack to Dine with her at Beauliew, where she caused him to be barbarously murdered, and the next day her Lord also hanged his Brother Thomas Stack, who was his Prisoner. However, Wilmot so managed his Affairs, that the Sugan Earl was forced to leave Kerry, and in his passage to Arloghwoods was set upon by the Garrison of Kilmallock, and 120 of his best Men slain, and 80 wounded, and 150 Arms, and 40 Horses taken, as also 300 Garrans loaden with Baggage, and all their Cows and Sheep, whereby the Earl was quite undone, and his Forces scattered, and himself forced to fly into Typerary and Ormond, and his Brother and Piers Lacie retired into Ulster. It is observable that the Irish were so blindly devoted to Popery, Cambd. Eliz. 584. that many of those that had been Loyal, sent to Rome for a pardon for their sin, in not entering into Action, and a Dispensation for the time to come, from entering into open Rebellion. In the mean time the Queen, by the Advice of Sir Ro. Cecil, and the Lord Precedent, sent over James, only Son of Garret last Earl of Desmond, attended and equipped according to his Quality, in hopes he might regain the Followers of his Family, and reduce them unto their Obedience and Duty: His Patent was sent to the Precedent, to keep, or give it, as he should see cause, and a Company of Foot was cashiered for his maintenance, which was to be in the President's House, for fear of the worst; when he came to Cork, the Inhabitants finding he was a Protestant, refused to entertain him; so that he was fain to obtrude himself upon the Mayor, where he supped, and after Supper he wrote a Letter of this usage to the Lords of the Council; but the Mayor told him, No Letters should go out of his House, but what he saw: However, the Earl sent away his Letters; Lib. D. D. D. and the Queen on Notice hereof, ordered the Lords of the Council to reprimand the Mayor, etc. which they did to purpose, by their Letter of 10. November, 1600. Upon this Earls first coming to Kilmallock, multitudes flocked thither to see him, and pay their Duty to him; but as soon as they saw him go to Church, they all forsook him, yea cursed him, and spit upon him; however, he prevailed with Thomas Oge, Constable of Castlemayn, (4. November) to deliver that Castle, and two of Peirce Lacy's Sons into his Custody, which was all the Service he did, or could do whilst he stayed in Ireland. But it is worth noting, that Florence Mac Curty upon the President's Word came to him to Mallow, and assured him of his Loyalty by all the Oaths and Asseverations imaginable, and yet whilst he was in the House, he wrote Letters to Thomas Oge● not to surrender Castlemayn, and assured him of Reward and Relief; so exceedingly falshearted was this mighty Hypocrite; and these Letters were by the diligence of Mr. boil (afterwards Earl of Cork) intercepted. However, at length he submitted, and put in two Pledges on the 29th of October. In the mean time Wilmot had taken the Castle of Clancoyne by Sir Fra. Barkly? and on Notice that the Lord of Kerry, and Knight of the Glin were in the Woods with 80 Men, he pursued them so close, that he slew 60 of them, and narrowly missed the two principals. And on the Fifth of November he sat down before the Castle of Listoel, and after a good Defence, and ten days time, it was surrendered to him, together with the Lord of Kerry's Son and all his Chattels. About the same time Sir Richard Percy sent part of the Garrison of Kingsale to Carbry, where near Kilco they took a Prey of 300 Cows, and in November took another Prey of 200 Cows in Kinalmeky; and now some difference arising between the Cartyes and Learyes about some stolen Cows, they had a Battle at Ahakery, where O Leary and ten of his men were slain. The Lord of Muskry would have revenged the slaughter of his Followers, but the Precedent would not permit him, lest thereby he should put the Country in confusion, and make such a Flame as he could not quench. In the mean time the Lord (or Chief) of Muskry was underhand dealing with O Neal, whom he advised not to trust any of English Extraction, and assured him he would dissemble with the Precedent until Aid should come; and Florence Mac Cartie levied 1000 Bonaughs in hopes of Recruits they daily expected from Connaugh and Ulster, and indeed Forces were there assembled for their assistance, and they would have Invaded Munster, but that Redmond Burk expected great matters from the Precedent, and therefore would not disturb his Province, and the Sugan Earl was jealous of the Bonaughs, and every body was doubtful of Florence Mac Carthy, and so this great cloud vanished, and the Rebels dispersed into Ormond and Typerary. Sir Charles Wilmot drew near to the Abbey of Ratoo in Kerry, whereupon the Rebels burnt it, however he met 100 Bonaughs under Mortagh mac Shihy, whereof he slew 40. Dermond O Connor (whose Wife was Sister to the Queen's Earl of Desmond) was so well pleased with the Honours the English did his Brother-in-Law, that he resolved to come to him, and to do some service acceptable to the State, and accordingly he obtained Passports, but Tybot ni Long, who had a Company in the Queen's Pay, pretending ignorance of his Passport, in favour of the Rebels, fell upon him in Cla●riccard and slew 40 of his men, and took him Prisoner, and the next day cut off his head; whereupon the Queen took away Tybbott's Company from him. On the 18th of November the Precedent kept Sessions at Limerick, and afterwards at Cashell, and on the 28th of November at Clonmell, where the Earl of Ormond met him, and promised to expel the Rebels out of his Palatinate; and in order to it, in January his Forces assailed the Rebels, slew 40 of them, and particularly Thomas Burk, Brother of Redmond, and took 30 Arms, and forced Redmond and his Followers into the River Nore, where 70 of them were drowned, and many with their Baggage taken, and particularly John Burk, another Brother of Redmonds, who was soon after executed at Kilkenny, and William Burk, another of his Brothers, was sorely wounded. In December, Captain Francis Slingsby, with 500 Foot, burnt, preyed, and destroyed Owny Omulrian's Country, and did the like to East Clanwilliam Arloghwoods, and Muskryquirck, and killed every Soul he found there; whereupon the Burks and Brian's (who had fled thence) submitted and were pardoned. The Precedent having notice that the Sugan Earl and Dermond Macgragh, titular Bishop of Cork, were at Lisbarry in Drumfinin-Woods, sent a Party thither, who were so near surprising them, that the Sugan Earl was ●ain to run away barefoot; and the Bishop got some old Rags about him, and so well personated an old impotent Beggar, that the English who met him did not think him worth a hanging, and therefore suffered him to pass. About the 18th of December, Sir Francis Barkly having notice that many Rebels were relieved in Clanawly, marched thither, and got a Prey of 1000 Cows, 200 Garrons, many Sheep, and other Booty, and had the kill of many Traitors. And the Precedent having notice of a Marriage designed between O Donell and the Earl of Desmond's Sister Joan, very seasonably prevented it. Geofry Galway, Mayor of Limerick, had formerly imprisoned a Soldier for Petty Larceny, and notwithstanding repeated Orders from the Precedent, who was then ready to march he refused to try or enlarge him: wherefore now the Precedent turned him out of his Office, and made him pay a Fine of 400 l. which was expended in the repair of the Castle of Limerick. Some of the Garrison of Kerry made a Sally into Desmond, and the Servants of John Barry Sheriff of the County of Cork did the like to pursue some Rebels that were fled thither; but Florence mac Carthy would have his Territories a Sanctuary inviolable, and therefore his Followers routed both these Parties, and killed several of the Sheriff's men, and two of the Soldiers. However, on parol he came to the Precedent, and was by him advised to go to England; whereto he pretended to consent, and obtained the President's Letter to the People of Carbry, to encourage them to contribute to the charge of the Journey; but when he had collected their Benevolence, he took farther time to consider of the Voyage. But let us return to the Lord Lieutenant, who was resolved to be revenged on the Birneses and Tools, who daily disquieted Dublin, especially in his absence, and he managed his design so secretly, and with such expedition, that on Christmas-day he surprised Phelim Mac Pheagh, in his own House, from whence he narrowly escaped at a back window, but his Wife and eldest Son were taken; and there the Lord Lieutenant stayed till the 20th of January, and spoiled and ransacked the Country, burned the Corn and Houses, and planted Garrisons at Tullogh and Wicklow, and then went to Monsterevan, and so to Trim; from whence, on the 11th of February, he went towards Molingar, and so to Athlone; and in his return homeward, on the 20th of February, he attacked a small Island in Westmeath, where Captain Tyrrel lay, but for want of conveniences to get into the Island, the first and second attempts were fruitless, but whilst he prepared better for a third essay, and proclaimed Tyrrel's Head at 1000 Crowns, on the 24th of February, the Rebels in the night stole away; thence he marched into Ophaly, Leix, and Meath, and on the 6th of March came to Trim, and having made some Incursions into the Fearny, where they found small resistance; on the 21st of March he came to Tredagh, where he altered the List of the Foot, and disposed them into Garrisons, and so returned to Dublin on the 26th of April, 1601. In this Journey Montjoy received Orders to proclaim the mixed Money, and to grant Tyrconnel to Neale Garve, and Fermanagh to Connor Roe Macguire, who had taken prisoner Cormock O Neal, eldest Nephew and Tanist of O Neal, and the hopefullest Man of the Family; also Morrison, Governor of Dundalk, had good success in the Fews, and brought with him Turlogh Mac Henry O Neal, (Tyrone's Brother) who submitted to the Lord Lieutenant, and was pardoned; as also Ever Mac Cooly, Mac Mahone, chief of the Fearny— O Hanlon, and the Septs of Brenny, and the Queens Macguire had 200 Men given him for his assistance. The Lord Precedent of Munster proposed, that a general pardon to all of his Province might be granted with some few exceptions, but this would be disadvantageous to the Officers of the Court and their Clarks, and therefore the Queen ordered, that every body that the Precedent should recommend, should be pardoned; whereupon (before the end of February, 1600) more than 4000 Pardons were taken out by the Provincials of Munster, (viz.) to Mac Carty Reagh and 210 followers; O Sullivane Bear and 528. John O Dwyer and 158. James Fitzgirald and 370. Teig O Bryan and 221. O Mulrian and 83. O Sullivane more 481. Mogelly people 151. Inhabitants of Kerry 270. and Muskry 542. in every one of which Pardons was a Proviso, that they should not be of force to any other than the actual Tenants and known Followers of the Lord who procured the pardon, nor to any of them that was on Bail or in Prison. On the 31st of March, 1601. the Queen signed the Irish Establishment, which amounted to 255773 l. 14 s. 0 d. besides some Contingencies, (as Ammunition, levying of Horse and Foot, and the Charge at Sea) which might arise in all to about 50000 l. more. On the 6th of April, the Captains Bodily and Blany did good service on the Island Loghrurcane, which the Rebels had made their Magazine, and tho' they could not get into the Island, yet by shooting Arrows with Wildfire into it, they burned the Cabins and what was in them, and returned with the loss of two Men. About the same time Sir Henry Dockwra, Governor of Loghfoyle, took the submission of Hugh Boy, who discovered to him the Juggle of Florence Mac Carty, and the certainty of the Spanish Invasion of Munster. Also Phelimy oge O Dogharty offered to submit on Conditions advantageous to the State, and Captain Bowls exceedingly infested O Cane, and slew 50 of his Men, and burned his Houses and Corn; nor was the Garrison of the Liffer deficient in their enterprise on Tyrconel, for they slew many of the Inhabitants, and brought away 200 Cows and other Booties, and burnt New-town. The Queens Macguire being settled in Fermanagh, and a Garrison planted in the Brenny, the chief thing to be done, was to settle a Garrison at Balishanon, which was to be effected by way of Connaugh; in the mean time Sir Henry Dockwra at Loghfoil secured O Dogharty's Country, viz. Inisowen, and had spoiled Hugh Mac Hughduff's Country, but that he was betrayed by an Irish Soldier, who ran away and discovered the Design; however, it was not long before he did invade it, and took a prey of 1000 Cows, and burned what he could not carry away; whereupon Mac Swiny Na do, Mac Swiny fanagh O boil, and Shane Mac Manus oge O Donel, made their submissions, and were received into protection. It must be confessed, that Neal Garuff, who was the Queens O Donel, was instrumental to these good Successes, whereon he grew so insolent as to tell the Governor Dockwra to his face, that the People of Tyrconel were his Subjects, and that he would punish, exact, cut and hang them as he pleased; but the Governor charged him the contrary, on his Allegiance, and at his peril. This Man might well be called Garuff, i. e. rough, or rude; for he was (as Sir Henry Dockwra writes of him) proud, valiant, miserable, tyrannous, unmeasurably covetous, without any knowledge of God, or almost any Civility. A general Hosting was designed to meet at the Hill of Taragh the last of June, which consisted as followeth, besides those expected from Munster. Horse Archers Kern County Dublin 12 95 16 Meath 81 173 100 Westmeath 60 2 Killdare 18 57 Louth 36 51 O Byrne 12 24 Under Sr Hen. Harrington. O Cavenagh 12 30 Other Irish 104 307 All which, with some Forces left in Leinster, were to guard that Province, whilst the Garrison of Ballyshannon should be planted, and 100 Foot, and 50 Horse were ordered out of Munster into Conaugh on the same design. In the mean time, on the 22d. of May the Lord Deputy left Dublin, and came the 23th to Tredagh, and the 25th to Dundalk, and on the 8th of June came to the Moyry, and built a Fort there at three mile water, and left it defensible; and on the 13th of June, at his Camp at Fagher, he published the new Proclamation about mixed Money (which might have caused a Mutiny if the Soldiers had been idle in Garrison, and therefore was done on the March); and on the 14th he removed to beyond the Newry; and on the 25th he marched fifteen Miles to Evaugh, (Mac Genis his Country) and on the 16th Sir Richard, Morrison took Down, and Montjoy marched to Dundrum, which Phelim mac Evir the Proprietor yielded to him, and submitted himself, as did also Mac Cartane, and the Warders of two Castles at Arglass; and it is observable that a third Castle there had been kept three years passed for the Queen by one Jordan, who never came out of it all that time, till now the Lord Deputy relieved and nobly rewarded him. On the 18th of June, Mac Rory Captain of Killwarlin submitted, and that Evening came Sir Arthur Chichester to the Camp; and soon after the English took the strong Castle of Ballinshor; and on the 21st being encamped near the Newry, the Lord-Deputy ordered Sir Henry Danvers (who lay at Mountnorris) to seize the Abbey of Armagh, where his Lordship intended to plant a Garrison, but Danvers met with some difficulty in executing the design, so that he could not effect it. On the 22d of June, the Lord-Deputy came near Mountnorris, where the Garrison met him, and together they marched that Night beyond Armagh, and the next day road to view the Blackwater, and the place of the great Defeat formerly given to Marshal Bagnal; and immediately returning, he left a 100 Horse and 750 Foot, in Garrison at Armagh, under Sir Henry Danvers, and marched that Night to Mountnorris; and on the 24th encamped two Miles short of Newry, at the Hill of Dananury, expecting Supplies from the Pale. On the 28th of June, the Garrison of Armagh ruined Bryan mac Art, killed divers of his Men, took his Horses, and destroyed his Baggage, and also took 300 Cows from Mac Genis, whereupon Art mac Genis, and Rory Oge Mac Genis, and Patrick mac Mahon, soon after made their submissions. On the 2d of July, the Lord-Deputy dispersed his Forces into the adjacent Garrisons, and road to Dundalk with a Troop of Horse, and three Companies of Foot; and on Notice from the Lord Precedent, that Munster was quiet, and that the Irish Lords did abuse the Commission of Martial Law they had, those Commissions were recalled. The Garrison of Armagh did yet more good Service, in taking some good Horses from Tyrone's Camp, and in preying Mac Cartanes Country, which was one of the greatest Fastnesses in Ireland. The Deputy finding the General Hosting not to answer expectation, and to be useless in the Army, ordered them to defend the Pale, placing those of Dublin and Louth at Louth, those of Meath at Kells, those of Kildare at Athy▪ etc. And on the 9th of July he marched to Latenbur, beyond Newry, and came the 12th to Armagh, and encamped that Night near two miles beyond it. On the 13th he went near the Blackwater, and Tyrone shown himself on t'other side at some distance, but soon vanished at the noise of the Artillery (being only a Rabinet and a Falcon) however afterward he attempted to send some Horse over the River toward the Fews, but on the Approach of a Detachment of the English they retired. On the 14th (with the loss of about 22 Men) 300 English past the River, and beat the Rebels out of their Trenches, which were better and more artificially made, then defended. On the 15th, the Deputy road towards the Woods and Fastnesses, and received little harm; and on the 16th he sent Sir Christopher Saint Laurence's Regiment to Benburb (the old House of Shane O Neal, environed with Woods) to which the Rebels flocked, so that there was a pretty Skirmish between them for three hours, in view of the English Camp, and new Detachmenrs were sent from the Camp as often as required; but the English were too hard for the Rebels in the Plain, and therefore the Irish made their best advantage of the Wood, and sallied out as they saw occasion; the issue was, that the Deputy lost only two Englishmen, and twenty-six Kerne, and seventy five were hurt; and the Rebels lost about two hundred. Nor is it to be admired that there was commonly such disparity in the losses, because the English were much the better Marks-men, and being better furnished with Ammunition, made many more shot than the Rebels could spare. The 17th and 18th were spent in building and fortifying, or rather beginning a New Fort at Blackwater, not far distant from the old one, which was demolished. In the mean time Sir H. Dockwra took Newtowne, and got a prey of a 1000 Cows near Logeherne, and did other good Services in Ulster. And Sir John Barkly at Annaly had stopped Tyrrel from passing into Ophaly, and killed many of his Men, and took 300 Cows. On the 23d of July, Captain Williams and his Company, being left to guard the new Fort, and Proclamation first made, That the Queen would not receive Tyrone to Mercy; and therefore offered 2000 l. for him alive, and 1000 l. for him dead: the Army dislodged, and employed themselves in destroying the Corn. On the 27th the Irish showed themselves, but soon retired; and Shane mac Daniel Groom, Tyrone's Marshal, made his submission. In the mean time Sir Henry Power behaved himself well in Leix, having destroyed and dispersed 300 Rebels there, and killed 40 of the Sept of O more; and on the 30th of July the Deputy marched to the new Fort at Blackwater and beyond it, and spent two days in cutting the Woods and clearing the Paces; and whilst they were doing so, on the first of August the Rebels made an Alarm, whereat the English Horses were frighted, broke their Headstals, and ran away, some to Armagh, and some to Newry, but the Troopers recovered them all again, by the cowardice and negligence of the Irish Horsemen who might easily have pursued and taken them all. On the second of August the Deputy returned to Armagh, and march three miles farther to Ralawtany, and sent out Sir Henry Danvers with 300 Foot to burn about 20 Houses, which he effected; but in his return was assaulted by Tyrene's Army. However, being succoured from the Camp, he made a safe Retreat, though the Rebels pursued him even so far as to pour a Volley of Shot into the Camp, and by reason of the adjacent Wood, they also got away safe. The next day the Deputy marched North of Armagh, for convenience of Forage, and to secure the Convoys, and the Rebels being numerous, drew down through the Woods near the Army, which by Poll was but 1728 foot, and above half of them Irish. The fourth of August the Deputy drew out some Companies to cut down the Woods, and they were not interrupted all day; but after they were returned to the Camp, in the Evening the Rebels appeared in a Meadow below the Camp with Drums and Bagpipes, and pretended to assault the Camp; but the Lord Deputy placed 400 men in Ambush, and ordered them not to fire till the Enemy was very near. The Rebels were encouraged by their not firing, so that they poured 2 or 3000 Shot into the Camp; but the Ambush finding their opportunity, gave them such a Volley in their teeth, that turned their Music to Allogone, and slew many of their best men, and particularly Pierce Lacie of the Brough, one of the greatest Rebels in Munster. But because Tyrone, who had 3640 Foot, and 400 Horse, was strengthened by the access of Maguire, mac Mahon and Cormack mac Baron, and their Followers, and was also elevated with the expectation of Spanish Succours, the Deputy sent for Sir John Barkly's Regiment from Annaly, and spent two days in cutting the Paces; and on the 7th marched to Mount Norris, where he stayed the 8th, 9th, 10th, 11th, and 12th, and on the 13th came within three mile of Armagh; and on the 14th victualled the Abbey of Armagh and the Fort of Blackwater, and returned to his Camp; and on the 15th he marched to Mount Norris, and on the 16th to Carrickbane near the Newry, and on the 24th his Lordship left the Field and came to the Newry, having placed his Forces in Garrison, Foot. Horse. Viz. at Carigfergus 850 125 Sir Arth. Chichester. Lecale 300 Sir Rich. Morison. Newry 450 50 Sir Fran. Stafford. Mount Norris 600 50 Sir Sam. Bagnal. Armagh 800 125 Sir Hen. Danvers. Blackwater 350 Capt. Williams. But let us return to the Lord Precedent of Munster, who was alarmed from Conaugh; for in the latter end of March, Redmond Burk and Hugh Mostian, with 800 Canaugh-men, and Teig Bourk, John Fitz Thomas, Donough mac Cormock, and Peirce Lacie, with 700 Vlster-men, designed to invade Munster by the way of Conaugh; and the Lord of Kerry, Teig Reagh mac Mahon, and others, were providing a Bark to come by Sea. Sir John Barkly (Governor of Conaugh in absence of Sir Arthur Savage) was too weak to resist this Force, and therefore the Precedent sent him 1000 Foot under Sergeant-Major Flower, in hopes to interrupt their passage over the Shenin: Flower, assisted by the Lord Twomond's Foot-Company, on the 29th of March came to Quin in Thomond, and hearing the Rebels were not far off, notwithstanding that Teig mac Tirlogh, O Brian, and Walter Burk (Son of the blind Abbot) had three days before joined them, he drew towards them, and so valiantly managed the Encounter, that Teig and Walter were both slain, and their Forces totally routed. The remainder of the Rebels finding that the Precedent had taken care to stop their passage by Sea, retired into Tough Kinalehim, (a strong Fastness betwixt Clanrickard and Thomond) where they continued till the 13th of April, then being half starved, and despairing of assistance from O Donnel, (who had promised it) they stole away in the Night to O Maddins Country; the English pursued them several Nights, till they passed the River Suck, wherein 200 Irish were drowned, and the rest dispersed; in the mean time the Precedent himself came to Lymerick, to countenance and be ready to assist the English Forces; he also ordered the chief Irish Subjects (with their rise out) to meet at Galbally in the County of Lymerick, under the Lord Barry, where 1300 Foot and 120 Horse (of the County of Cork only) appeared. The Rebels thus scattered, Captain Flower returned to Lymerick the 21st of April, and on the 26th the Precedent returned to Cork, in order to use all possible means to secure the Sugan Earl, and Florence Mac Carty, which not long after he luckily effected; for on the 29th of May the White Knight, alias Fitz Gibbon, took James the Sugan Earl of Desmond prisoner, in a Cave in the Mountain of Slevegrot, and sent him to the Precedent at Cork, for which good service he had 1000 l. This Earl was arraigned and condemned at Cork, and afterwards sent into England, together with Florence Mac Carty, whom the Precedent caused to be arrested in Cork, in the beginning of June, upon notice of his manifold Treasons and Breaches of his Protection, which may be found at large in Pacata Hiberniae, p. 164. both of them afterwards died in the Tower of London. One of these was the most potent of all the Earls of Desmond, having at one time 8000 armed Men under his command: And the other had been the most considerable of the Mac Carties since the Conquest. The Precedent, Pa●. Hib. 17●. to farther the intended Plantation at Ballishanon, sent Sir Francis Barkley and 1000 Foot and 50 Horse to Conaugh, by the Deputy's order, where they did very good service. On the 28th of July the Precedent held Sessions of Goal-delivery at Cork, where all the Freeholders were summoned to appear, and then he intended to seize upon the most suspicious persons, in hopes that the News thereof would prevent the Spanish Invasion, and accordingly he caused to be arrested Mac Donogh, alias Dermond Mac Owen, Teig Mac Dermond Carty, Brother of the Lord of Muskry, and Moil more O Mahon of Kinalmeaky, all which were fully resolved to join with the Spaniards, and had licence from the Priests to temporize, till their deliverance should come. About this time the Earl of Ormond did good service in Kilkenny and Tipperary, and slew several considerable Rebels, and near 100 others of lesser note. But let us return to the Lord Deputy, 1601. whom we left at the Newry, where he received News, that the Lord Dunsany, who had a Company of Kerns in the Queen's Pay, at Liscannon, a Fort in the Brenny, took a Prey of 1600 Cows from Macmahon, but being pursued by 140 Men, they left their Prey and ran away to the Fort; in this small Skirmish about 50 of each side were slain, but never a good Subject amongst them. But much better did Sir Henry Dockwra behave himself in Ulster, for he not only regained the Castle of Derry, which some of his Irish Soldiers had betrayed to the Rebels, but he also surprised Donegal, and tho' O Donel besieged it full thirty days, using many horrible Howl and Outcries, to terrify the Garrison, and altho' the Abbey by accident was burnt, yet did the English Soldiers manfully defend it, until O Donel drew off to the Relief of Kingsale, and then Sir Henry marched to Donegal by land, and Edward Diggs, with two Companies quartered at a place called Asherow, had the good fortune to surprise and take Ballyshannon, a place very much coveted by the English, for the advantage of its situation. On the 29th of August, the Deputy came to Trim, where the Privy-Council from Dublin met him, Camb. Eliz. 638. to consult of Affairs in general, and particularly how to deal with Tyrrel, who projected an Incursion into Munster. In September the Lord Precedent received 2000 fresh Men, landed at Waterford and Cork from England, and thereof gave account to the Deputy: whereupon Mountjoy went to Kilkenny with one Troop only on the 13th of September, in order to confer with the Precedent about the Queen's Service, but the Precedent was then hindered by the noise of the Spanish Invasion, but that being cooled again, the Precedent (leaving Sir Charles Wilmot in Cork) met the Lord Deputy at Leighlin on the 19th of September. There were Posts newly erected for the more speedy conveying of Intelligence, so that on the 22d of September, sitting at Council in Kilkenny, they received News by the Post, that the Spaniards were discovered near the Old-head of Kingsale; and on the 23d another Letter from Sir Charles Wilmot was brought them, signifying, That they were landed at Kingsale; but they were not landed when the Post came away, but landed that very day, being the 23th of September 1601. Hereupon the Marshal Wingfield was sent to the Pale to assemble those Forces, Sept. 24. and to get what Necessaries the Council could supply the Army with; and Sir Henry Danvers was sent for the Garrison of Armagh, and Sir John Berkly for that of Navan; and the Deputy and Precedent road that night to Kiltenan, my Lord of Dunboyn's Castle, and the 25th to Clonmel, the 26th to Glannor, and 27th to Cork, where they found a large Magazine of Victuals preserved by the President's fortunate providence, against this time of great necessity. Captain Slingsby, 24. with his Foot-Company and some of Sir Anthony Cook's Horse marched to view the Enemy, and entertained a small Skirmish with them. Capt. Flower, 28. with some Companies, went to view the Enemy, who sallied and were beaten back by the English. The Deputy, 29. President, and Council, went to view Kingsale. Fortescue and Berry brought two Companies to Cork. Octob. 3. The Marshal and Sir John Barkly came to Cork with more Forces. 8. Danvers, 10. Folliot, and Blany also came, and the Marshal and Berkly went to view a fit place to encamp in. Proclamation against assisting the Invaders, 15. and the great Cities sent some Militia to the Army. The Deputy encamped at Owneboy. 16. At Knockrobin. 17. Sir John Berkly alarmed Kingsale, 19 and beat the Spaniards into their Trenches. A Sally of 1000 Spaniards repelled by 200 English. 20. The Lord of Muskry and his rising on't, 21. was ordered to skirmish with the Spaniards, and were effectually assisted from the Camp. Capt. Button's Ship keeps the Harbour of Kingsale. 22. Sir John Berkly made a successful Attack on the Spaniards, 25. and beat them out of their Trenches. The Camp removed to Spittle-hill, 26. and Capt. Harvy went eight miles about over the River of Bandon, and recovered a Prey from under Castlenipark. The Artillery was mounted against Rincorran-Castle; 29. the Spaniards attempted to relieve it by Sea, but were hindered by Capt. Button's Ship. The Spaniards mounted Artillery, 30. which played into the Camp and did some mischief in the Lord Deputy's Quarter. The Spaniards attempted with 500 men to relieve Rincorran, 31. but could not, though they entertained a smart Skirmish with the English. The Castle of Rincoran was surrendered. Nou. 1. Four Barks with Ammunition Victuals arrived for the English at Kingsale. 5. The Precedent with two Regiments of Foot, 7. and 250 Horse, marched to intercept Tyrone; he afterwards met with Saint Laurence's Regiment, and tho' he was once within four miles of the Irish, yet they marching 32 miles in one day, were too nimble for him, so that he could never engage them. The Precedent had Notice, ● that the Lord of Muskry had undertaken to Don John, that he would send him the Precedent alive or dead, and that all the Irish (being half the Army) would turn Renagadoes when a fit opportunity presented: Yet he managed this matter so wisely, that neither of them found opportunity of executing their devilish Designs. The Spaniards made a resolute Sally, Nou. 10. and were beaten back with loss. Sir Anthony Cook, 11. and Patrick Atthur landed with 2000 Foot at Waterford, and some Horse. Levison and Preston with 10 Ships of War, 12. and 2000 Foot, arrived at Cork. — They came into Kingsale Harbour. 14. The English attempted Castlenipark ineffectually. 17. Earl of Thomond with 100 Horse, 18. and 1000 Foot, arrived at Kingsale Harbour. Castlenipark surrendered, 20. and Don John's House shot through. The Deputy went to Castlenipark. 21. Four Men in the Marketplace slain by the Artillery from the Camp. 22. The Artillery played on the Town, 23. and more Guns were planted at Castlenipark. — Also the Ships came between Castlenipark and the Town. Earl of Clanrickard and his Regiment came to the Camp: 25 & 26 And So did the Precedent. And the Spaniards made an ineffectual Sally. Spent in playing the Artillery. 27. Kingsale was summoned— And St. Laurence beat the Spaniards out of their Trenches. 28. The Artillery played with success. 29. The Marshal viewed the Town, 30. to find a place of Battery, and made a Breach. Berkly with 2000 Foot sent to view whether the Breach was assaultable, Decemb. 1. and found that it was not. That Night a Camp was planted near the Town on the West side of it. Nine English killed ten Spaniards in the Trenches, 2. and that Night the Spaniards made a furious Sally on the new Camp, but were repulsed with the loss of 200 Men. News of a supply of Spaniards landed at Castlehaven. 3. Sir Charles Wilmot and his Regiment marched to strengthen the Earl of Thomond's Quarter. 4. Levison towed his Ships out of Kingsale Harbour. 5. A Scotch Vessel having eighty Spaniards on board, 6. put them into Vice-Admiral Preston's hands; and the same day Levison destroyed the Spanish Ships at Castlehaven. Many of the Provincials of Munster revolted, and joined with the Spaniards, as did also O Donell's Army, and O Conner Kerry surprised Carigfoyle. A small Skirmish with the Spaniards; 8. and Tyrone's Army discovered in view. The Camp fortified. 9 10. 11. The Spaniards made a slight Sally. 12. Bad Wether. 13. 14. The Artillery played. 15. 16. The Spaniards made a Sally, 17. and broke down a Platform. Bad Wether. 18. 19 Artillery played, 20. and the Camp was fortified. Tyrone appeared between the Camp and Cork, 21. and the Spaniards sallied ineffectually. The same was repeated. 22. The Artillery played. 23. On the 24th of December happened the famous Battle between the Lord-Deputy on the one side, and Tyrone, and Odonell, and their Irish, and some Spaniards on the other, which I forbear to describe, because is is done at large, Pacata Hibernia, 233. It will be enough to say, that it ended in a glorious Victory, the Rebels being totally routed, and 1200 of them slain upon the place, and above 800 wounded, without any loss at all on the English side, except one Cornet, and five or six Soldiers; nor did those Rebels that fled escape scot-free, for Tyrone lost many of his Men and Carriages, in his hasty passage over the Blackwater, and they which passed through Connilogh suffered as much by the River Mage, and met with a severe rebuke at Abby-owny. It is strange that this Battle being fought within a mile of Kingsale, the Spaniards in the Town should know nothing of it; and yet it is certain they made no Sally till the Battle was over, and even then they sallied twice to little purpose. On the 28th Syriago with more Spaniards arrived at Castlehaven, but finding that the Irish Army was beaten, he wisely returned home, and on the 31st Don John de Aguila offered a Parley, which after several expostulations, centred in a Peace upon honourable Conditions, recited at large in Pac. Hib. 245. On the 9th of January the Camp was dissolved, and Don John road with the Lord-Deputy to Cork; and the Deputy dispersed his Army into Garrisons in Munster for their refreshment; and sent the Captains Harvy and Flower, to receive the the Castles of Dunboy, Castlehaven, and Baltimore, from the Spaniards, pursuant to the Capitulations, and accordingly they were all surrendered, except Dunboy, which the Irish surprised, and soon after Forts were erected at Halbowling and Castlenipark, and the like was intended at Baltimore and Beerhaven. The Corporation of Kingsale had their Charter restored upon their Petition, on condition nevertheless that the Townsmen should repair their Walls at their own charge, and 2000 of the Army in List were cashiered, to lessen her Majesty's charge. On the 20th of January, the Cardinal of St. George wrote a Letter to Tyrone, Lib. C. stuffed with fulsome Commendations of him, and with passionate Exhortations to persevere in the defence of Religion; the Letter began, Illustrissime & Excellentissime Princeps, etc. Several petty Accidents happened in Munster, as the taking of Capeclear-Castle, by Captain Harvy, who was Governor of Carbry from Ross to Bantry, and the slaughter of 18 of Donough Moyle mac Carty's men, by the Lord Barry; the execution of William mac Hubbard, and the submission of Sir Finin O Driscol, and Sir Owen mac Carty's Sons. But I am not willing to make this History more voluminous than needs must, and therefore I pass by many trivial Matters, especially such as are at large to be found elsewhere, and particularly in Pacata Hibernia. On the 28th day of March, 1602. the Lord Deputy came to Dublin in a Horselitter, being very much indisposed, however he disposed of the Army (which was in List 16950 Foot, and 1487 Horse) into Garrisons convenient for the Summer-service; and it must not be forgot, that this victorious Army did out of their Pay give 1800 l. to buy Books for the Library of the College of Dublin, which was faithfully laid out by Dr. chaloner, and Mr. Usher. The Lord-Deputy being pretty well recovered, marched to Dundalke, and in the beginning of June came to the passage over the Blackwater, five Miles eastward of the Fort, and sent Sir Richard Morison's Regiment to the North-side of the River, and then he built a Bridge over the River, and a new Fort to guard it, which he called Charlemont, and having left Captain Cawfeild and 150 Men in Garrison there; he sent Sir Richard Morison's Regiment to possess Dunganon, but on their approach, the Town and Tyrone's great House were purposely set on fire, however they went thither, and were followed by the Deputy and the rest of the Army. Sir Henry Dockwra (who had lately planted a Garrison at Only) came also to the Deputy at Dunganon, whereupon Tyrone retired to the Castle Row upon the Ban, and the English wasted the Country as far as Eniskilling, and took the Island of Magherlowny, which was Tyrone's Magazine, and another Island, wherein they recovered three Pieces of the Queen's Artillery; Sir Arthur Chichester also came with his Forces from Carrifergus, by the way of Loghsydny, and being joined by Morison's Regiment, they built the Fort of Montjoy, which was left with 850 Foot, and 100 Horse, under the Command of Francis Row, Deputy-Governor to Sir Benjamin Berry, and so the Victuals being almost spent, the Army was forced to divide, and Sir Henry Dockwra had directions to prosecute Tyrone from Only, by the way of Dungeven, in O Canes Country, and Sir Arthur Chichester was to do the like by the way of Tomb, and the Deputy himself resolved to assault him by the way of Killetro, and so he marched to Monaghan on the 19th of July, and having settled a Garrison there, and destroyed the Country, and placed Connor roe Macguire on the borders of Fermannah, he came to the Newry. About the 10th of August, Sir Arthur Chichester from Masserine, and Sir Henry Danvers from the Newry, had orders to march and besiege the strong Fort of Enislaghlin, wherein most of Tyrone's Plate and choice Goods were deposited, and accordingly they did attack that Fort, and had it surrendered to them in a day or two, and on the 19th of August the Garrison were brought Prisoners to the Newry. On the 20th of August the Lord-Deputy took the Field, and encamped between Newry and Armagh, and understanding that Tyrone was in Fermanagh, he marched over the Bridge near Fort-Mountjoy, and placed a Ward near Dunganon, and and stayed five days near Talloghoge, and broke the Chair of Stone wherein the Oneals used to be inaugurated, and destroyed the Country. Here Sir Henry Dockwra, with some Horse, came to the Deputy, and brought O Cane, who had lately submitted. And about the same time, Macguire also submitted, and promised to repair Eniskilling at his own charge; and the Earl of Tyrone, with about 600 Foot and 60 Horse, were retired into an inaccessible Fastness, at the end of Logherne. But there being a Rumour that the Spaniards were again landed in Munster, Sir Henry Dockwra was posted at Agher, and Sir Arthur Chichester at Fort Montjoy; and the Lord Deputy on the 11th of September returned to Newry, and soon after to Dublin; and in November, Rory O Donell and most of the O Relies submitted unto him; Morison. 249. and on the 12th of November the Earl of Tyrone sent him an absolute Submission very handsomely worded, and yet at the same time he wrote to O Connor Sligo not to make a separate Peace, but that they should stand or fall together. In the mean time Sir Oliver Lambert had driven the Burks and their Mac William out of the County of Mayo, and on the 18th of November the Deputy began his Journey to Connaugh, and on the second of December he came to Athloan, and on the 14th of December, O Connor Sligo and Rory O Donell came thither and made their Submission to him; and although O Connor did act his part well, and alleged many plausible excuses, yet O Donell not only outdid him, but also exceeded all others that had submitted to that day; for he was very frank and generous in his Deportment, and submitted without Capitulation or Condition; which was the more regarded, because he was a man of Parts and Courage, but the difficulty was how to compromise the matter between him and Sir Neal Garve, who was no better than an insatiable unruly Beast. The Deputy kept Christmas at Galway, and there received into favour the Flahertyes, Mac Dermonds, O Connor roe, and others; so that only the sickle and treacherous O Rourk (notwithstanding his Letters to the Deputy that he would submit) and Tyrones Macguire, and Tyrrell, persisted in this Rebellion with the Earl of Tyrone. The Deputy ordered that the Fort of Gallaway should be finished, and appointed three several (small) Armies to attack O Rourk; but because it may seem that these people could never relapse and apostatise (as many of them did) if there had been any obligation laid upon them to be loyal, I thought it not unnecessary to inform the Reader, that every man that submitted, took the following Oath. First, Morison 251: I Do acknowledge Elizabeth, by the Grace of God, Queen of England, France, and Ireland, to be the only true Absolute and Sovereign Lady of this Realm of Ireland, and of every part, and of all the People thereof; unto whose gracious mercy I do humbly submit my Land and Goods, and with all faithful Repentance for my unnatural Disobedience unto her Royal Majesty; do most earnestly implore her Mercy and Pardon for myself, and such of my Followers as with me have been seduced to this wicked Rebellion. Further, I do renounce all and any manner of Obedience unto any other Power or Potentate, which I own only to my dread Sovereign Elizabeth, and utterly abjure any dependency and adherence to any of her Enemies whatsoever, or disloyal Subjects; and do promise, swear, and vow, from henceforth to live in her Subjection in all Duty and Obedience, and to use my best endeavours, to the utmost of my power, to withstand and confound any Enemy, either foreign or domestic, that shall attempt any thing against the Sacred Person or Estate of her Majesty, or to the hurt of her faithful and obedient Subjects. And especially; and namely, I do renounce (as before) and promise my endeavours (as aforesaid) against the King of Spain, and the Arch-traitor the Earl of Tyrone. About the latter end of January the Lord Deputy returned to Dublin, having engaged Rory O Donell to prosecute O Rourk, and in the beginning of March some Forces were sent to help Sir Arthur Chichester to expel Brian mac Art (who had secretly entered Killultagh with 500 men) and they performed that Service effectually, Morisin 271. and brought the Rebels to so low a condition, that they saw three Children eating the Entrails of their dead Mother, upon whose Flesh they had fed twenty days, and roasted it by a slow Fire; and it was manifest that some older people had been in that starving condition, that they murdered and eat Children for a long time together, and were at last discovered and executed for that Barbarity. In short, the Famine of Jerusalem did not exceed that amongst the Rebels of Ireland, and therefore it is no wonder that on the 30th of March 1602. Cambd. Eliz. 658. the Earl of Tyrone (not knowing the Queen's death) did at Melifont, in most humble manner and upon his knees, make his submission to the Deputy, tho' at the same time Sir Neal Garve (being discontented) did with Mac Swiny concert the measures of a new Rebellion, and took upon him the name of O Donell, and made the people swear Fealty to him. In Munster the Irish (by the contrivance of O Sullevan Bear) had surprised the Castle of Dunboy, and taken it from the Spaniards in February; whereat Don John was exceedingly troubled, and offered to go in person to recover the Castle that it might be surrendered according to Capitulations; 1601. but the Deputy and Precedent (who were willing to be rid of him) excused him for that, and told him, They would take care to reduce the Irish to their Duty: and so Don John and his Spaniards embarked for Spain on the 8th (although they did not set sail till the 16th) of March. In the mean time O Sullevan was busy fortifying Dunboy, and had hired Tirrell, William Burk, and others, with 1000 〈◊〉 for his defence; and the Precedent was not idle, but on the 9th of March sent the Earl of Twomond with 1200 Foot and 10 Horse into Carbery and Bantry, to destroy those Countries, and to view Dunboy, that he might be the better able to provide for its Reduction; but the Earl could march no farther than Bantry, where he left five Companies in Garrison, and returned to Cork. On the 23th of April the Precedent marched from Cork to Awnebuy, 1602. and on the 24th came to Tymoleague, the 25th to Ross, the 26th to Castlehaven, the 27th to Baltimore, the 29th to Kilcoe, and the 30th to Castle-Carew alias Dowminark. On the first of May Capt. Taaf took a Prey of 300 Cows and many Sheep; and on the second Capt. John Barry brought in another Prey of 500 Cows, 300 Sheep, and 300 Garrans; and on the 8th 300 men were in the night sent to Artully to meet Sir Charles Wilmott's Forces, and to conduct them to the Camp; which was effected to the great grief of the Rebels, and a Prey of 4000 Cows was taken in Iveragh. This Sir Charles Wilmot had done great Services in Kerry, where he took the Castles of Lixnaw, Ballyhow, Castle-Gregory, and Ra●ane, and defeated the Knight of Kerry, and forced him and Damell mac Carty to submit. But the Lord Precedent having ordered the Irish Subjects to send their Cattle to the Eastward of Cork, lest the Rebels might seize on them whilst the Precedent was at the Siege of Dunboy; Mac Carty Reagh thought himself not obliged by that Order, because his Cattle were safe between Killbritton and the Fort of Kingsale: and it happened well; for thereby Dermond Moyle (Brother of Florence mac Carty) a stout Rebel, thinking to borrow some Cows of his Cousin Mac Carty Reagh, was by inadvertency slain by those that endeavoured to rescue the Cattle, to the great grief and astonishment of all the Papists, who valued him as a mighty Pillar of the Catholic Cause. On the 4th of June the Royalists took the Castle of Dunmanus, and on the 5th there came a Spanish Ship to Ardea in Desmond, and brought some Ammunition and Money, which was distributed amongst the Rebels; and on the 6th the Precedent wafted his Army over to Beerhaven, and defeated a Party of the Rebels; and on the 12th the English took the Island of Dursyes; and on the 18th the Precedent took the strong Castle of Dunboy by Assault, after the most obstinate and valiant defence that had ever been known in Ireland, and not one of the Garrison (being 143 select men) escaped, but were either slain or executed; and the desperate Courage of Macgoghegan was remarkable, for being shrewdly wounded in several places, so that he could not stir, yet when he saw the Castle was taken, and the English come in, he got a light Candle, and raising himself from the ground in a staggering manner, he endeavoured to cast it into a Barrel of Powder, to blow up him and the English together. The Castles of Dunboy and Littertingles being taken and demolished, and the Castles of downing's and Lemcon being likewise taken, the Lord Precedent returned to Cork on the 29th of June, and sent part of his Forces to the Lord-Deputy, by Sir Samuel Bagnall; nevertheless by reason of the arrival of Owen mac Egan with Treasure and large Promises from Spain, the Irish were for a while more sturdy after the Siege of Dunboy, than they were before. And although Sir Edward Wingfield arrived in Munster with 1000 men for Recruits, yet were the Irish so cajoled with Spanish Promises, and a little Gold, that many of them relapsed into Rebellion, and particularly Donough and Finin, Sons of Sir Owen Mac Carty Reagh, received 300 l. of the Apostolical Vicar Mac Egan, and upon the 10th of July joined with the Rebels; but Captain Roger Harvy so managed them, that he left them never a Castle in Carbery, except Kilcoe and Cloghane. But whatsoever the Spaniard designed in favour of the Irish was superseded on the News of the loss of Dunboy, so that the Rebels were left to themselves, and 2000 Men more were sent out of England to Munster to prosecute them effectually; nevertheless they continued in hopes of Spanish assistance, and could not conceal their Joy on the approach of a Fleet of Easterlings, which they verily believed to be Spaniards. The Precedent had good Information upon Oath, that Cormock mac Dermond, Lord of Muskry had received 800 Ducats of the Spanish Money, and had engaged to declare himself on the Spaniards landing, and to deliver them his strong Castle of Blarny; and therefore he gave Orders to apprehend Cormock, and to seize Blarny; the former was easily effected, but the latter could not be performed, until Cormock being in Prison, and finding his secret Combinations discovered, did consent to consign the Castle of Blarny to Captain Harvy, and Kilcrea to Captain Slingsby; nevertheless he continued in his treasonable Designs, and not only endeavoured his own escape, which at last he effected, but also sent his Servant John Healy, to bring his Son Cormock Oge from Oxford, that so there might be no Pledge of his remaining in the Custody of the English; but Healy was stopped, and his Letters had been intercepted, if he had not cunningly thrown them overboard. Sir Charles Wilmot lay before Macrome (or Mocrumpe) when on the the 29th of September, the Lord (or Chief) of Muskry made his escape, and thereupon the Precedent sent him Orders to raise the Siege the next day; which he must have done, but that it so happened that the Castle took fire that very Night, and the Warders thought it their best course to sally out, which they did, and fifty of them were slain, and the rest escaped to the adjacent Woods, and so Wilmot 〈◊〉 a Garrison in Macrome, and returned to Cork. But whilst the Precedent was preparing for a new War, which he expected would be the consequence of Cormock's escape, Cormock (having consulted Tyrrel, and O Sullevan, and found their weakness and poverty, and well weighing his own circumstances) made humble Suit to the Precedent for his Pardon, and it was granted to him upon good reasons of State, so that he made his submission in a very penitent manner, on the 21st of October. And the next day Sir Samuel Bagnall surprised Tyrrell's Army in Muskry, and killed 80 upon the place, and took all their Baggage and Money, and above 1000 Cows, besides Horses and Sheep, whereupon Tyrrel suspecting this was done by contrivance of the Lord of Muskry, wrecked his Malice upon that Country and the Inhabitants thereof, and then retreated to his old lurking holes in Desmond. In the mean time Carbery was quite wasted by the English Garrisons, and Cloghan Castle was taken by Captain Flower, and the Militia, or rising out of the Country to the number of 1600 was assembled under the Lord Barry, and (being joined by 500 of the Army under Sir George Thornton) they rendezvouzed at Dunkerran on the 27th of December, whilst the Precedent went to Galloway to meet the Lord-Deputy. In the mean time Sir Charles Wilmot in Kerry had reduced the Knight of Kerry, and forced Thomas Oge, and Daniel O Sullevan to submission; but this latter afterwards, within a very few days, most perfidiously butchered a Sergeant, and ten English Soldiers, who (not suspecting any prejudice from one that had submitted) were marching after Sir Charles Wilmot, towards Dunkeran; at which barbarity the old O Sullevan more was exceedingly troubled. The English Forces being at Dunkerran, Tyrrel could not be persuaded to stay in the Province, although he had received a great impressed of Spanish Money but a little before from O Sullevan Bear, and was promised fifteen hundred pound to stay but three Months longer; but leaving his Carriages, sick Men, and other encumbrances behind, he marched so fast that he hardly looked back till he came into O Carrol's Country, (or the King's County) which is above threescore Miles from Slevelogher. On the 31st of October, the English took a Prey of 2000 Sheep, and 1000 Garrons, from O Sullevan and the Irish, who fought very smartly for their cattle, so that many were slain on either side; but this loss was too great to be born, and therefore it produced the submissions of Hugh mac Swiny, Owen Grany, and many others, and necessitated William Burk with his Bownaghts, to follow his Brother Tyrrel into O Carol's Country, and O Sullevan himself, and O Connor Kerry, were glad to accompany them thither; but these Fugitives did not pass so luckily and scotfree as Tyrrel did, for Teige Mac Owen Carty on the skirts of Muskny, and John Barry near Liscarrol, gave them severe rebukes, and the Sheriff of Typerary fell smartly upon their rear, whilst the rest were passing the Shennin in their Nevoges, and even in the County of Galway Sir Thomas Burk and Captain Malby gave them disturbance, but their despair made them victorious in that encounter, and they bravely forced their way with the slaughter of Malby and many of his Soldiers, and got safely into O Bowrk's Country. On the fifth of January, Captain Taffe had the good fortune to kill the valiant Apostolic Vicar, Owen mac Egan, and 140 of his followers, near the River of Bandon, which was followed by the submission of all the Rebels in Carbry, and it is observed of this zealous Vicar, that he never pardoned any Irishman, (tho' a Papist) that served the Queen, but would as soon as they came before him, have them confessed, absolved and executed. These good Successes were followed by the defeat and ruin of the Lord of Lixnaw, whose party was totally routed by Captain Boys, and all his substance taken, and 80 of his Men killed, as also by the taking of the strong Castles of Kilcoe and Berengary; and so all Munster being reduced to obedience, the Lord Precedent prepared for his Voyage to England, and left Sir Charles Wilmot, and Sir George Thornton, joint Governors of that Province. And thus ended this mighty Rebellion, which from a small beginning, grew to be the most general and dangerous defection that ever was in Ireland to that time, which could never have happened, but for the gripple-handedness (as Cambden phrases it) and slighting of England; nor was this the first time that the Queen had been a Penny wise, and a Pound otherwise, in managing the Affairs of Ireland, and had paid dear for her frugality, as she did in this War, which might have been prevented at first with the twentieth part of what it cost afterward; for the Charge of this one Year, from the first of April 1601, to the first of April 1602, amounted to no less than 322502 l. 1 s. 0d. The Rebels in the course of this War, were exceedingly troubled, that some of the Papists continued Loyal to the Queen, and they bitterly exclaimed against the Popish Priests of English extraction, that justified the Opinion they might lawfully do so, and to convince them of their error, the Rebels did not only procure a Bull from Pope Clement the Eighth, dated the 8th of April, 1600. giving such plenary remission of sins to those that fight against the Heretics in Ireland, as to those that fight against the Turks; and his Holines' Letter of the 20th of January, 1601. directed to Tyrone, to animate him and his followers to persevere in their Rebellion, but also procured the Censures of the Universities of Salamanca and Valladolid, that it was mortal sin for a Papist to fight against Prince O Neal, the Champion of the Church, who militates for the Catholic Faith, and that they cannot be forgiven, till they desert the Heretics Service, and Mr. Sullevan thinks he has nicked it, when he calls the contrary Opinion Insanam & vene nosam doctrinam. It seems that the Earl of Twomond (remembering the severe Government of Fitton, Precedent of Connaugh) whilst he was in England, made his humble Suit to the Queen, that the County of Clare might be re-annexed to Munster, whereof it was formerly a part, whereupon the Queen the 29th of July, 1602. wrote to the Lord Deputy and Council on that Subject, and on the 4th of October, she wrote positively to renew the Earl's Commission to use Martial Law in that County, and to put him into all Commissions of Oyer and Terminor, Goal-delivery, etc. next to the Precedent and Chief Justice, and to continue his Band of 200 Men, and his Entertainment of 10 s. a Day, and to reunite Twomond to Munster, unless they found great reason to the contrary; they debated the matter, and 'twas alleged for the reunion. 1. The Name Thomond, i. e. North Munster, which proves it was originally part of Munster, and so has continued 1300 Years. 2. It was inhabited by Munster-men, the O Bryan's being settled on both sides the River Shenin; their Language and Pronunciation is the same, and since there is an Alliance between them, they ought not to be separated. 3. Twomond was formerly part of the County of Lymerick, and the Inhabitants have been often tried for Life and Estate by Judges and Commissioners at Lymerick, but of late, the County being too large, part of it was made a separate County, by name of the County of Clare, but nevertheless was subject to the Governors of Munster. 4. It was first united to Connaugh, at the importunity of Fit●on, because Roscomon, Sligo, and Mayo, were not amesnable to Law, this brought great inconveniency to Thomond, till it was reunited▪ and Sir Nicholas Malby procured it again to be separated, and so it continued till the Earl got the Martial Government of it, and his Company is of the List of Munster. 6. It is necessary the Precedent of Munster, who governs Lymerick, should have command on both sides the River Shenin, to prevent the design of foreign Enemies. 7. Part of Twomond is within the Liberties of Lymerick, and must not the dispunishable till remedy can be had from Conaugh 8. Lymerick is the Sanctuary and Bulwark of Twomond, and the fittest place to keep it in order, and therefore the Citizens have purchased good Estates in Twomond, and it would be very inconvenient to have them and their Estates under several Governments. 9 Twomond is in the Province of Cashel, the Archbishopric of Munster; and these Reasons prevailing, the County of Clare was again made part of Munster. But my Friends at Ballyvorny would never forgive me, if I should omit the Indulgence granted by Pope Clement the Eighth, to such as in devotion go unto Gobonet's-Church in Muskry in the County of Cork, which follows in these words: UNiversis Christi fidelibus praesentes literas inspecturis salutem & Apostolicam benedictionem, Lib. N. N. N. 77. ad augendum fidelium Religionem & animarum salutem coelestibus ecclesiae thesauris pia charitate intenti, Omnibus utriusque sextus Christi fidelibus vere penitentibus & confessis ac sacra communione reflectis qui ecclesiam parochialem Sanctae Gobonetae loci Ballyvorni Clunensi dioc' die Festo ejusdem Sanctae Gobonevae à primis vesperis usque ad Occasum solis praedicti festi singulis annis devote visitaverint, & ibi pro Christianorum principum concordia, Heresum extirpatione ac Sanctae Matris ecclesiae exaltatione pias ad deum preces effuderint, decem annos & totidem quadragenas de injunctis eis seu alias quomodolibet debitis paenitentiis in forma ecclesiae consueta relaxamus, Praesentibus ad decimum duntaxat valituris, volumus autem quod si alias C●risti fidelibus dictam ecclesiam visitantibus aliam indulgentiam perpetuo, vel ad certum tempus nondum elapsum duraturam concesserimus presentes nullae sint. Dat. Rom. apud St. Marcum sub anulo piscatoris die 12 Julii 1601. & Pontificat. nostri Anno decimo. And so I conclude this First Part of the History of Ireland, with the Death of the most renowned and victorious Queen Elizabeth, which happened at Richmond on the 24th day of March, 1602. in the Seventieth Year of her Age, and the Five and fortieth Year of her happy Reign. FINIS. An Explanatory INDEX OF SOME Quotations and Terms Necessary for the Understanding this and other Histories of Ireland. A. A Trium dei. Athird or Ardee in Com' Louth. Alla, Barony of Duhallow in Com' Cork. Auriterra, the Barony of Orry in Com' Armagh. Alladensis episcopus, Bishop of Killalla. Arachta. Fraghty, O Cahan ' s Estate in Com' Londonderry. Aurilia. Vriel or Monaghan, and part of the County of Cavan. Arachta O Connor. Iraghticonnor in Kerry. Armachanus, Archbish. of Armagh. Atharla. Harlow- Wood Agerlentis. Gortnapishy. Aunliffy. Liffy the River of Dublin. B. Bea insula, the Dursyes in Com' Cork. Bettagh or Buddagh, a Clown or Villain. Berva, the River Barrow. Ballybetagh contains 16 Ballyboes. Ballybo contains 16 acres, and in some places 60, 100, and 120. Bonagium, Bonnaught, and is either Bonnaughtbeg, viz. a certain proportion of Meat, Drink, and Money, for the maintenance of the Soldier; or Bonnaught burr, is free quarter at discretion, or rather this is free quarter in specie, and the other is a comutation for it in money. baly similida. Trimletstown. Banacha, the Territory of Mac Swiny bane in Com' Donegall. Brethina. Brenny in Com' Leitrim. Bentragia. Bantry in Com' Cork. C. Cronoge, is sevenscore Sheaves of Corn. Clyn's Annals, a Manuscript written by Friar John Clin of Kilkenny in the time of Edward III. Corb●. Chorepiscopus is a sort of a Lay-coadjutor to the Bishop, or one that takes care of the Temporalities of the See. Clera. Cape Clear, an Island in Com' Cork. Cartron contains 60 acres. Cothlia. Colly, O Driscoll's Territory in Com' Cork. Clenglasia. Clenlis, a Territory in Com' Limerick. Cella Canici. Kilkenny. Coin & Livery, is free quarter for Horse and Man, and Money besides. Cheifry, is a Rent in half-faced Money, which was better than Sterling (rather worse than Sterling) by a third part. Cuddy or Quid-●hy, is a Supper or Entertainment for a Night, or an equivalent for it in Honey, Aquavitae, or Money. Coshering, is living upon the Party, or quartering with him for a time. Cess, is Horse-meat and Mans-meat at the King's price. Cutting, is a Tax on extraordinary occasion, vide verbum South. Campion, a History of Ireland written anno 1571. by Edmund Campion the famous Jesuit: he counterfeited himself a Protestant, and was a Deacon in the Church of England, and Fellow of St. John's College in Oxford. D. Dondygon, a River South of Dundalk. Damliaga. Duleck. Danguina. Dingle-i-cush in Kerry. Dowgello, or black Rent, is a Contribution towards the keeping of Dogs and Huntsmen. Duacensis Episcopus, Bishop of Kilmacough. Dunensis Episcopus, Bishop of Downe. Derensis Episcopus, Bishop of Londonderry. Darensis Episcopus, Bishop of Kildare. Dalra. Delvin in Westmeath. E. Ergalia, is the County of Monaghan. Eyrus, the River Nore that runs by Kilkenny. Elia Carolina. Ely O Caroll, or O Caroll's Country, being the West part of the King's County. F. Fardarough. Ma●●ew, Fercallia. O M●lloy ' s Country. Fuida insula. Whiddy- Island in Com' Cork. Feurus la●us. L●ghf●yle near Londond●r●y. Fanida, the Territory of Mac Swiny Fanagh in Donegall. Fenaborensis Episcopus, Bishop of Kilfenora. Baron Finglas. a Manuscript of the Decay of Ireland, wrote 1535. by Patrick Finglas, one of the Barons of the Exchequer. G. Gort, a Field of about 6 acres more or less. Gallown of Land, is 25 acres. Goron. Jeofry. Gillycree, a Stud-keeper. Gillycon, a Dog-keeper or Huntsman. Gormleghan, Barony of Barimore in Com' Cork. Glinns, a Territory in the County of Antrim. Galvia. galway. H. Herenache, is a sort of an Archdeacon or Oeconomus. Holingsh. Ralph Holingshead's Chronicle, wrote about the year 1575. Hooker. a Supplement to the Irish History, wrote anno 1586. by Johu Hooker alias Vowel, and bound up with Holingshead. Hanmer. Dr. Hanmers Chronicle of Ireland, preserved by Bishop Usher: it was wrote anno 1604. I. Iveleghan, the Barony of Barrymore in Com' Cork. Imanya. O Kellyes Territory in the Counties of Galway and Roscomon, perhaps the Barony of boil. Inisonia. Inisowen, the Island wherein Londonderry is situate. Ibacha. Evagh, Mac genis his Territory in Com' Down. Imelacencis Episcopus, Bishop of Emly. K. Kenlisa. Kenanisa. Kells in Com' Meath. Kilmuchaloga. Kilmallock in Com' Limrick. Kernety, is a Tax of 3 s. 4 d. or 4s. per Plow-land to maintain the Lords Kern, called Kern-tee. L. Lovidia. Louth. Logh tee. Demeasn or Mensal Lands, for House-keeping. Lucus. Derry. Leffria. Liffer. Laonia. Killaloo in Com' Clare. Laonenis Episcopus. Bishop of Killaloo. Lib. A. Lib. B. etc. are Manuscripts in the Library of Lambeth, to the number of fifty or more, marked Alphabetically. M. Mart, a yearly Rent in Beef. Menapia. Waterford. Musterown, a Charge of Money and Victuals for Workmen that build for the Lord of the Soil. Midensis Episcopus. Bishop of Meath. N. Nevoge, a Boat or Cot covered with Hides. O. Ochella. Yonghal. Oriria Barria. Orrery, formerly belonging to the Barries. Onachta. Owny O Donough. Ogigia, the History of Ireland, written in Latin by Mr. Flagherty. P. Pontana. Drogheda. Pottle of Land, is twelve Acres. Polle of Land, is fifty Acres. Portucastellum. Castlehaven in Com' Cork. The Pale. That part of Ireland near Dublin, which was answerable to Law, and where the King's Writ was obeyed; it once extended from Dundalk to Carlow and Kilkenny, but was much straightened in Queen Elizabeth's time, but now is quite abolished, because the whole Kingdom is reduced. Polychronicon, a fabulous History, written by Ranulphus Higgeden. Propect, a History of Ireland, by Peter Walsh. Q. Quirren of Butter, a Pottle, or four pound, price 4 d. R. Roseglass. Monasterevan. Routs, a Territory in the County of Antrim. Rapotensis Episcopus, the Bishop of Rapho. Refection, is a privilege the Lord has of claiming Entertainment for one Meal, and no more. Raporees, the Rabble of the Irish, who are armed with a Half-pike, which they call a Rapery, and have plundered the English in all parts of the Kingdom. Regan, a Manuscript by Maurice Regan, Servant to Dermond mac Morough, wrote about the Year 1175. Rupesfergusia. Carrigfergus. S. Securigeri, or Scotici. Gallow-glasses, Irish Foot-Soldiers, armed with a Battle-Axe. Surius, the River Sure. Silanchia, the Barony of Longford in the County of Galway. Srone of Oatmeal, is three Pottles, price 4 d. Shraugh, a yearly Rent in Money. Soroheen, a charge for Gallowglasses, number and time certain, viz. Meat and Drink one day in a Fortnight. Soroheen more, was an equivalent for the other in Quirrens of Butter, and Srones of Oatmeal. South, alias Tax or Tallage, is a Contribution towards the payment of the Lords Debts, or any other extraordinary occasion, vide Cuttings. Stanihurst, a Treatise in Latin of the Conquest of Ireland, by Richard Stanihurst. Sullevan, the Catholic History of Ireland, written in Latin anno 1621. by Philip O Sullevan. Siurirupes. Carig ni sure, alias Carrick in Com' Typerany. T. Termon-lands, are Lands belonging to the Church, and were privileged from Taxes; and it seems the Termon was the Clergyman's Tenant or Servant. Turbarii. Kerns, Irish Foot-soldiers lightly armed. Tagh of Land, is 60 acres. Tuethia, the Territory of Mac Swiny na do in Com' Donegall. Tirconell, the County of Donegall. Tybrach, a Castle within two miles of Carrig, and not Typerary, as is by mistake supposed, pag▪ 40. Trowses, are Breeches and Stockings made to sit as close to the Body as can be. Tate, is sixty Irish acres. V Vriell, is the County of Louth. Vallis Juncosa. Slevelogher, the Mountain between the Counties of Cork and Kerry. W. Ware, Sir James Ware's Annals of Ireland. Ware de Presul, the same de praesulibus Hiberniae. Ware de Antiq. the same de Antiquitatibus Hiberniae. ERRATA. APparatus, pag. 1. read 150 of the same miles broad. p. 26. read Squaleing Engine. Pag. 9 line 16. read irrita. p. 11. l. 24. r. Birne. p. 13. l. 11. r. next day. p. 18. l. 41. r. inheritance. p. 20. l. 28. r. Army was▪ p. 23. l. 7. r. Tuam. p. 27. l. 35. r. extirpate. p. 37. l. ult. r. and he without delay▪ p. 44. l. 33. r. extraordinary. p. 52. l. 44. r. Combatants. & l. 46. r. Nor the strong. p. 57 l. 2. r. beholding to Ireland. p. 63. l. 3. r. fideli. p. 69. l. 38. r. Carbry. p. 73. l. 46. r. and tho' the Britton had. p. 109 l. 23. r. by methods. p. 111. l. 20. r. Lucy. p. 117. l. 7. r. and the King by his Patent. p. 121. l. 17. r. Custodium. p. 129. l. 5. r. and wounded the Earl. p. 153. l. 34. r. Athy. p. 157. l. 34. r. Heir Male. p. 183. l. 21. r. Xeesh. p. 190. l. 15. r. from his Journey. p. 200. l. 16. r. in the world. p. 208. l. 16. r. Clogher. p. 211. l. 39 r. blows. p▪ 213. l. 19 r. repostum. & l. 42. r. James. p. 234. l. 8. r. sixteen hundred. p. 260. l. 9 r. quieted. p. 261. l. 1. r. Finin O Driscoll. & l. 37. r. at four p. 271. l 40. r. if they prove. p. 321. l. 43. r. 1565. p. 324. l. 5. r. Alexander Oge. p. 325. l. 3. r. by Affane. p. 329. l. 13. r. offenders in Parliament. p. 367. l. 43. r. Thomas Butler, alias Becket. p. 368. l. 18 r. combat. p. 370. l. 8. r. at wars. p. 399 l. 30 r. aspersions. p. 417. l. 20. r. gap. p. 418. l. 19 r. root. p 420. l 8 r. at lose fight. p. 421. l. 15. r. O Birnes. p 422. l. 9 r. fegary. & l. 31. r. he deposed. p. 425. l. 30 r. Barret. & l. 44. r. hereupon. p. 426. l. 32. r. disowned a Truce. I do hereby Licence a Book written by Mr. Richard Cox (entitled, HIBERNIA ANGLICANA, or, The Second Part of the History of Ireland) to be Printed and Published. Given at the Court at Whitehall the 18th day of February, 1689-90. Shrewsbury. Let this Book, entitled, HIBERNIA ANGLICANA, or, The Second Part of the History of Ireland, be Printed. Nottingham. Febr. 18. 1689-●●. HIBERNIA ANGLICANA: OR, THE SECOND PART OF THE HISTORY OF IRELAND, From the CONQUEST Thereof by the ENGLISH, To this Present Time. By the Author of the First Part. ΕΙΚΩΝ ΒΑΣΙΛΙΚΗ. 61. Indeed that Sea of Blood which hath been cruelly and barbarously shed in Ireland, is enough to drown any Man in eternal both Infamy and Misery, whom God shall find the malicious Author or Instigator of its Effusion. Earl of Clarendon against Cressy, 71. Was not the Rebellion begun and carried on by the King's Roman Catholic Subjects? Was there one Man but Catholics that concurred in it? And did they pretend any other Cause for it but Religion? In the SAVOY: Printed by Edward Jones, for Joseph Watts at the Angel in St. Paul's Churchyard, Matthew Gillyflower in Westminster-hall▪ Charles Harper in Fleetstreet, and Samuel Crouch in Cornhill. MDCXC. TO THE KING'S Most Excellent MAJESTY. GREAT SIR, IT is noted by the Lord Bacon in the Life of the Wise and Victorious Prince, King Henry the Seventh, That it was his Custom to be First or Second in all his Warlike Exploits; and that it was his Saying, when he heard of Rebels, That he desired but to see them. What Your Majesty has lately published to the Two Houses of Parliament, is of the same Spirit and Policy. But This is not the only Parallel between Your Majesty and that Great King; for He also came from Abroad, yet with this Distinction, that His Coming was only to assert his Particular Claim; whereas the Coming of Your Majesty was of Universal Concern, it being to free us all, who were at the Brink of Idolatry and Bondage. To whom then (GREAT SIR) should I Dedicate this Second Part of the History of Ireland, but to Your Majesty, who now Dedicates Yourself to the Redemption of Ireland; and being thus far in Possession of the Subject, I am already preparing to Record all Your Majesty's Glorious Achievements, and am in certain expectation of a greater Theme, than ever that Kingdom could hitherto boast. 'Tis true, Your Majesty hath herein the Power of Two Kings to Oppose; but 'tis no ill Symptom, that by what you have already done, the One of them has been constrained to send his Plate, and the Other his Cannon to the Mint. Nor ought we to think better of Irish Armies or Irish Courage, than is thought by those who judge Both well paid for, when but rewarded with Copper. 'Tis certain, The Bulk of that Nation are already surfeited with the Stratagem of that Imaginary Coin; they feel the Fruits of contending for a French Interest, by the Slaughter, Sickness, and Defolation of the Year past; so that 'tis possible Humane Nature may at length be too hard for the Priest and the Politician too, and that when by Your Majesty's Presence they behold their Ruin at hand, they may give more Exercise to Your Mercy than to Your Sword. It was truly observed by Your Majesty, in Your late Gracious Speech, That in the speedy Recovery of Ireland the Place and Honour of England did consist, and that hereby alone Taxes could cease; So that as Your Majesty is now willing to expose Your Person for those Great Ends, 'tis not to be feared, but the Nation will second Your Majesty with such Royal Supplies, as may make it a short and not a lingering Work; for not only in This, but in many other high Regards, 'tis Expedition alone that can answer the Anxieties which England must be in for Your Majesty's Absence: And seeing Your Majesty will leave behind that Great Pledge, Your Royal Consort and our most Gracious Queen, Your Majesty will not want Your own Anxieties also for a speedy Return. But that it may be with such Laurels, as may bring Terror to France, with Triumph to Your own Kingdoms, and a happy Restitution of Your poor Protestant Subjects of Ireland to their Native Homes, is the most fervent Prayer of, GREAT SIR, Your Majesty's most Dutiful, most Loyal, and most Devoted Subject and Servant, R. COX. TO THE READER. YOU have here a History of great Variety and much Intrigue: It takes in a large Space of Time, of above Fifty Years, and gins at the End of one War, and ends with the Close of another. The long Interval between these Two Periods, being almost Forty years, was spent in a profound Peace, (the short Commotion of O Dogharty only excepted) and in promoting all those Blessings of Plenty and Good Laws which the Industry of the English could accomplish. But the subsequent Part of the Time was, according to Bishop Usher's Prophetical Sermon, Preached Anno 1601. turned into a Scene of Blood, Treachery, and Desolation, which overturned all. The Roots of that so great Cruelty and Universal Defection are already hinted at in the Preface of my Former Part, by those Differences there set forth of Nation, Interest, and Religion. Upon King James his Accession to the Crown, the Irish were surfeited with War, so that all things in that Kingdom had a tendency to Peace. And tho' a Rumour spread abroad, and believed by the Irish, That the King was of their Religion, put some of the principal Towns into a Commotion, yet the Diligence and Expedition of the Lord Deputy did soon appease that Storm, and reduce the Disobedient to their Duty. And tho' the natural Inclination of that King to Peace, was a great Temptation to the Irish to try their Fortune with him in a War, and accordingly the Lords Tyrone and Tyrconell, and Sir Cahir O Dogharty attempted it, yet the Rebels were always baffled in their Undertake, by the Diligence, Wisdom, and Courage of those to whom the King entrusted his Irish Affairs. And indeed both King James the First, and King Charles the First, did take a particular Care to put the Government of Ireland into such Hands as were worthy of it, and underwent the Administration thereof with Advantage to that Kingdom, and Honour to themselves. The First was the Lord Montjoy, whom King James found Deputy, and soon after made Lord Lieutenant. This Lord was thought in England to be a better Courtier than a Soldier; but when he came to Ireland, he proved the best Soldier that Kingdom had seen in many Years: It was he that found out the true Way of making War with the Irish. For being well supplied with Necessaries from England, he plainly saw, that if he could attack them at a time when they wanted all Conveniences to keep the Field, he could meet with very little or no Resistance; and therefore he supplied his Frontier Garrisons with Men and Provisions; and they by their frequent Excursions did such Execution on the Persons and Estates of the Irish, that by One Winter's War he reduced them to the Necessity of eating one another, and forced their Ringleader, the Earl of Tyrone, to submit to his Mercy, and so made an end of that Rebellion. His Successor, or rather Deputy, Sir George Cary, was Treasurer at Wars, and a worthy Gentleman; but nothing of extraordinary moment happened during his Government. The next was Sir Arthur Chichester, afterwards Lord of Belfast; one well experienced in the Affairs of Ireland, whereof he held the Chief Government for Eleven Years. He was a good Soldier, and a true Englishman, and did Three great Things towards a Reformation: The First was, his Management of the most stubborn Parliament that ever was in that Kingdom, which nevertheless he prevailed with to Attaint the Earls of Tyrone and Tyrconell, Sir Cahir O Dogharty, and others, and to make an Act of Recognition, and to give the King a Subsidy: And the Second was, the Plantation of the Forfeited Estates in Ulster, which he very much influenced and promoted: And the Third was, the Reviving and Restoring the Circuits for Judges of Assize in both the Provinces of Conaught and Munster. The Lords Justices, Doctor Jones Archbishop of Dublin and Lord Chancellor, and Sir Richard Wingfield, were Men Famous in their respective Faculties, and are Founders of the Noble Families of the Earl of Ranelagh and Viscount Powerscourt: And Sir John Denham Lord Chief Justice, was not less Renowned than either of Them, by reason of his great Learning in his Profession, to which the Crown owes the first Advancement of that Considerable Branch of the Revenue arising by the Customs in Ireland. The next Lord Deputy was Sir Oliver Saint John, afterwards Viscount Grandison, a Person Nobly descended, and of a generous Temper. He had given great Proof of his Courage and Conduct at the Battle of Kinsale, and was not inferior to any of his Predecessors in a sincere Concern for the Protestant Religion and the Good of the Kingdom; but he happened in an ill time, as did also his Successor the Worthy Lord Falkland, whilst the Spanish Match was in agitation: So that both these brave Men, by the Clamour of the Irish, and the prevailing Power of their Popish Enemies, came away in Disgrace: But their Innocence being afterwards vindicated, as it was, this Affront was in some measure atoned for, by the subsequent Favour of the King. The Lords Justices that received the Sword from the Lord Falkland, were the Viscount Loftus of Ely Lord Chancellor, one of great Parts and Merit, and the Noble Earl of Cork, Lord High Treasurer, who was one of the most extraordinary Persons either That or any other Age hath produced, with respect to the great and just Acquisitions of Estate that he made, and the Public Works that he began and finished, for the advancement of the English Interest and the Protestant Religion in Ireland, as Churches, Almshouses, Free-Schools, Bridges, Castles, and * Lismore, Tallow, Cloghnakilty, Ini●keen, Castletown, Bandon, which last Place cost him 14000 l. Towns● Insomuch that when Cromwell saw these prodigious Improvements, which he little expected to find in Ireland, he declared, That if there had been an Earl of Cork in every Province, it would have been impossible for the Irish to have raised a Rebellion. And whilst he was carrying on these solid Works, he lived in his Family at a Rate of Plenty, that exceeded those who consumed great Estates in the lavish ways of ill-ordered Excess. His † God's Providence is my Inheritance. Motto shows from whence he derived all his Blessings, the greatest of which was the Numerous and Noble * Earl of Burlington and Cork. Viscount Kinalmeky. Earl of Orrery. Viscount Shannon. Robert boil Esq Countess of Barrymore. Lady Digby. Lady Goring. Countess of Kildare. Lady Ranelagh. Lady Loftus. Countess of Warwick. Posterity he had to leave his Estate unto, who enjoyed it until their Interests were buried under the sad Ruins that now cover that poor Country: By some of whom, or some other, proper to preserve the Memory of so worthy and useful a Person, I hope he may be afforded, as he deserved, a History by Himself; and therefore I shall say no more of him here. These Lords Justices surrendered the Swored to● the Earl of Strafford, who being well known to the World to be a Man of whom a Prince might rather be afraid than ashamed, I shall only add this of him, That he very much improved Ireland both in Revenue and Value during his Government, and that he did hearty dedesign the Advancement of the English Interest and Religion in that Kingdom, does sufficiently appear to me, by the Care he took of the Protestant Church, which for the most part he supplied with a Learned, Pious, and Orthodox Clergy, and by the Malice and Hatred the Irish generally ●ore him. As for the Lord Dillon, afterwards Earl of Roscomon, and Sir, Christopher Wandesford, we need say no more, but that they were Loyal Men, true to their King, and ●ust to their Friend the Earl of Strafford, by whose Directions and Sentiments they Governed the Kingdom. The next that had the Title, tho' not the actual Possession of the Government, was the Noble Earl of Leicester; and happy had it been for that Kingdom if he had gone over in time: For altho' the Lord's Justice's Persons and Burlace were very worthy Men, and did not deserve such Reproaches as the Irish aspersed them with; yet the Government is not so strong nor so vigorous in Two Hands▪ as in One; especially unless they can be perfectly of One Mind in every Thing, which these Two were not. And so we are come to the Vespers of a Bloody Scene, being that of a great Rebellion: And as it was Unnatural in many Regards, so particularly in this, That altho' the Queen was a Roman Catholic, and very zealous in Her Way▪ and partially indulgent to all that were of It, the Irish could even then be Disloyal, and afflict Her Indulgent Husband while He was otherwise distressed. But as Her Popery had no manner of Effect, at a Time when there was some Reason or Motive that it might have done Good; so in most other Cases it proved very detrimental; and we● pray leave to trace it to the Original, since it deserves some particular Remark. France was hardly Match enough for Spain, when King James meditated a Spanish Wife for His most excellent Son. And the more formidable this Power then appeared unto Him, the more intent He was on it, being governed by Fear, and too obsequiously humoured therein by His next Governor, the Duke of Buckingham, His Favourite. The First Instance of Spanish Authority in our Court, may be that of Gondamour their Ambassador, who was able to bring Sir Walter Raleigh to the Block. Surely it was a Case of the First Impression, that a Man should suffer for acting by the Commission of his own Prince. But because this was so incongruous and harsh, they rake into an old Fault, which in the Opinion of all Men was extinguished by his new Commission: For who was ever made a General, and entrusted with the Lives of other Men, who was not understood at the same time to be Master of his own? But the Second, and more unfortunate Step, was what we noted in His Treaty and Designation of a Lady of a different Religion for the Prince. He had not done this in His own Case; and there wanted in all Europe an Instance where any Roman Catholic Sovereign admitted of a Protestant for His Consort. In this I reckon the Partition-wall was undermined, and it was a Day of unhappy Counsel to the Prosperity of England. But the Case having been decided by the Father, and the same Favourite succeeding to the Son, 'tis probable the main Question never came so much as in Debate. For King Charles coming then to the Crown, and having resented the ill Treatment he found in Spain, he presently took in with the alternate Power, and Married a Daughter of France. This was a Lady who had Wit and Beauty; and the King being a Man of strict Virtue, proved an indulgent Husband: But He was often troubled with Her busy and intriguing Temper, and the ill Company She brought with Her from France; so that being at length scandalised at their Insolence, and their tampering in Matters of Religion, he dismissed them into their own Country, and War thereupon immediately ensued with the French King. However, thus it came to pass that Popery got Footing in our Court; and tho' it were bounded and chained down by Articles, yet when those who were to obey, thought it Merit to transgress, 'tis possible this Serpent might creep sometimes out of its Circle, and give occasion to Censures that were just. Yet was it a Work of Time, and there needed many other angry Conjunctures in Government, before the Discontented could venture (as afterwards) to asperse and involve the whole Court in the Calumnies of Popery. And as the World hath since had leisure to see why these Outcries were extended, and what Ruins were thereby brought about; so have they been convinced, that most of those who were blasted in that Contagion, have▪ stood firm Pillars of the Church; and, above all, the King Himself, who died an insuperable Martyr for it. However, as to the Queen, whether it were by Fatality, or a mistaken Zeal, surely the Event hath shown, that all Her intermeddling in Affairs did but afflict the Cause of that Pious King. Her restless Mind was like the Worm in the Gourd, which tho' much restrained while He was alive, yet since hath it eaten to the Root, in a fatal perverting of His Offspring, and laying the Foundations of their present Calamity. But my Province being limited to Things of Ireland, I shall only from the Topick which is touched, observe, That the greatest Obstacle and Contradictions that arose in Reclaiming the Irish, and bringing them (or the Forces that fought against them) to His Majesty's Assistance, was by those Two Emissaries that Her Majesty employed, Sir Kenelm Digby in 1644. to Rome, and the Earl of Glamorgan in 1645. into Ireland. For both of these moving in different Measures from the Marquis of Ormond, who was Lord Lieutevant, he was infinitely perplexed thereby in his Treaty with the Irish, they still pressing for more than he had either Instructions or Inclinations to allow them: And when at last he compassed a Treaty with them in 1646. it was presently broken, and shamefully overthrown, as in the following Story will be manifest. The Truth is, they needed but little Countenance of pretended Authority, when the Fundamental Doctrines of their Church, or at least the Documents of their Clergy, led them from the Beginning unto all the preposterous Courses they took: For they were taught, That the Pope was by Divine Right Universal Monarch and Governor of the World, P. W. Remonstrance in Preface 6, 7. and had Independent Sovereign Authority over Kings and Subjects, in Temporal as well as Spiritual Concerns; That he might Deprive and Dethrone Kings, and had Power of both Swords, to which every Soul upon pain of eternal Damnation was bound to give Obedience; That he had power to absolve from all Oaths, and that those who are slain in the Quarrel of the Church against an Excommunicated Prince, die true Martyrs of Christ, and their Souls fly to Heaven immediately. So that it is no wonder, that a People for the most part abounding in Ignorance and Bigotry, tempted by the Hopes of Profit in the Plunders and Success of the War, and stimulated by a National Malice against the British, should be guilty of all that Cruelty and Treachery which they thought Meritorious, and was in their Opinion conducive to their main Design of Extirpating the Protestants. This tedious and bloody War, which was at first begun by the Papists against the Protestants, to support the King's Prerogative, and suppress the Puritans, as they pretended, met with such prodigious Turns and Vicissitudes in the Progress of it, that the most virulent Faction of the Papists joined with the Puritans, and fought for them against the King, and against one another; and all the Parties in the Kingdom, which were * King— Ormond. Parliament— Coo●. Covenanters— Lord of Ardes. Supreme Cowcil— Preston. Nuncio— Owen Roe. Five, did one time or other in the War fight against the Faction it had formerly sided with. But because this War was on the King's part managed by the Marquis (since Duke) of Ormond, first in the Quality of Lieutenant General, and afterwards as Lord Lieutenant, it is necessary, that according to my former Method I give some Account of Him, which perhaps cannot be better done, than from a MS. I accidentally met with▪ wherein there are some short memorable Strokes of Him and his Family, not unfit to be communicated to the Reader; and therefore I have transcribed it as followeth. 1. He was born at Clerkenwell in London, on the Ninteenth of October, 1610. and died at Kingstonhall in Dorsetshire on the 21th of July, 1688. This was the 78th Year of his Age, in which time he had seen Four Kings, and served Three of them for 57 Years with an unshaken Zeal to the Crown. 2. That he had seen Three Generations above him, as ma●●ely, his Father Thomas Viscount Thurles, his Grandfather Walter Earl of Ormond, and his great great Uncle Thomas Earl of Ormond▪ who being a Black Man, was commonly called by the Irish, Thomas Duff. This Thomas, who was also Earl of Ossory, was a Man of high Courage and Endowments, and much favoured by Queen Elizabeth, as being also Kinsman to her Mother. He was Knight of the Garter, Lord Treasurer of Ireland, and General of the Army there. He lived to the Age of Eighty seven Years, and in the Reigns of Five Kings and Queens, and died in 1614 So also had his Grace seen Three Generations below him, as namely, his Son Thomas, the Renowned Earl of Ossory; his Grandson James, the present Duke; and his great Grandson Thomas, who was playing in the Room before him but a few Hours before his Death. 3. That he had for some Years sat with Two of his Sons, the said Thomas Earl of Ossory, and Richard Earl of Arran, in the House of Peers in England; and his eldest Son was Knight of the Garter at the same time with Himself 4. That if the Siding and Partaking with the House of Lancaster in the Ancient Quarrels with the House of York (which divided, and at one time or other involved the whole Nation) may pass for nothing, it will not appear in all the Records, that any Staln of Disloyalty was ever imputed to any that were the Chief Branch of this Family for Five hundred Years. 5. That his Grace (not to count what Titles they had before) was the Twelfth Earl of Ormond, and the Seventh of that Name of James. He who was the Second James, and styled The Noble Earl, as being by his Mother de Bohun Great Grandson to King Edw. I. was thrice Lord Justice of Ireland. And the Fifth James being by Hen. VI made also Earl of Wiltshire, Knight of the Garter, and Lord Treasurer of England, was Five times made Lord Deputy and Lord Lieutenant of Ireland, and had a Patent of it for Twelve Years. His late Grace, the Seventh James, was Lord Lieutenant Four times, which in all took in about Twenty four Years▪ And if we shall reckon how many of this Family, and how often they have been concerned in that Government, it thus appears, That from the 31 Hen. 3. 1247. when Theobald Butler Lord of Carrick was made one of the Lords Justices, to 1 Jac. 2. 1684. that his Grace was dismissed from being Lord Lieutenant, there have in the space of Four hundred thirty seven Years been Ten of this Family who have Seven and twenty times been either Lords Justices, Lords Deputies, or Lords Lieutenants of that Kingdom. These Instances are perhaps sufficient to give the Reader some farther Curiosity to know by what Steps this Great Man grew up into the World, who had a various and difficult Part in those Revolutions that befell Three Kingdom and the Monarches thereof. And inasmuch as they seem to reflect some Light on part of the following Story, I will venture to add what I also found in the same Manuscript, as followeth. That the said Thomas Duff, having no other Issue than his Daughter the Lady Elizabeth, he first married her to his Nephew Theobald Viscount Tullough, who was a Protestant as well as himself. But he soon dying Childless, and the young Widow being made very considerable in her Fortune by the Father's Indulgence, there came Sir Richard Preston a Scotchman, who being much favoured by King James, and fortified by His Credentials, he obtained the Lady, and was made thereupon Lord Dingwell in Scotland, and Earl of Desmond in Ireland. This Earl soon began to stretch and enlarge his Pretensions to the Estate: But Earl Walter the Heir at Law opposed him. King James was pleased to take upon Him the Arbitration between them, but did it with such partiality, as Earl Walter thought, that he chose rather to be thrown into the Fleet as for Contempt, than to submit. There he lay a Prisoner for Eight years together, his whole Estate Sequestered and Extended, his County Palatine of Tipperary, which had been Three or Four hundred years in the Family, seized by Quo Warranto into the King's Hands, and he reduced to a shameful Want. The Duke of Buckingham was active in this Oppression; but the Cry of it grew so loud at last, that the King relented for what he had done. In these Troubles it was that his Grace's Father, Thomas Viscount Thurles, coming over to prosecute in this Contention, was drowned in 1618. upon which his Lady brought her young Son over from Ireland, whither he had been carried at the Age of Three years, and now he was about Nine. She put him to a Private School, under a Roman Catholic; but by Order of King James he was removed to the Archbishop of Canterbury's (Doctor Abbot) and by him he was wholly maintained for Five or Six years, without any Pension from Court, or possibility of Help from home, where all was sequestered and depressed. By him also was he first instructed in the Protestant Religion, and in the Doctrine of the Church of England, unto which he stuck fast to his Death. In 1628. his Grace was at Portsmouth, to take Share in the Expedition then preparing for the Relief of Rochel; but the sudden Death of the Duke of Buckingham put him upon other Measures; for in a while after he married the Lady Elizabeth Preston, which ended and reconciled the long Contentions of the Family. This Lady was by the Marriage aforementioned the only Child of the said Earl of Desmond, who being also lately drowned, she fell in Wardship to King Charles the First, and His Majesty bestowed the Wardship upon the Earl of Holland, then Lord Chamberlain. She was intended for a Nephew of the Duke of Buckingham's, which drew him into that Partiality; and his Grace was in particular forbid by His Majesty to pretend unto His Ward. However, the young Lady saw none in the whole Court, who either for Beauty or for Parts could outshine her Kinsman; And Both being agreed, he was forced to pay down Fifteen thousand Pounds to the said Earl of Holland for her Wardship. These were all the Favours that either he or his Family could then meet with in the Court of England. So hastening with his Lady to Acton near Bristol, and there staying about a Year with his Uncle Sir Robert Poyntz, he went for Ireland at the end of 1630. soon after which (as the Manner there was) he purchased a Troop of Horse in the Standing Army. The Lord Wentworth, afterwards Earl of Strafford, went over Lord Deputy in 1633. In a while after he called a Parliament, which being appointed to meet within the Castle of Dublin, a Proclamation issued, That none of the Members, either Peers or Commons, should enter with their Swords. All obeyed the Order save this young Lord, who told the Black Rod at the Door, He should have no Sword of his, except in his Guts. So being the only Peer who sat that day in defiance of the Proclamation, it fired the Lord Deputy, as not w●nt to be disobeyed. His Grace was called upon in the Evening to answer for it, who thereupon showed His Majesty's Writ calling him to Parliament Cinctus cum gladio; which sort of Answer being not expected, and finding him like to prove an untractable Companion, it was in deliberation that Night, between the Lord Deputy and his Two-Friends, Sir George Ratcliff and Mr. Wandesford, Whether to trample him quite under foot, or to oblige so daring a young Man, who was now also grown very Popular? But Sir George being for the more benign Extreme, he was taken into Favour, caressed; and made one of the Privy Council. No Opportunities were from that time forward omitted to oblige him, or set him forth in a high Character to His Majesty: So that in the Year 1639 the Lord Lieutenant made him Lieutenant General of the Horse in the Army which was then newly raised, but as soon disbanded. Upon the neck of this, the Earl of Strafford fell into those Troubles, which in May, 1640. hurried him to the Scaffold. But the Earl having heard with what vigour his Grace contended to oppose and overthrow these Accusations which came against him from the Parliament of Ireland, as it was the last Request this Earl made to His Majesty, That he would be pleased to bestow his Blue Garter upon his Grace, so in June following his Grace had notice of His Majesty's Gracious Intentions to confer it accordingly. The Earl of Leicester was at this time appointed to be Lord Lieutenant of Ireland, tho' by some Accidents he never went over. It was on the 23d of October, 1641. that the Rebellion broke out, the News whereof being brought to His Majesty, then in Scotland, His Majesty does by Letter to his Grace from Edinborough, of the 31th of the same Month lament that Calamity, and desires and presses his Grace to take on him to be Lieutenant General of the Army. This was in effect by Necessity thrown on him, even before that Command came●; but in May, 1642. it came to him in Form by Commission from the Earl of Leicester, as General. In August after, His Majesty being at Nottingham, where He set up His Standard, sent his Grace a Patent for the Honour of Marquis; and in September following, His Majesty, by the Advice and Consent of the Lords Justices, appointed him to ●old the said Command of Lieutenant General immediately from Himself, by Patent under the Broad Seal. It was by these Steps that his Grace came suddenly to be embarked in a Course of Life to which he was utterly a Stranger. He had not had the Means for Travel, or ever seen War either abroad or at home. He was made a General before he was a Soldier. His very first Essay was to oppose a bloody Rebellion, then newly broke out: And how far he was able by a vigorous Body, and the vivacity of his Parts, and a boundless Zeal for the Crown, to discharge and sustain that Trust; or how he bore up in all those Vicissitudes of Exaltation and Banishment, of Plenty and of Want, of Dignity and Depression, which did in the Course of about Fifty Years after so often befall him, may prove Matter for a larger Place. The last who managed the Sword of State was the Marquis of Clanrickard, who was also an English Peer, and Earl of St. Alban: He was the First Roman Catholic that had been entrusted with the Chief Government since the Reformation. But the Irish were come to that pass, as not to endure a Protestant to be over them; and so this brave Gentleman was deputed by the Marquis of Ormond to take his Place. And tho' his Religion was pleasing to the Irish, yet the King's Authority, wherewith he was clothed, was by no means acceptable to them, that designed to shake off the Yoke of England; and therefore they proved as troublesome and refractory to him, as they had been before to the Lord Lieutenant: So that after Two Years vexatious Agitation amongst them, and after he had in vain tried all ways to support the sinking State, he laid down Arms, and had Liberty to retire into England, where he died. He was a Person of sound Understanding and unblemished Loyalty, and did from the beginning abhor their Courses towards the English: And altho' the Nuncio and the Clergy made frequent Trials to seduce him from his Integrity, yet being evermore fixed in his Principles, he resisted all their Solicitations and Attempts with an unshaken Steadiness. It was pity so true a Nobleman should not fall into better Times, and among a better People; he might then have been as Eminent for doing of Good, as now he appears Valuable in the resisting of Evil. And thus we are come to the End of a War, which as it was rashly and cruelly begun, so was it by the Confederates with such Cowardice and Folly carried on, that excepting One Defeat given to the Scots, they never had Advantage in any One Pitched Battle over the British. And what could be more Tragical and Infamous to them at last, than that they should from the Hands of those they always vilified, be compelled to beg, and glad to accept, the worst of all Terms, namely, Transplantation to such as stayed, and of Banishment and Transportation to the rest? But how surprising are the Revolutions of this World, that from these Ashes, and thus scattered to the Four Winds, there should be a Foundation laid for that Fortune which the wand'ring Irish found, by meeting in Foreign Parts the succeeding King and the Duke of York, and by their Indulgence to be able not only to set up again, but as at this day to expel their Conquerors, and even to menace the Tranquillity of England? The Links of this Mysterious Chain are so wonderful, that I can hardly forbear a short Prospect of them in the Particulars following. As first, to observe, How the Monarch of Three Kingdoms, King Charles the First, sat peaceably here at Home, when Scotland began to Invade him. How a great Number in England siding with the Scots, put His Majesty into some Straits. How the Irish taking advantage hereof, fell to the murdering of His Protestant Subjects in that Kingdom. How his Majesty sent presently His Authority and Commissions to suppress those Rebels, while He at home was by others oppressed, and at last overthrown, and His Children driven into Banishment. How in consequence hereof, the same Usurpers pass into Ireland, and there completing what His said Majesty's Commission could not, they there subdue and drive the Irish into the like Banishment. Here then the Crisis began; That both Prince and Rebel-Subjects being forced to depend on Strangers, and both driven by the same Hand into a State of Common Misery, it was natural enough to forget how Things before had stood between them, and only to look forward, either how to be revenged, or how to subsist. King Charles the Second being (at the Usurper's Instance) expelled also from France, he makes Conditions with Spain, and calls to Him from other Services all His scattered Subjects; and in this, it must be allowed, the Irish made a Considerable Part. But if it be true, that with these New Friends, He then secretly grew reconciled unto their Religion also, 'tis no wonder if they got farther into Favour than what before they had deserved. 'Tis also easy to believe, That as His Majesty's Restauration drew nigh, the Irish obtained from Him all the good Words imaginable; so that when He came into England, He lay under this Contradiction, of having promised to the Protestants of Ireland, whose Commissioners met Him at Breda, the Security of all they had gotten; as to the Irish before, the Re-possession of all they had lost. The English spared not, on their part, to fortify the Promise they had, by a Charge of general Gild on the Irish: And the Irish were as loud in the Justification of their Innocence. So that to reconcile this Perplexity, there was Advantage taken from what Both averred, in persuading the English to restore what might belong to an Innocent, and the Irish to forego their Hopes, if upon Trial they should appear to be Guilty. However, to make this go easier down on either side, there was a Notion set up, and strangely imbibed, of a prodigious Stock of undisposed Acres, which were sufficient to satisfy not only the Disappointments of some, but even the Expectations of all. Upon this an Act is framed by the English; and tho' by the Tenor and Contexture of it, nothing was more improbable than the Qualifications of Innocence, yet by Favour in a Majority of Commissioners sent, and instructed how to execute that Law, the Irish proved fortunate beyond all expectation. The Duke of York was always more open and avowed in his Patronage of them from the beginning; and frequent Essays were made by his Power with the King to advance and distinguish them by Marks of Favour. But the King was so cautious of His own Safety, and He Reigned so long, that the English had time to flourish. For there was an Army kept up of Seven thousand Protestants, and all the Commands and Offices, both Civil and Military, were in the Hands of the English. However, as His Royal Highness drew nigher to the Throne, and as his Influence with the King increased, so began this Flourishing State of the Protestants to be undermined. And no sooner had he gotten the Sceptre, but he began openly to execute, what surely was before intended, and the whole Frame and Contexture of the English Government was subverted and dissolved. However, we live to see, as at this day, how dearly King James hath paid for that Experiment, and for the Hopes He had, and the Attempts he made, of an equal Success in England. And this also is worthy of some Remark, That those very Protestants in the Army of Ireland, who were driven out by His Command, and took Refuge in Holland, should so soon return under the Prince of Orange, (out now Happy King) and assist in driving Him not only out of England, but to take Refuge in Ireland. Where these Wind and Revolutions will end, God Almighty only knows; but since we have so hopeful a Prospect that they may determine to the Honour of His Majesty, to the Advantage of the English Nation, the Restauration of the Irish Protestants, and the Re-establishment of True Religion in that Kingdom, I see no Reason to doubt, but that I may be able to give you a joyful Account of all these Things in my Third Part. AN APPARATUS, OR Introductory Discourse; TOUCHING The Controverted Points in this HISTORY. BECAUSE contrary Interests have perplexed this Affair, and prevailed with a Party sometimes to stifle and sometimes to disguise the Truth, and because the Papists have represented several Parts of this History, not only in another manner, and in a more soft and palliating Style than I have done, but have reported sundry considerable Matters of Fact quite contrary to what I have related; it will be necessary to make a particular Examination of their most material Allegations, and a strict scrutiny into my Assertions, and the Proofs of them, or Reasons for them; and because I would not interrupt the Series of the History with these inquiries, I thought it convenient to insert them here by way of Introduction. But before I descend to particulars, it is necessary to settle this great Preliminary that will run through the whole, and that is, What credit the Irish Roman Catholic Historians deserve in these matters, and certainly it is so very little, that I hope the greatest fault that will be found with this Collection, will be, that I have honoured Mr. Sullevan and others of them, with too large a Confutation; for besides the direct Testimony of Peter Walsh, that these Popish Authors do a P. W. Remonstrance, 583. mingle Truth and Lies indifferently, whoever will take the Pains to read their Books, will find that they understand one another's failings so well, that when they fall out, they do little else but give one another the b Friar Paul King, published, innumera mendacia Beling in pref. mendacia horrenda (ibidem) indigesta mendaciorum moles, Beling 1. Belingus mentitur & quidem splendide says Father Ponce vindiciae Eversae, 175. vel mentitus es vel mendacium protulisti ibid. 12. Similiter, ibid. pag. 4. 17. 28, etc. Lie; in a word, I have not found one of them tolerable or of any credit, except Peter Walsh and Mr. Beling. And do think, that all the rest of them that I have seen, do deserve that Character, which Mr. Beling has given to Friar Paul King, Tanquam capis in cudendis Mendac●●s voluptatem, ut ab eis etiam ubi rem tuam nihil promovent abstinere te●nequeas. Beling 69. viz. That they take so much delight in Lying, that they cannot abstain from it, even where it does them no Servi●e. This being Premised, the first Question will be, whether the Irish or English began the Rebellion; for beside that, the Irish have published b Burlace Epist. 120. abroad, both by word and writing, That the English were the Aggressors, R. S. in his Collection of Murders pag. 1. affirms, that the Murder of Three thousand Irish in the Isle of Magee, was the first Massacre in Ireland on either side. But certainly it is more difficult to believe, that any one could be so shameless to make this Objection, than it is to give it a full and undeniable Answer; for the Slaughter at Magee did not happen until the latter end of November, and in revenge of the many Murders committed by the Irish on the Scots, whom they spared for the first Ten days, whilst in the mean time they murdered the English; and it is notorious to all the World, that the Irish Rebellion broke out the 23d. day of October, and that there were many Murders committed even that very day, and every day after for a long time; all which is testified by a Cloud of Witnesses, and that the Rebellion was contrived c Review 10. Vindicae eversae 2. plotted and begun by the Irish will appear from the Testimony of the Lord Macguire, Macmahon, Tirlogh, Oge O Neal, and Sir John Read in their respective Examinations, and by the Confession of the Earl of Castlehaven, Peter Walsh, the Bishop of Fernes and Father Ponce, which two last do endeavour to justify it, as a Holy and Just War. And that leads me to the Second Question, Sanctum justissimumque decenii b●llum vindiciae eversae 1. viz. Whether it were a Rebellion or not, for there are some that call it, a Holy and Just War, others dwindle it to a Commotion, and P. W. is reprimanded for calling it a Rebellion, As if says the Bishop of Fernes, Belli nostri honestas & justitia summa est ibid. 35. Our taking up Arms for the necessary Defence of Lives and Religion, against the Protestants our Fellow Subjects could be a Rebellion, and in their National Synod or Convocation at Dublin, Bleeding Iphigenia. Anno 1666. the Popish Clergy (tho' pressed to it) refused to beg his Majesty's Pardon for that War, P. W. Remonstrance 666. for they knew not of any Crime they had committed therein. To which I Answer, P. W. Letters pag. 33. I must Confess, (says he) I had not that Brazen brow of Impudence to deny, either the notoriousness of the Fact, or the clearness of the Law in their Case. That the Irish Procurator, P. W. has not only confessed this horrid Rebellion and proved it to be so; but has assured us, that all their public Agents and Commissioners, Sir Robert Talbot, Colonel Moor, the Earl of Clancarty, the Lord Birmingham, Sir Nicholas Plunket, etc. and many Thousands of the Irish Nobility, Gentry and Lay Proprietors, both at Dublin and London in their Petitions, Answers, Certificates, Claims and other Papers, acknowledge this fatal Stain under the very Term and Name of Rebellion. I should not mention the Act of Adventurers, 17 Car. 1. in England, which adjudged this War, not only to be a Rebellion, but also, so general a One, that they thought several Millions of Acres of Land would be (as they were) forfeited thereby; nor the Act of Settlement in Ireland, which styles it, An unnatural Insurrection and Rebellion, but that the former shows the Judgement of the King and Parliament of England in the Point, and this latter Act was exposed to the censure of the Irish Papists, and every word was expunged which they could contradict. But if the Murder of the King's Subjects in a Hostile manner; the declaring against his Religion, the Ejection of his Clergy, the seizing of his Forts and Castles, the besieging of his Towns, the fight of Battles with his Armies, the Usurpation of all his Prerogatives; the seizing of his Revenues, and the Presumption to Act as a Separate State be not a Rebellion, it is very difficult to define what is. But they Reply, The Third Question. That if it be a Rebellion, and not simply justifiable, yet it ought to be excused, because the Motives to it, and the Causes of it were so pressing, as that they were not to be resisted by sensible Men, for they were afraid the Monarchy was to be suppressed, and consequently they, Being the a Catholicos ceteris omnibus fideliores, Stirpitus devellendos vindiciae Catholicorum 4. Loyalest Subjects to be extirpated by the Puritans; and they say, they intercepted Letters importing, that they must abjure their Religion, or be sent to Ameria; and they suffered a Thousand Grievances upon Account of b In odium tam Nationis quam Religionis ibidem. Nation and Religion, and therefore the Congregation of the Clergy in May, 1643. declared their Insurrection just. To this I Answer, That they thought, and will ever think the English Government a Yoke of Slavery, and they had no other cause to Rebel, but to shake that off; and so Mr. Bealing one of the greatest and wisest of them ingeniously Confesses, Vindiciae Catholicorum 2. Grave jugum sub quo à centum & quod excurrit annis tota Natio ingemiscit excutere Statuunt. They that speak plain Truth in their Books Printed beyond Sea, acknowledge that it was for the Liberty of their Religion, Bellum fuit pro Religione susceptum, says the Bishop of Fernes in his Epistle to the Archbishop of Paris p. 37. Pro defension & Restitutione Religionis, Iblid. 5, 6. says Friar Paul King, and yet Mr. Beling Confesses, that even the Regulars, In omnibus fere Regni locis, Libere, quiet & pacifice possidebant mansionibus. They really had less cause to Rebel in 1641, than at any time before, they never had greater indulgence than at that time; and several new Graces and Favours were but the August before condescended unto them: As for the intercepted Letters, they could never show any that were Authentic, nor indeed any at all, and if the Forgery of a Lie, or the intercepting of a Letter, perhaps written for that purpose by one of themselves, is in their Opinion a sufficient excuse for so general, and so inhuman a Rebellion; how much does it import the Government to take care that they shall never be able to Rebel any more. But could they really be afraid that it was a Puritanical War, when they saw it managed by the Marquis of Ormond from the very beginning, or if their Jealousy of the Puritans was Earlier, and the Motive to their Insurrection, why then, did they fall upon the Bishops and their Clergy, and Murder the conformable Protestants. And as for their Extirpation, it was far from being designed, or any thing like it in his Majesty's Reign, and in Truth is so contrary to the Nature of an English Man, that we find, that when the Parliament had subdued them, and brought the whole Irish Nation under their Power, and tho' they were provoked by this barbarous Rebellion, and a Ten years' War, yet they did not extirpate them, nor indeed lessen their number to that degree that in Prudence they ought to have done for the security of the English, and to prevent their Expulsion out of that Kingdom a second time. But it is necessary to observe, that most of the things they offer to justify or excuse this premeditated Rebellion, were ex post facto, and happened after the Rebellion broke out; to which; they had no regard in their first Conspiracy, which the Earl of Castlehaven assures us, Review 22. was laid partly at home and partly abroad, several years before the Troubles either of England or Scotland began. The next Objection is, The Fourth Question. That there were great Cruelties, and many Murders committed on both sides, and that some English gave Orders not to spare Man, Review 29. Woman nor Child in the Enemy's Quarters, and that the Irish desired the Murderers on both sides might be punished; and they desire you to Read R. S. his Collection of Murders. To which I Answer, That if the Assertion were true, yet it must be considered, that what the British did, was in time of War, in the greatest Passion, and upon the highest Provocation that could be; and it is not strange, that Men whose Substance was plundered, and whose Relations were murdered, should whilst the Anguish was upon them be intemperate in their revenge; if the Irish could murder so many upon causeless and pretended Fears and Jealousies in a time of Peace, why should they object some few Excesses in a just revenge, for real Injuries in a time of War: And indeed the Irish being the first Aggressors are answerable even for the severity they occasioned upon themselves, but there is no need of farther arguing, if a difference be not made between Execution in War, and Murder in cold Blood, and in time of Peace. But 'tis said, they did consent the Murderers on both sides should be punished; but who should be the Judges? No others but an Irish Parliament of their own choosing, which they knew would condemn the most Innocent Protestant, and acquit the most Criminal Papist; besides, though it be no evidence to a Court, that I left 500 persons behind me in such a Parish, and that none of them can since be found or heard of, and I believe were all murdered: This I say is no Evidence against A. B. and yet it would satisfy any impartial Hearer, that these persons came to untimely Ends, and by the means of those in whose power they were; so that the makers of the Act of Settlement had good reason to say, That the Rapines, Depredations, and Massacres, committed by the Irish, and Popish Rebels and Enemies, were not only well known to that Parliament, but are notorious to the whole World, Irish Stat. 502. not withstanding the many Means and Artifices, which for many years together have been used to Murder such Witnesses, Suppress such Evidences, and also to Vitiate and Imbezil such Records and Testimonies, as might prove the same against particular Persons. And as to R. S. his Collection of Murders, it is a mere heap of Forgeries, designed only to make a noise; he gins with the aforesaid Story of the Massacre in the Isle of Magee, which, he says, was the first in Ireland, though really it was subsequent to many hundreds of Murders committed by the Irish; on the 23d of October, and thenceforward, he will not allow the Lord Mayo nor Lady Roch to be guilty, though they were Condemned and Executed after a fair Trial, on full Evidence; he falsely brags, That there were no Murders in the County of Cork, but I have mentioned some, and given the reason why there were none published, viz. The Murder of Archdeacon Byss, who had the account of them: Finally, he says, that 238 Irish were murdered in Cloghinkilty, and 88 tied back to back; and drowned in Bandon. And because I have for some years lived in both those Towns, I can assure the Reader, That the first is no more than what I have related, page 113. saving that perhaps there might be some Women and Children in the number I there mention; and the second is utterly false, as I am credibly informed from several ancient Inhabitants of that Town. The next Question is, The Fifth Question. Whether the King Countenanced or Commissioned the Irish Rebellion, because the Irish Clergy assured the People he did, and Sir Phelim O Neale shown the Original Commission to several. The Supreme Council favoured this Report, by pretending to act for His Majesty's Service, and by alleging. That the Support of His Prerogative was the chief Motive of their Insurrection; and their Generals, Owen Roe and Preston, did in effect avouch it, by summoning Castles and Garrisons in His Majesty's Name, to Surrender to them to the use of His Majesty; and particularly Preston did so at Castlejordan and Duncannon. Moreover the Irish called themselves The Queen's Army, and the King sent but 40 Proclamations against them, and the Lord of Antrim's Information, Appendix 49. and King Charles the Second Letter to restore that Lord, because what he did was by the King's Order, do create abundance of Suspicion in this particular. To which I answer, That the King was altogether innocent in this matter; and first, I must premise, That they who abett this Objection, do greater Service to the Irish than they are ware of, for if the King Commissioned them there could be no Rebellion, they might be Robbers or Murderers, (as many as were guilty respectively) but not Rebels; if they had the King's Commission for what they did, and consequently the Forfeiture of their Estates for that Rebellion, whereof they could not be guilty, would be unjust and void, and those that Enjoy them would be bound to make Restitution, But this Observation is nothing to the Truth or Falsity of the Objection, and is therefore offered only to prepare and dispose some prejudiced and prepossessed Minds to the Reception and Entertainment of Truth, when it is discovered and proved. As to the Reasons of the Objection, they shall be considered in order. And first, whoever reads the ensuing History, or knows any thing of the Popish Clergy at that time in Ireland, will be easily satisfied, that their Testimony in this case is the worst sort of Irish Evidence; and as for the Commission shown by Sir Phelim O Neal, it is certain that he forged it, and made one Michael Harison take a Seal from a Patent he found at Charlemont, and fix it to this Counterfeit Commission; and thus much Sir Phelim and Harison confessed at Sir Phelim's Trial, and Sir Phelim did the same at the Gallows, ☞ although he was offered to have his Life spared, and his Estate restored, if he could show any Commission from the King. As for the Pretences of the Supreme Council and their Generals, all the world knows, that their Contradiction and Hypocrisy were apparent, for they made the same Pretences, even whilst they fought against the Marquis of Ormond and His Majesty's Army; and they pretended to maintain His Majesty's Prerogative, whilst they were actually usurping all His Prerogatives, even to that of making War, and against Himself, and with the same confidence and design they enjoined Loyalty and Allegiance in the first Clause of that Oath of Association, which was to dissolve all their Allegiance, and to be the Cement of their Conspiracy and Rebellion. As to the number of the Proclamations His Majesty sent, I do aver from Authentic Copies of the Lords Justices, and Councils Letters, that they did at first writ but for 20, and afterwards they desired that they might have 20 more, so that they had the full number they sent for, and all Signed by the King's own Hand and Seal, with his Signet; and if it be considered what use could be made of these Proclamations, it will be easily allowed, the Number was more than sufficient; for they could only serve to undeceive those that doubted, Whether the King countenanced the Rebellion, or not? And it is manifest from the Success, that not one of the Confederates thought that he did, for we do not find that one of them was converted or withdrawn from the Rebellion by all these Proclamations. And as for the Lord of Antrim's Information, Appendix 49, it expressly clears the King from giving any Commission for the Rebellion; and as to the Letter in favour of that Lord 1663., and his Restoration to his Estate thereupon, it may argue the Prevalence of Popish Councils at Court at that time, but cannot infer any Gild on the King that was dead 15 years before, and in good manners we ought to say, they were the words of the Secretary, and not the words of the King, since it is notoriously known that they are not true, whosever words they are; for Antrim was so far from acting by the King's Orders, that he sided with the Nuncio, and publicly opposed the Peace of 1646. and 1648. and accordingly the Duke of Ormond, and the Council of Ireland, did, by their Letter of the 3●th day of July, 1663. at large discover to the King, that His Majesty was misinformed both in the Man and the Matter. And I must add, that neither the Cessation nor the Peace's of 1646. and 1648. nor any Fav 〈…〉 r extended to the Irish, after the War broke out between the King and Parliament, do concern this Argument, because they were done upon another and a different Reason, viz. To reconcile His Subjects of Ireland, that they might jointly contribute to His Majesty's Assistance in England; he was attacked on both sides, and tried to get rid of one Enemy, that he might the better prosecute the other; he made several Essays to that purpose, with the respective Parties both in England and Ireland, and it were as good Logic to argue him guilty of Favouring the Covenanters, because of the Treaty at Uxbridge, as to say, He Countenanced the Irish Rebels, because of the Treaty at Sigginstown. And having thus answered the Objections, I proceed to demonstrate, That the King had no hand in that Execrable Rebellion; First, because he Signed 40 Proclamations against it, and in his Commission to hear their Grievances at Trim, there is this passage, [Although We do extremely detest that odious Rebellion, which the Recusants of Ireland have without ground or colour raised against Us, Our Crown and Dignity,] which the Irish would never have endured, (for they were highly dissatisfied with the Expression) nor the King have offered, if they could have made so good a Justification of themselves as His Majesty's Commission would have amounted to. I do not think it necessary to add, That His Majesty devolved the Management of that War on the Parliament, and disposed of 2500000 Acres of their Forfeited Estates to the Adventurers, though by these two Actions His Majesty did in a great measure put it out of his power of showing the Irish any favour, and much less shall I insist upon his Generous Offer to go in Person against the Irish, nor his frequent Expressions of his detestation of that Rebellion, and particularly to an English Earl, of unquestionable Honour and Integrity, yet living, who expostulated with His Majesty upon that point, anno 1642. and to whom the King denied his knowledge of it with Asseverations and Abhorrence, and vowed, That if his Son had a hand in it, He would cut off his Head. I say, that I will not enlarge upon these Matters, because this one Consideration must convince all Mankind of the King's Innocence in this Affair, and that is, That an Irish Rebellion was the most unlucky and fatal thing that could happen to His Majesty at that juncture, it broke all his Measures, and was so evidently against his Interest, that no body can suspect him to contrive it, that does not at the same time think he was mad, ☞ for if Ireland had stood quiet, His Majesty might have drawn vast assistance of Men, and something of Treasure, from that Kingdom, either against the Parliament, or against the Scots, as he had occasion; whereas by that Rebellion, all his Friends in Ireland were otherwise engaged, and became rather a burden than an help to him. In a word, the very same Reasons that moved His Majesty afterwards to the Cessation and the Peace's, were as strong, and would have been as prevalent with him, to prevent the Rebellion, if he had had the least notice or suspicion of it; and accordingly we find, that what little jealousy he had of it, was seasonably imparted to the Lords Justices, by the Letter mentioned, Page 65. as his surprise at that unexpected Rebellion is expressed in his Letter to the Earl of Ormond, recited Appendix 49. The next thing in Dispute, The Sixth Question. is, The Number of those that were Massacred, which Sir William Petty computes not to exceed 37000: Not the twentieth part of what is reported, says the Earl of Castlehaven; not exceeding some hundreds, says P. W. not above 400, says the Author of the Settlement and Sale of Ireland; not above 4000, says R. S. in his Collection of Murders. To which I answer, That by Depositions upon Oath it does appear, that many thousands of British were murdered, and many more came to untimely Deaths by the Cruelty of the Irish; and this is an undeniable way of Arguing, That all the British that did not escape, did perish by that Rebellion; and though the Difficulty still remains to ascertain the number of those that escaped, yet it is certain, they could not be half of what were in the Kingdom, because the Towns that were left for their Refuge, were not capable to Receive or Entertain so great a number; and even those that did escape to Towns did perish in heaps, by reason of the ill usage they had received from the Irish. And indeed Sir W. Petty does allow this method of Calculation, but his mistake is occasioned by leaving out an Item that I conceive should have been added, and that is, the number of those born in Ireland, and transported thither out of England and Scotland during the interval between 1641. and 1652. for his Compution runs thus: British in Ireland, anno 1641. 266550 British alive, anno 1652. 150000 Ergo, there perished in the War but 116550 Whereof one Third in the first Year of the Rebellion, and the rest from thenceforward. But he should have added, That in those ten Years, from 1641. to 1652. there were born in Ireland, and there came thither out of England and Scotland, in all about 300000 Souls; and he should have added a proportion of that number to the other, and then he had been near the Computation, which other Judicious Men have made in that matter. But others, well knowing that the greatest part of the British that were in Ireland did really perish in the first year of that Rebellion, do deny that there was any such Number there as is pretended to have been Massacred; and one of them is so vain to say, That the Irish were a hundred to one: But whoever considers, that the British Plantations in Munster had been settled forty years before, and that of Ulster almost thirty years; that half the Kingdom was the Propriety of Protestants; that there were no less than 100000 Scots, as the Earl of Strafford affirmed upon his Trial; that the Earl of Cork alone had above 10000 Protestant Souls upon his Estate; that all the Officers of State, War and Justice, and most of the Mechanics, were British, will find no Grounds for that Objection. However, I will not pretend to determine the Number, but this I will say, That it was great enough to draw the Curse of God, and the Revenge of Man, upon the infamous Authors of that Massacre, as it afterwards did. The next Objection is, The Seventh Question. That the Rebellion was not General, but was begun by a few desperate Persons in the North, and therefore the Popish Members of Parliament did readily agree to a Protestation against it, Review 31. in a Session of Parliament on the 16th of November. Quidam nobiles in Vltonia conspirant, says Mr. Beling, Page 2. To which I answer, That the beginning of all Rebellions is by a few, or at least there do but few appear in them at first; but never any Rebellion in the world increased faster, or became more General, than this, whereby it is manifest, that the Design and Conspiracy was Universal; and so Rory Macguire told his Brother-in-Law Colonel Awdly Mervin on the 27th of October, That all Ireland was by that time in their hands, and those that are Ingenious of that Party do confess it to be so; P. W. Pref. to Remonstrance 12. their own Procurator P. W. does acknowledge, That it was an Universal Rebellion, and that all the Irish Papists, a very few excepted, P. W. Letters 54. that it was the National Sin of the whole Catholic Party by Participation. were concerned in it. O Reylye's Wife said, The Lords of the Pale were the Ringleaders; and Colonel Planket affirmed, That all the Popish Lords had contracted beforehand; and Patrick O Bryan testified the same upon Oath, and named the Lord of Gormanstown particularly. The Lord Macguire confessed, That those of the Pale were privy to the Plotting of the Rebellion; and Macmahon declared, That all the Popish Lords and Gentlemen in Ireland were Engaged in the Plot, and that twenty out of every County were to be detached for the Surprise of the Castle of Dublin. There was not one County (shall I say a Catholici intra Dublinium numero hereticis superiores paratissimi erant ad Vrbis deditionem concurrere vindiciae eversae 91. Temple 46. City) in the Kingdom; exempt from the Rebellion; and in the Province of Ulster only, there were 30000 Irishmen in the Rebellion by the 5th of November; and I must do Father Ponce the Right, to acknowledge, That he is more just than to shelter his Party under this pitiful and false Subterfuge, and therefore he frankly confesseth, That they were all in the b Faedus initur ab omnibus vindiciae eversae 6. Conspiracy, and that not the Great Men only, but the c Non proceres modo sea & eujus●bet conditionis per universum R●gn●m Catho●●●. Catholics of all Conditions throughout the whole Kingdom were concerned. And certainly it is Incumbent upon these Advocates, to show, that those whom they would clear from this Rebellion, did publish any Protest or Manifesto against it, or d As the Marquis of Clan●ickard and some few others did. fight against the Rebels, or assist the Assaulted English; but on the contrary, it is manifest by the Decrees of the Assembly, That they would suffer no Neuters amongst them: But what need any more to be said, than that a few could not have perpetrated the Murders and Robberies they have committed? The Irish were not so stout, nor the British so tame to be served so by a few. It appears by Dr. Jones his Examination, that the Conspirators at Multifernam computed their Number to be 200000 Men, and the Event shown they had no less; but I will close all with the Expression of the Congregation at Kilkenny in May, 1642. viz. There is the unanimous Consent and Agreement of almost the whole Kingdom in this War and Union: And the saying of the King to the Protestant Agents at Oxford, Anno 1644. when they offered to prove that it was a General Conspiracy and Rebellion, and other the Contents of their Petition: His Majesty replied, It needed not, any more than to prove the Sun shines when we see it. The next Objection is, The Eight Question. That the Lords of the Pale, and the Earl of Castlehaven in particular were necessitated for their own safety to join with the Rebels, Vindiciae Catholic●●● 3. finding no Protection from the Government, for the Lords Justices might easily have suppressed the Insurrection at first, but they desired it might increase, that so there might be more Forfeitures. But this is Gratis dictum, and without Foundation, as appears not only by the Commissions and Arms given to several Lords of the Pale, which they perfidiously abused to the prejudice of the State; Temple 33. and by the Lords Justices design to Arm all those of the Pale if need were, but also, by the very instance of the Earl of Castlehaven; for tho' the Lords of the Pale went into Rebellion the Second of December, yet he lived quietly at his House at Madingston many Months afterwards, as himself Confesses; and 'tis certainly true, that even he and the Marquis of Antrim (who was at his house) came down to the English Army near Killcullen, in March after to visit the Earl of O rmond, and was kindly received by him, and some few days afterwards being Victorious at the Battle of Killrush; Castlehaven treated him at Madingston, and mutual Civilities passed between them. And about the same time he had such Correspondence with the State, that he took upon him, to intercede for the Lords of Gormanstown, Slain and others; so that he might have been safe enough if he pleased, and was not under any necessity to go out into Rebellion, as he afterwards did. And tho' I believe, that this Lord was not in the first Conspiracy; yet it will appear by what has been said in the Answer to the former Objection, that most of the other Lords of the Pale were, nor indeed could the Irish have undertaken the Rebellion without them, for they were not able to carry on the War by themselves, P. W. Remonstrance, 595. without the Assistance of the Old English; for as Peter Welsh very well observes. It is well known, that the Irish never signified any thing considerable in any of their Undertake, and had been presently crushed in this, if the English Colonies had not joined with and supported them. But whoever frames an Idea of those times in his own thoughts, and reads the passionate Letters of the State for Succours, cannot conceive any thing so ridiculous; as that the Lords Justices delighted in those sad Spectacles of misery which daily flocked to Dublin, or in the report of the most barbarous Inhumanities' every day committed on their Friends and Country men; but above all the continual Danger they were in themselves, and their disadvantage and loss by the Rebellion, do sufficiently vindicate them, from endeavouring to make this Rebellion more general and formidable than really it was. But what did the Lords Justices get by this Rebellion, or did they Act or send any dispatch without the Council, or did they not importune Aid from England, even to the degree of being troublesome; or did they not ask enough to make a speedy end of the War, or had they a freehold in their Places or an unconroulable Power while they held them, or what solid Foundation is there, for all the Clamour that the Irish have made in this Case against the Lords Justces. The Ninth Question. The Ninth Question will be, whether King Charles II. upon his Restoration, stood obliged by the Articles of the Peace, made Anno 1646. or the other Peace made Anno 1648. because the Lord's Muskery, Taaf and others did not falter in their Allegiance from that time forward, and therefore could not forfeit the benefit of those Articles. To which I Answer, That the Peace of 1646 cannot come in Dispute, not only because the Congregation of the Popish Clergy at Waterford, did publicly declare against it, and Limerick, Waterford and Clonmel, etc. never received it, and the Irish Armies perfidiously broke it, by endeavouring treacherously to intercept the Lord Lieutenant near Kilkenny, and afterwards actually besieging him in Dublin; but also, because the general Assembly the proper Representative of their Party and Nation, did publicly disown and reject that Peace by their Declaration recited, Appendix 36. And as for the Peace of 1648. it was made with a Society, or a Confederate Body, and not with particular Persons; and if that Society hath no Right to the benefits of that Peace, it is certain, that no particular Person can have any, because his Claim and Title to it is, as he is a Member of that Body Politic, and his Case is the same, with that of an innocent Freeman in a Corporation, whose Charter is forfeited. However, this Body Politic or Imaginary, is composed of particular Men, and may forfeit its whole Right by the fault of some of its Members, for malum ex quocunque defectu; but if the greater part be Guilty, there can be no ground for a doubt. This being Premised, it appears by the 29th Article, That the Confedrates and their Garrisons, Towns and Forts were to be Commanded, Ruled and Governed in chief upon occasion of necessity, as to Martial and Military Affairs, by such as the Lord Lieutenant should appoint: But this Clause of that Article of the Peace was entirely violated by the Towns of Wexford, Ross, Waterford, Clonmel, Limerick and Galway, even to the degree of depriving his Majesty of all the benefits and advantages he expected from this Peace, and at length to the loss of the whole Kingdom. Secondly, Those Towns were to be restored to his Majesty, whenever the Articles of the Peace were performed on his Part; but the Confederates by their own Fault, and their own Act, gave them up (especially Limerick and Galway) to the King's Enemies. These were the Jewels his Majesty bought so very dear, and yet the Confederates are so unreasonable to expect the Price, without delivering the thing contracted for. And if they Reply, That those Towns were forced from them, and without their fault; yet that (if true, as it is not) would not Entitle them to the benefits of the Peace: For if a Man sell Land, and it be evicted from him before he delivers Possession, no Body will say he has Right to have the Purchase-Money from the Buyer, and yet that is a parallel Case: Nor have the Confederates the least Spark of Equity on their side, because they might have surrendered the Towns to their King, and aught to have done so, but they neither did that, nor submitted to his Authority as far as they had promised, and therefore since they did take upon them to keep these Towns, it is certainly at their Peril if they lose them. Thirdly, They did dissolve and renounce this Peace, and the King's Authority, (which is the first and chiefest Article, tho' placed by way of Introduction) for the Congregation at James-town Excommunicated the Lord Lieutenant, and Declared against his Authority, and they and the Assembly at Loghreah forced him out of the Kingdom; Galway treated with the Duke of Lorraine and received his Ambassador, and that Town and Limerick, and several Lords and Gentlemen, did join in a Commission to treat with foreign Princes, as appears Appendix 47. All the Kingdom did at length submit to the King's Enemies, and most of the Confederates took the Engagement to that Government; which certainly dissolved the Articles of Peace, and all Covenants with his Majesty, with which that Engagement was inconsistent. I should not insist upon it, that the Peace was null and void from the beginning, and impossible to be performed, because the King could not repeal Acts of Parliament, much less give away those Estates, which were sold to the Adventurers for valuable Consideration by Act of Parliament, but that the Confederates had by a previous Engagemen there recited p. 205. (which P. W. stiffly denies, and my Lord of O●●ery probably had not seen) preingaged themselves to return to their first Confederacy, if the Articles of the Peace were not fully performed to them. Lastly, Those Articles were not to be binding, unless they should be confirmed by the next Parliament; and since they miss of that Ratification, they are totally vanished and dissolved, and have no manner of Obligation upon any Body. Another Question may be made, The Tenth Question. Whether the Quarrels of the Confederates against the Marquis of Ormond, were founded upon a prejudice to his Person, a hatred to his Religion, or an aversion to his Authority? To which I Answer, That their Dissatisfaction with that Lord was not at all in respect of his Person, or any Qualifications he had except that of a Protestant Viceroy; but their hatred to him was, partly upon the Account of his Religion, but chief upon the Score of his Authority; for altho' they load his Memory with innumerable false and scandalous Aspersions, yet those of Heretic and Idolater of Majesty, are not the lest spiteful, nor as they thought the least infamous. But after all they can forge or say, They confess, It would be the same thing, if any other of the same Religion should have the Government, out aliquis alius ejusdem profess●onis & invidiae in Catholicos, says the Bishop of Fernes, pag. 34. No● in ullam aliam pacem cum Ormonio, aut ullo alio Heretico prorege Nuncius conveniret, says Father Ponce, pag. ●79. and he fairly gives the Reason of it; for a Heretic will never be fond of Popery, says he, Summe timendum est quem●unque adversae Religionis non satis prospecturum Catholicae. And tho' the Viceroy were a Roman Catholics, yet as long as the Prince that Authorises him is a Pretestant, or King of England, they will not be satisfied; and the Reason of this is plain, viz. That such a Viceroy must obey the Commands of his Heretic Master, P. W. Letters, pag 12. and must preserve Ireland in Subordination to England; whereas their main drift was to make it Independent, or to alienate it to a Foreigner; yet this Assertion would hardly be believed, but that we can back it with an instance in the Case of the Marquis of Clanrickand, whom they affronted and traduced as bad as they did the Marquis of Ormond: and Father ponce his Book is written to vilify that Noble Lord, who had no fault in him except his Religion; nevertheless they treated him with that degree of Insolence, as to threaten his Lieutenant General, P. W. Remonstrance, 585. to rend the Army from him, if he did not dismiss his Confessor immediately; they also gave up the Towns, and particularly Galway, without consulting him, tho' he was at hand, and they treated with foreign Princes contrary to his Express prohibition; and others that he did Authorise had the Confidence to vary from his Instructions, and to decline his Name and Authority. And what better can you expect from a People, which as, P. W. observes, are wholly given up to be instructed by Anti-remonstrant Priests, P. W. Letter to the Earl of Essex, pag. 19 known maintainers of the most Antichristian Maxims of Disloyalty, even to the unsheathing of Swords and cutting of Throats. And Lastly, It may be demanded, Whether all and every of the Irish be guilty of those Crimes and Qualities, that in this History may seem attributed to them, under the indefinite Appellation of Irish? To which I Answer, That they are not all Guilty, but, on the contrary, there are undoubtedly very many Lords and Gentlemen of worth and virtue in that Kingdom, who abhor and detest those Cruelties and Treacheries which the Generality of their Country men have exercised upon the English; nor had I the least design to condemn the Innocent with the Guilty, or to asperse any Man of Honour or Worth; and therefore, tho' I have good Warrant, even from Scripture Phrase and Example, to use the indefinite Expression, when nevertheless, many particulars are not comprehended in it; yet to avoid all Ambiguity or Mistake in this matter, I do here once for all advertise the Reader, That where ever he finds the word Irish, he understand it only of the Irish Rebels, or of the Commonalty, or Generality of that Nation, as the Sense will best direct him. THE REIGN OF JAMES I. KING OF England, Scotland, France, AND IRELAND. HITHERTO the Irish Historians have represented their Countrymen, Analecta Hiberniae Spar●im. as if they were influenced by the most abstracted Considerations of Religion and Honour; Ogigia in Preface, pag. 4. and as if they were agitated by a generous desire of their Native and Original Liberty, and excited by an unparallelled Loyalty to their Ancient Monarchy, to resist and endeavour to shake off the Violences and Usurpations of England, whilst one Generation, following another in Imitation of their Godly and Worthy Ancestors, have gallantly endeavoured to deliver their enthralled Nation from Oppression, (as Pope Urban VIII. words it in his Bull,) and therefore their Historians do boast of the multiplied Rebellions of the Irish, as so many brave Efforts, to rescue their Nation from the Bondage of those English Collectors of Peterpences, whom they would hardly vouchsafe to style their Kings. But now, that the Royal Family of the Stuarts hath ascended the Throne, to whose Sacred Blood the Irish Nation hath contributed, whose Pedigree is founded on the Famous Irish Milesian Princes; Prospect. Epist. Dedic. now, that the Irish have got their own Countryman for their King, a King whose Ancestors and first Predecessors were of their own Blood; Propositions at Oxford 1642. a Prince not only of Irish Extraction, but such a one as is of the Royal Line, and even, by the Irish Law, aught to be King of that Island; and was (as they say,) the One hundred twenty first King of Ireland, in a direct Line from Adam, Ogigia in epist. whereof Eleven were before the Flood, Twenty six before they came to Ireland, and Fifty one in Ireland, (whereof Twenty four were Monarches,) and Thirty three in Scotland, and so succeeded by Hereditary Right from his Illustrious Irish Ancestors: Now, I say, that they have gotten such a Rightful Hereditary King, Analecta Hiberniae. the Reader must not expect to hear of any more Irish Rebellions, but, on the contrary, that their peaceable and Loyal Deportment will distinguish between Rightful and Usurping Princes; Consanguinei Regis analecta Hib. 208. and that now the●● own Kindred is restored to them, we may expect to find, that they will take pleasure and delight, and a conscionable Pride (as they phrase it,) to be Ruled and Commanded by their own Relations; Ib. 276. German Hibernorum spes seminis, jubar sanguinis. and that their great Endeavours for the Kings of England, of that Line, to whom they are tied by the Bond of * Cui obligati sumus vinculo sanguinis. Consanguinity, will be the Work of a Sympathy of Blood, if there be any Truth in the Reports or Flatteries of the late Irish Historians, or in the Speech of the present Recorder of Kilk●nny. But alas, these thin Pretences which in Ireland are thought Stratagems, are easily seen through in England, where it is believed, that there is something more Criminal in Heresy, then can be expiated by Extraction; and therefore they expect that the Royal Family of the Stuarts whilst it continues Protestant, must have their share of opposition and disturbance, even from their own Irish Countrymen, and with as malicious▪ Circumstances as any other Protestant Princes have had, and how far they were in the right of it, is Summarily related in my Epistle to the Reader, but shall here be more at large explained. JAMES VI King of Scotland; 1602. Succeeded the Deceased Queen Elizabeth on the Throne of England by unquestionable Right; Ir. Stat. 2. Jac. 1. cap. 1. I say, unquestionable notwithstanding the Book published against his Title and Right of Succession, by Parsons the Jesuit, under the name of Dole●an, for the material Allegations of that Author are notoriously false, and which is worse, himself knew that they were so, as Peter Walsh hath assured us; Letter to the Bishop of Lincoln p. 212. and it is manifest to all the World, that the King was the only Son of Mary Queen of Scots, Daughter of King James the Fifth, Son of James the Fourth by Margaret his Wife, who was the eldest Daughter of Henry the Seventh, by Elizabeth Heiress of the House of York; and so was Heir to both the Families of York and Lancaster: And was therefore Proclaimed King without any opposition, Secretary Cecil himself reading his Title (as also Queen Elizabeth's Will) at Whitehall Gate, on the 24th. day of March, 1602. And as to Ireland, CHARLES Lord MOUNTJOY continued Lord Deputy, 1603. and was afterwards made Lord Lieutenant of that Kingdom, and having received Letters from the Council of England, with a Proclamation of the new King, he first Signed the Proclamation, and all the Council did the like in Order, and then with great Solemnity they published and proclaimed the same in Dublin on the Fifth of April; and about the same time he received kind and gracious Letters from the King (then in Scotland) by one Mr. Leigh, whom therefore the Lord Deputy Knighted. The Earl of Tyrone (who was brought to Dublin in Company with the Lord Deputy on the 4th. day of April) could not refrain from Tears on the News of Queen Elizabeth's Death; nor can we blame him for it, for besides the unsecurity of the Pardon or Protection he relied on, being derived from a Princess that was Dead, and an Authority that was determined before it was executed: He had also lost the best opportunity in the World, either of continuing the War with advantage, or of making a profitable and meritorious Submission to the new King, nor did he want Pretences and Circumstances, that would have made his free Submission highly valuable, and exceeding honourable; however, since he had miss the Season of doing better, he thought it prudent to do the best for himself, that his Circumstances would permit, and to secure the Protection and Estate that were promised him; and accordingly the 6th. day of April the Lord Deputy did not only renew his Protection in King James his Name, but soon after gave him Liberty to return to Ulster to settle his Concerns; but first, the Earl put in his Hostages, and also renewed his Submission in a set Form of Words, wherein he abjured all foreign Power and Jurisdiction in general, Morison 279. and the King of Spain's in particular, and renounced the Vraights of Ulster, and the name of O Neal, and all his Lands, except such as should be granted to him by the King, and he promised future Obedience, and to discover his Correspondence with the Spaniard. And at the same time he wrote to Spain for his Son Henry, but without effect, for he was afterwards found strangled at Brussels no Body knows how, and on the 15th. day of April, O Rourk in like manner▪ by his Letters humbly offered to submit to his Majesty's mercy, which Offer was accepted. These Great men having thus submitted, and the Kingdom (but especially Ulster) being so wasted and destroyed, that the Famine increased to the degree of eating one another, as I have already mentioned in my former Part. And the number of the Irish being exceedingly lessened by their many, tedious and obstinate Rebellions, and those that remained (except Cities and Towns) being so poor, that the very estated Men had not wherewithal to stock or cultivate their Land, nor had any improvements left upon their Estates, Bello peste & inedia fatigati Analecta Hib. 207. except perhaps a dismal Castle, and a few pitiful Cabins: One might expect that this miserable Condition (which required a long interval of Rest and Peace to amend it) would oblige these People to live peaceably and Loyally under this new King of their own Lineage. And perhaps it might have done so, if the Universities of Salamanca and Validolid had not about this time sent over their Determination of that knotty Point, that Vexata Questio, Whether an Irish Papist may obey or assist his Protestant King? Which they resolved in the Negative, by two Assertions. Sullevan's Cath. History 203. 1. That since the Earl of Tyrone undertook the War for Religion, and by the Pope's Approbation, it was as meritorious to aid him against the Heretics, as to fight against the Turks. And, 2. That it was mortal Sin any ways to assist the English against him; and that those that did so, can neither have Absolution nor Salvation without deserting the Heretics, and repenting for so great a Crime. But this New Declaration of two such famous Universities, and the Impatience of their busy Priests, set them a madding again; so that they wanted nothing but Power to make a more general and formidable Rebellion than ever had been in Ireland to that time. For the Lord Deputy having sent Proclamations of the King's Succession to all Cities and Burroughs, not doubting but that they would be cheerfully published in every place, to his great amazement received this Account from Cork, That Captain Morgan came thither with the Proclamation on the Eleventh of April, and immediately Sir George Thornton (one of the Commissioners of Munster) went with it to Thomas Sarsfeild, than Mayor, who answered, That by their Charter they might take time to consider it. Sir George replied, That since they knew the King's Right, and that he was proclaimed in Dublin, it would be taken ill if they delayed it. The Mayor answered, That Perkin Warbeck was also proclaimed in Dublin, and that nevereheless much Damage happened to the Country by their precipitation therein. Whereupon Saxy, Chief-Justice of Munster, said, That they ought to be committed, if they refused: But William Mead, the Recorder; told him, That no body there had Authority to commit them. Hereupon the Mayor and his Brethren, etc. went to the Court-house to consider of so important a Matter; Sir George Thornton in the mean time staying in the Walk to expect their Resolution. After an hours stay there, he sent to know their Mind; they put him off for an hour more, and when that was expired, they plainly told him, They could not give their Answer till the next day. Whereupon he said, He would proclaim the King without them: But they let him understand, That he had no Authority within their Liberties to do so, neither would they permit him to do it: And so they put it off till the Thirteenth of April; and then Sir George Thornton and the Lord Roch, and about 800 Soldiers and others, proclaimed the King in the North Suburbs, near Shandon-Castle; but the Mayor and Citizens deferred it till the Sixteenth, and then wrote a saucy Letter to the Lord Deputy, importing, That they had received the Proclamation on the Eleventh of April, but had delayed publishing it till the Sixteenth, for the greater Solemnity; and they desired, that Halbowling Fort (not being in the Hands of a sufficient Commander to secure it) might be put into the Hands of the Mayor and Citizens, for whose Defence it was made. But the Citizens not expecting an Answer to their minds from the Lord Deputy, designed to set up their Religion by force; and to that end they kept strong Guards on their Ports and Gates, and stopped the King's Boats going with Victuals to Halbowling; so that the Commissioners were forced to relieve that Fort with Ammunition and Victuals from Kinsale: they also carried the Cross in Procession about the City, and forced People to reverence it; they also defaced Sentences of Scripture that were written on the Church-walls, and painted the places with Pictures; they re-consecrated the Churches, and went daily in Procession; they also took the Sacrament to spend their Lives in defence of the Roman Catholic Religion; they disarmed such Protestants as were in their Power, and rejected the mixed Moneys, and refused to suffer the King's Provisions to be taken out of the Store, until they should be assured that the Soldiers should be sent out of the Liberties of the City; they also endeavoured to get the South Fort into their Hands, so that Sir George Thornton was forced to shelter himself in Shandon Castle. Upon notice of these Proceed, Sir Charles Willmot (who was besieging Mac-Morris in Ballingary Castle) immediately repaired to Cork, and finding that no good was to be done by Treaty, he sent 600 Men over the Ford by Gillabby into the South Fort; and though two of them were killed in their Passage by Shot from the Walls▪ yet the rest got in safe, and secured the Fort: However, the Citizens mounted some Guns, and shot at the Bishop's Palace, and Shandon Castle, though the Lord Precedent Carew his Wife was in the one, and the Commissioners of Munster in the other. Nevertheless, on the 28th. of April the Lord Deputy wrote a kind Letter to the City of Cork, and required them to suffer the King's Stores to be issued out to the Army; but they excused themselves, and answered, That they did not know but those Stores, if delivered out, might be made use of against the Town. Whereupon the Lord Deputy wrote a smart Letter to them on the First day of May: but before it came to their Hands, the Citizens under the Conduct of Christopher Murrough had removed the King's Stores into their own Cellars; Morison, 291. and being taught, (by a Seditious Priest) That he could not be a Lawful King, who was not approved by the Pope, nor sworn to maintain the Catholic Religion, they took a Resolution in Public Council, to excite the other Cities and Towns to Confederate with them, for the Preservation of the Catholic Faith, and resolved to defend themselves by Force. It happened, that some few were slain on either Side; and particularly, a Minister was killed by a Shot from the Town; and one of the Bishop's Servants was wounded, and taken Prisoner, and was told by them, That the Traitor his Master should not escape Death, if they could get him within their Power. But their Insolence will best appear by their own Letter to the Lord Deputy, the Substance of which is to be found here, Appendix 1. In the mean time the Commissioners of Munster, finding that they wanted Artillery, sent for some to Halbowling; but the Citizens having notice of that Design, Manned out some Boats (under William Terry) to intercept them: Nevertheless, they arrived safely▪ and thereupon the Citizens (being frighted with the noise of the Great Guns) agreed to a Cessation until the Lord Deputy should come. But the City of Cork was not the only Place that was Rebellious at this Juncture; Waterford was altogether as ill inclined, tho' it had not an Opportunity of doing so much Mischief: However, they did their Share; and first, they pulled down Sir Nicholas Welsh their Recorder from the Cross, where he was reading the Proclamation of the King's Succession: They also broke the Doors of the Hospital, and admitted Dr. White to preach a Seditious Sermon in St. Patrick's Church, wherein, amongst other inveterate things, he said, That Jezebel (meaning Queen Elizabeth) was dead. They also took the Keys of the Cathedral from the Sexton, and caused a Priest to celebrate Mass there. Nor were the Towns of Clonmell and Wexford free from the like Insolences; but they being the weaker, and the less populous Places▪ were sooner sensible of their Faults than were other Towns where Tumult and Noise gave less opportunity of Thinking, and Number and Fortification encouraged to Obstinacy; and therefore these Corporations restored the Churches, and submitted to the Lord Deputy's Commands, before the Army approached their Walls; whilst, on the contrary, Limerick, which has seldom been backward in an Irish Rebellion, was one of the forwardest in this, and gave their Priests the Possession of all their Churches, where they erected Altars, and publicly celebrated Mass. This City is seated in an Island surrounded with the River Shenin, and joined to the Continent by two stately Bridges of Stone: it is fortified with good Walls and a strong Castle, and is justly esteemed the most Impregnable Town in Ireland; and certainly its Strength and Reputation has often proved a Snare to the Inhabitants, and prompted them to such Acts of Disloyalty as otherwise they would not have dared to perpetrate. And tho' at this time Limerick did submit without a Siege, because all its Accomplices had first done so, yet in the succeeding Rebellion it not only defied all His Majesty's Forces, abused His Herald, and affronted His Lord Lieutenant, but at last put the whole Power of England to the Necessity of making a Second Tedious and Bloody Siege before they could reduce it; which I have observed in this place, because I would lose no Opportunity to put the English in mind, how much it does import them upon a new Settlement, that care be taken, that those Strong Places should be inhabited only by a People faithful to the Crown. But to proceed: The Religious at Kilkenny were not less precipitate and insolent than their Brethren elsewhere. Edmond Rafter, a Dominican, headed the Sedition in that City, and broke open the Blackfriars, which had for some time been used as a Court-house, and pulled down the Seats, and erected an Altar; and forced the Keys of his House from one Mr. Bishop, that lived in part of that Abbey, and gave Possession of the whole Abbey to the Friars, altho' by Act of Parliament it was turned to a Lay-Fee, and by Legal Conveyances became the Propriety of other Men. These Rebellious Proceed in so many principal Cities and Towns, necessitated the Lord Deputy to undertake a Progress to Munster; and on the Fifth of May he came to Gracedea near Waterford, and summoned the Mayor and his Brethren to open their Gates, and receive him into the City with His Majesty's Army; and tho' at first they refused to admit any Forces into the Town, except the Lord Deputy and his Retinue, alleging some Privilege or Exemption to that purpose, by virtue of an Ancient Charter from King John; yet when the Lord Deputy had told them, That no King could give that Privilege to his Subjects, whereby his Successors should be prejudiced in the due Obedience they were to expect from them; and that if they did not open their Gates immediately, but put him to the Necessity of entering by Force, he would cut King John' s Charter with King James ' s Sword, and ruin their City, and strew it with Salt; they tamely opened their Gates, notwithstanding their former boasting, and the Lord Deputy and the Army marched into the City. But whilst he was in his Camp at Gracedea, the Mayor at his Excellencies Request sent out Doctor White, and a young pert Dominican Friar, to discourse with his Lordship in Matters of Religion, and to show him the Grounds and Reasons of these Proceed, which his Lordship thought so temerarious and unaccountable: And the Friars had the confidence to come in their Habits, with the Crucifix exalted before them, sulivan 199. and to tell the Deputy, That the Citizens of Waterford could not in Conscience obey any Prince that persecuted the Catholic Faith. This led them into Discourse, wherein at length Doctor White cited a Passage in St. Austin for the Proof of something he asserted, and it happening that the Lord Deputy had the Book in his Tent, he caused it to be sent for, and publicly showed to all the Company, that the Words cited by the Doctor were not St. Austin's Opinion, but were quoted by him as an Objection, which in the same place he opposes and confutes; and inferred, That it was highly disingenuous in the Doctor to quote that Sentence as St. Austin's Judgement, when he knew that his Opinion was directly contrary to it. Whereupon the Doctor was confounded, the Citizens were ashamed, and the Conference ended. In the mean time the Lord Deputy, to prevent farther Mischief at Cork, and to humble them with the certain notice of his Approach, sent the Mayor of that City the following Letter. FOr the dispatch of Your Messenger, and not to omit any thing that lieth in me to make you understand your dutiful Obedience to His Majesty, and the great Errors and insolent Demeanour you have of Self-will or Malice entered into; I am content to write unto you, tho' I know not well in what sort to write: For by your Courses I cannot take you for Subjects; and out of my desire to interpret your Actions to the best▪ I could wish not to have cause to repute you Rebels. To deal plainly with you, for any thing that yourselves inform, or I can otherwise learn, I see not that Sir Charles Wilmot hath done but as in his Duty he was tied to do: But I am presently drawing down to the City of Cork, and having reserved one Ear for any your just Complaints, will judge of your Proceed as I shall find them. I have let you understand my Pleasure by my Letters, (one sent by Master Meade, which if he have not delivered, he is more to blame) and I assure myself some of them came to your Hands; and in all I have charged you upon your Allegiance▪ (as again by these I do) to desist from Public Breach of His Majesty's Laws, in the Celebration of the Mass, prohibited by the same, and to yield due Obedience to His Magistrates; and especially, upon your extremest Perils, not to presume to make any stay of His Majesty's Victuals and Munition, left (upon especial Trust on your Fidelity) within the Walls of that City; but to suffer it by His Majesty's Commissioners of that Province to be issued to the Forts, or where they shall think meet for the present Service▪ I shall be glad to find that you conform yourselves to due Obedience in all these and other Duties of Good Subjects; if otherwise you obstinately persist in the contrary, I must needs hold you for Enemies to the King and the Peace of these His Realms, and as such think you fit to be prosecuted by the revenging Sword of these and other His Majesty's Forces. From the Camp at Gracedea, near Waterford, the Fourth of May, 1603. And on the Eleventh of May the Lord Deputy came with his Forces to Cork, which had for some days been blocked up by the Commissioners of Munster; Nevertheless, he had immediate admittance into the City, without any previous Capitulation; whereby it is manifest, That some who have but small regard to Dangers that are remote, have a delicate sense of those that are near. Would any Man believe, that these insolent Rebels, that refused to proclaim the King, and seized on His Stores, threatened to murder the Bishop, and shot at the Lord President's Lady and the Commissioner●s, and had killed a Minister, and several others of the King's Subjects, so that Mr. sulivan brags, That they slew more than they lost, should yet tamely resign upon the first approach of the Army, and surrender their City to the Mercy of an incensed General, without making Conditions for their own Indemnity? However thus they did, and relied only upon a very slight Stratagem to preserve themselves; which was, that at the Lord Deputy's Entry into the City, they placed Ploughshares on each side of the Street, intimating thereby, that the Oppression of the Soldiers had occasioned so many Ploughs to lie idle, and them to mutiny: But the Lord Deputy took little notice of that silly Contrivance▪ however, he was resolved in his Mind to extend Mercy to the Generality, and to make Examples of some few only of the Ringleaders of this Rebellion. O● this Number was the Recorder William Miagh, who was the Chief Incendiary, and Christopher Morough the Lieutenant that seized on the Stores, and one Owen a Schoolmaster, that had published and preached up the Title of the Infanta, and William Buler a bigoted Broguemaker, that had been exceeding malicious and active in this Sedition. These last Three having no Freehold, were probably tried by Martial Law, condemned, and executed: But the Recorder had better Luck▪ for he was some time afterwards tried by a Jury of the County of Cork, consisting altogether of Irish Papists, who against full and undeniable Evidence, and his own Confession, acquitted him: Whereupon the Foreman was fined Two hundred Pounds, and the rest One hundred Pounds apiece; and Master Miagh being set at Liberty, became a Pensioner to the King of Spain, and died at Naples. But the Lord Deputy having put good Garrisons into Cork and Waterford, and forced the Inhabitants of each Place to take the Oath of Allegiance, and to abjure Foreign Dependencies, marched to Limerick, and did the like there. And on the Twentieth of May the Deputy came to Cashell, and there he understood that a certain Priest had bound a Protestant Goldsmith of that City to a Tree, threatening to burn him and his Heretical Books; and that he did really burn some of the Books, and kept the Man in that miserable condition for Six hours together, expecting every Minute when Fire should be set to the ●aggots: But it is probable the Priest made his Escape, because I find nothing of his Punishment. From Cashell the Lord Deputy by easy Journeys returned to Dublin, and sent his Secretary Mr. Cook to give the King an Account of his Proceed, and gave him a Charge to solicit His Majesty that the Lord Deputy might keep his Place, with Two thirds of the Allowance, and that he might have leave to wait on the King in England, leaving the Government, and the other Third of the Allowance, with Sir George Cary, during his Absence. And the better to quiet the People, and to oblige them to Loyalty, if possible, and to induce them to an industrious and regular way of living, Temple 11. the Lord Deputy issued a Proclamation of General Indemnity and Oblivion, and restored every body (not attainted) to their former Possessions, and prohibited Private Actions for Trespasses committed in the Wartime; and then being made Lord Lieutenant of Ireland, and a Privy Counsellor in England, he sailed thither with the King's leave, and carried with him the Earl of Tyrone and Rory O Donell (Competitor with Neal G●ruff) who were not only well received at Court, but also highly honoured and respected; and Rory, O Donel was created Earl of Tyrconel, and had a considerable Estate in that Territory granted to him: And about the same time the King granted to Sir Randal Mac Donald the Territory of the Rout in the County of Antrim, Lib. M. saving Three parts of the Fishing of the River Ban; and by these Concessions and Favours (which the Irish commonly interpret to be granted to them more for Fear than for Love) the Earl of Tyrone, Lib. C. and all the principal Irishmen (except the Earl of Thomond) were encouraged to petition the King for Toleration of the Popish Religion: But the King thought it enough that the Penal Laws against that Religion were not put in execution, but rather were in effect suspended, by a Connivance that differed little from a Toleration; and finding he had to do with a People that never miss any thing for want of ask, but were apt to take the Ell if he gave the Inch, he became the more reserved in his Concessions to the Irish from thenceforward. And although the King and his Ministers did all he could to bring Ireland into a Method of Government, and to reduce the Public Charge, that it might hold some proportion with the Revenue; yet because it was not reasonable to disband the Army till the Kingdom was better settled, they could not bring the Charge for the Year 1603. lower than 163315 l. 18 s. 3 ¼ d. And that the World may see that the Irish Rebels have justly forfeited those Estates that have been at any time seized by the Crown of England, and that it cost England infinitely more Money to reduce them than their Lands were worth to be purchased; and that the Protestants of Ireland may be sensible of their Obligations to England for its liberal Contributions for their Preservation, I must add, That the Charge of the War for Four years and a half, from the First of October, 1598. to the First of April, 1603. amounted to Eleven hundred ninety eight thousand seven hundred and seventeen Pounds nineteen Shillings and a Penny. Sir GEORGE CARY Treasurer at Wars, was sworn Lord Deputy on the First day of June, and had but one third of the Deputies allowance, 1603. the other two thirds being appointed for the Lord Lieutenant Mountjoy; in lieu of which this Deputy kept his place of Treasurer at Wars: he appointed the first Sheriffs that ever were in Tyrone or Tyrconnel; and this very Year he sent Sir Edward Pelhan, and Sir John Davis Judges of Assize to those Counties, Davis 264. and they were welcome to the Commons, but distasteful to the Irish Lords. But it seems Neal Garuff was highly dissatisfied with the Conduct of the English, in preferring Rory O Donell before him to the Earldom of Tyrconnel; sulivan 201. and therefore Mr. sulivan introduces that barbarous Hero into the Parliament House, and says, he spoke boldly and roundly to the Senate, and tells us, That though he was offered to be confirmed in his former Possessions, and dignified with the Title of Baron, yet he disdained those mean Proposals, and Courageously upbraided the English Nation with Dishonesty and Perfidiousness; and says, it was he, and not they, that subdued the Catholics; and curses himself for giving Assistance to the English, or trusting to their Promises; and he says further, That the King of England, to obtain Peace from the Spaniard, did dissemble his Religion, and pretend to be a Papist. But this Catholic Author is of no Credit, and it is enough to discover the Forgery of this ostentatious Story, that there was not really any Parliament in Ireland till the Eleventh Year of this King's Reign; sulivan 211. and that sulivan himself brings this very Neal Garuff on the English side again, Anno 1608. But to proceed, Sir ARTHUR CHICHESTER was sworn Lord Deputy on the Third of February, 1604. and soon after established a new Circuit for Judges of Assize for the Province of Connagh, 1604. and retrived the Circuit of Munster, Davis 265. which had been discontinued for Two hundred Years. It must be observed, That until this time the Papists generally did come to Church, and were called Church●Papists; but now the Priests began to be seditious, and did not only scandalise the Public Administration of Affairs, but also took upon them to review and decide some Causes that had been determined in the King's Courts, and to oblige their Votaries on pain of Damnation to obey their Decision, and not that of the Law; they did also forbid the People to frequent the Protestant Churches; and they publicly rebuilt Churches for themselves, and erected or repaired Abbeys and Monasteries in several Parts of the Kingdom, and particularly at Multifernam in the County of Westmeath, Killconell in the County of galway, Rossariell in the County of Mayo, Buttivant, Kilkrea, and Timoleague in the County of Cork, Quin in the County of Clare, Garinlogh in Desmond, and in the Cities of Waterford and Kilkenny; sulivan, 206. Intending (says Mr. sulivan) to restore the Splendour of Religion: And as many as pleased, sent their Children to Foreign Seminaries without control. And perhaps all this might have passed, if they had not as foolishly as impudently published every where, and in all Companies, That the King was of their Religion●▪ 1605. But than the Government was necessarily obliged, for the Vindication of his Majesty, and to prevent the Growth of Popery, and suppress the Insolence of the Papists, to publish a Proclamation on the Fourth of July, 1605. commanding the Popish Clergy to departed the Kingdom before the Tenth of December following, unless they would conform to the Laws of the Land: But this Proclamation being too faintly executed (as Laws against Popery have hitherto always been) produced more Noise than Effect; so that it did little service in Ireland, and yet furnished the Irish Papists with matter of Complaint beyond Seas, where they usually make a great Clamour for a small Matter. But on the Fifth of November was discovered the Damnable Popish Plot, well known in England by the Name of The Gunpowder Treason; the Design of it was to blow up at once the King, the Nobility, and the Principal Gentry of that Kingdom, then assembled in Parliament. The Papists did for some time, with great Artifice and Confidence impose upon the World, that this was a Plot of Cecill's making; but finding at length that that Cobweb Pretence was too thin, and was easily seen through, they laid the blame upon a few desperate Villains (as they always do when the Fact is too notorious to be denied): But now that Matter is pretty well settled, by the Confession of * Wilson Hist. of K. James, p. 32. Weston, of the Earl of Castlehaven, the Lord Stafford, and Peter Walsh. This Year the barbarous Customs of Tanistry and Gavelkind were abolished by Judgement in the King's Bench, Davis' Reports. and the Irish Estates thereby made descendible, according to the Course of the Common Law of England; and the City of Cork and the Liberties thereof were separated from the County of Cork, and made a distinct County of itself; reserving nevertheless Places in the City for a Gaol and a Court-house for the County at large. In the Year One thousand six hundred and six, 1606. the famous Robert Lalor, (Vicar-General of Dublin, and other Dioceses in Leinster) for disobedience to the aforesaid Proclamation, was apprehended in the City of Dublin (it being the Custom of these Ecclesiastical Spies, to lurk about the Metropolis of every Kingdom) he was in Michaelma● Term indicted upon the Statute of 2 Eliz. cap. 1. for advancing and upholding Foreign Jurisdiction within this Realm; but he humbled himself to the Court, and voluntarily, and upon Oath on 22d. December 1606. made a Recognition in haec verba. First, He doth acknowledge that he is not a lawful Vicar General, in the Diocese of Dublin, Kildare and Fernes, and thinketh in his Conscience, that he cannot lawfully take upon him the said Office. Item, He doth acknowledge our Sovereign Lord King James, Davis Rep. 83. that now is, to be his Lawful, Chief and Supreme Governor in all Causes, as well Ecclesiastical as Civil; and that he is bound in Conscience to obey him in all the said Causes; and that neither the Pope, nor any other Foreign Prelate, Prince or Potentate, hath any Power to control the King in any ●ause, Ecclesiastical or Civil within this Kingdom, or any of his Majesty's Dominions. Item, He doth in his Conscience believe, that all Bishops ordained and made by the King's Authority, within any of his Dominions are lawful Bishops; and that no Bishop made by the Pope, or by any Authority derived from the Pope within the King's Dominions, hath any Power or Authority to impugn, disannul or control any Act done by any Bishop, made by his Majesty's Authority as aforesaid. Item, He professeth himself willing and ready to obey the King, as a good and obedient Subject aught to do in all his lawful Commandments, either concerning his Function of Priesthood, or any other Duty belonging to a good Subject. Upon this Confession he was indulged with more Liberty, and the free Access of his Friends, and would undoubtedly have been enlarged the next Term, if he had not privately denied, what he had publicly done; protesting that his Confession did not extend to the King's Authority in Spiritual Causes, but in Temporal only; this being told to the Lord Deputy, it was resolved to try him upon the Statute of 16. R. 7. cap. 5. of Praemunire; and it was discreetly done, rather to Indite him upon that, than upon any new Statute made since the Reformation, Davis Rep. 85. that the Irish might be convinced, That even Popish Kings and Parliaments, thought the Pope an Usurper of those exorbitant Jurisdictions he claimed; and thought it inconsistent with the Loyalty of a good Subject, to uphold or advance his unjust and unreasonable Encroachments on the Prerogative of the King, and the Privilege of the Subject, which tended to nothing less, then to make our Kings his Lackeys, our Nobles his Vassals, and our Commons his Slaves and Villains. Upon this Indictment he was tried and found Guilty: and upon his Trial, his aforesaid Recognition which he made upon Oath was publicly read, which nettled him exceedingly; and the rather, because he was asked whether he had not denied this Confession to some of his Friends; to which he answered, that he had not; but only told some of them, that he had not owned the King's Supremacy in Spiritual Causes, which he said was true, for the word in the Confession was Ecclesiastical: Whereupon the Attorney General, Learnedly descanted upon the words Ecclesiastical and Spiritual, and exposed the Knavery and Silliness of the Prisoners Equivocation; and then Mr. Justice Sarsfeild pronounced the Sentence of the Law against him, which nevertheless was never Executed upon him that I can find. However to atone for this seeming Severity, and to quiet and oblige the Irish; the King issued out a Commission of Great under the Great Seal of England, to confirm the Possessors of Estates in Ireland, against all Claims of the Crown, by Granting new Patents to them. But the Irish are a People that seldom bea● good Fortune with any Moderation or Temper, and the King and Council of England were mightily deceived, when they thought that Lenity and Commissions of Grace would oblige them to Loyalty and Obedience; on the contrary, it always makes them think the Government weak, and never fails to put them upon Action: So true is that of the Poet, Unguentem pungit pungentem Hibernicus Ungit, And just so it happened after this Commission of Grace; for on the 7th. of May, a Letter directed to Sir William Usher Clerk of the Council was dropped in the Council Chamber, Temple 2. which discovered a Conspiracy of the Earls of Tyrone and Tyrconnel, Macguire, O Cahan, the Lord of Delvin, and almost all the Irish of Ulster to surprise the Castle of Dublin, and Murder the Lord Deputy and Council, and to set up for themselves: Lib. C. They had sent a Baron to the Archduke's to solicit Assistance, and probably had employed some Body else to Spain, but as soon as they had Notice, that their Plot was discovered, the Earls of Tyrone and Tyrconnel, and the Lord Macguire fled beyond Seas to get Spanish Aid, 1607. and the rest did shift for themselves as well as they could; but some were taken and executed. And not long after Justice Sibthorp, and Baron Eliot attended by some of the King's Council, were sent into the Counties of Donegall and Tyrone; with a Commission of Oyer and Terminer, and so Indictments were found against these Conspirators, and all those that fled were Outlawed thereupon. But because those Earls did allege, Lib. M. that they were persecuted for Religion, and had been injuriously dealt with, the King on the 15th. of November 1607. published a Declaration, wherein he affirms, That they had not their Creations or Possessions by any Lineal or any lawful Descent, from Ancestors of Blood or Virtue; but were for Reasons of State preferred before others of better Quality and Birth in their Country, and Protests they had not the least shadow of Molestation; nor was there any purpose of proceeding against them in Matters of Religion, their Condition being to think Murder no fault, Marriage of no use, nor any Man valiant, that does not Glory in Rapine and Oppression; and therefore 'twere unreasonable to trouble them for Religion, before it could be perceived by their Conversation they had any, and that in all Matters of Controversy they were favoured, except in such Cases where they designed to Tyrannize over their fellow Subjects; that they did stir up Sedition and intestine Rebellion in the Kingdom, and sent their Instruments (Priests and others) to make Offers to Foreign States for their Assistance: And that under the Condition of being made free from English Government, they resolved also to comprehend the EXTIRPATION of all those Subjects now remaining alive within that Kingdom, formerly descended of English Race. In December 1607. The Lord Deputy and Council, sent Sir Anthony Saintleger Master of the Rolls, to the Lords of the Council in England, to inform them, that the Omores would by next May be transplanted from Leix into Munster; and that it was fit the O Connors should be so too; that the Lord Delvin must be severely persecuted, because frequent Pardons do encourage Irish Rebellions; that his Castle of Cloghou●er is taken, and so is his Son, and himself left as desolate as a Wood Ke●n, and to desire to be instructed what to do with those that refuse the Oath of Supremacy, and to inform that they have stopped the Quo Warrantoes; because the Corporations will submit to the Customs, if their Arrears be forgiven; that there is a great Propensity in the Irish at this time to Rebel; and that it were fit to send over Twenty thouthousand Pounds to lie dead for such an Accident; and that the King would be pleased to decide the great Controversy, between the Earl of Kildare and Sir Robert Digby, which is now ready for Sentence in the Castlechamber, and also to represent the State of that poor Kingdom, etc. But notwithstanding all the Care that was taken to keep the Kingdom quiet, 1608. the Hopes and Expectations of Aid from Spain, easily put the Rebellious Spirits in a ferment; insomuch, that Sir Cahir O Doharty Proprietor of Inisowen a Gentleman of great hopes, but of few years, not exceeding One and twenty, was (by Assurances from the Earls of Tyrone and Tyrconnel of speedy and effectual Aid) persuaded to begin the War; his main Design was upon Derry, which he surprised and burnt; Sullevan 210. he also Murdered the Governor Sir George Pawlet, and all the Protestants, except the Bishop's Wife that was ransomed; he also surprised Culmore and the Magazine there, Spretis centum argenti libris, quibus pseudo Episcopus eos redinere Cupiebat. and burnt Two thousand Heretical Books (as he called them) refusing to let them be redeemed for an hundred pound. And this Rebellion became the more formidable, because it was fomented and encouraged by the Priests, who affirmed, That all were Martyrs that died in the Service. But for the better understanding of this matter, it is necessary to inform the Reader, that Queen Elizabeth finding it convenient to plant a Garrison at Loghfoyle, made several Attempts to that purpose, but they all miscarried until Sir Henry Dockwra Landed at Kilmore or Culmore, and erected a small Castle there; and a Month after he took Derry without Resistance, and built two Forts and a good House there; but afterwards, viz. Anno 1617. that place was built by the Londoners, and became a fair and strong City, well known by the Name of London-Derry. This Sir Henry Dockwra also built the Castles of Dunalong and Lifford, and afterwards assigned the Government of Derry to Sir George Pawlett a Hampshire Gentleman, and the Command of Culmore, to Captain Hart a Man of great Courage. After Sir John O Dogharty's Death, his Son Cahir showing great Inclinations to the English; and being a Youth of great hopes, was not only Graced with Knighthood, and made a Justice of Peace and a Commissioner in most of the Commissions that came to that Country, but was also treated with all due Respect upon all occasions, and he on the otherside contracted an intimate Friendship with the Chief of the English, and particularly with Captain Hart Governor of Culmore, to whose Son he was Godfather, and to whom he had Sold Three thousand Acres of Land for ready Money. Hereupon Sir Cahir invited Captain Hart to Dinner, and he came accordingly with his Wife and the little Child (Sir Cahir's Godchild) and were liberally treated; but after Dinner Captain Hart was called aside, and plainly told by O Dogharty; that he had received Affronts from the English, and especially from Sir George Pawlett (who they say gave him a Box on the Ear) and was resolved to be revenged, and in order to it, he must have Culmore; which if the Captain would quietly surrender, he should receive no harm, but if not, than the Lives of himself, Wife and Child should pay for his Obstinacy; and thereupon several armed Men rushed into the Room, and kept a swaggering to make those Threats the more terrible; nevertheless Captain Heart's Courage was Proof against them all, and thereupon Sir Cahir ordered the armed Men to execute him. But in the Nick of time in came both their Wives; and Heart's Wife immediately fell into a Swoon at this dismal Spectacle: Whereupon the Lady Dogharty was exceedingly troubled, and dissuaded her Husband from this violent Course. Upon this, Sir Cahir sent his own Lady and Captain Hart into another Room, and only kept Hearts Wife and some few Soldiers with him, and as soon as she came to herself, he told her, that unless she would go along with his Soldiers, and get them a Peaceable entrance into Culmore, herself, her Husband and Child should be murdered; at which she was so terrified, that she submitted to the undertaking; and went with the Rebels to the Castle that Night, and told the Sentry a formal Story, that her Husband had broke his Leg: Whereupon she was without scruple admitted in by the Soldiers that knew her Voice; but the fatal Consequence of this Folly was the Murder of all the Garrison (not excepting her own Brother, who had come thither to see her) and the Plunder of all they had; so that she was utterly undone, altho' her Life and her Husbands was saved. Moreover being fledged with this Success, the Rebels about two a Clock in the Morning attempted the Fort and Town of Derry so surprisingly that they took them with little or no Resistance, May 1▪ 1608. and they Murdered the Garrison and the Governor Sir George Pawlett, and plundered the Town and burned it to Ashes; they also took the Bishop of Derry's Wife and Children, whom they kept Prisoners, and then proceeded to besiege the Castle of Lifford. Undoubtedly the Government well enough understood, that this Rebellion was designed to be the most general that had ever been in Ireland; Bellum statuit ducere usque ad adventum O Nelli, etc. quos a Christianis Principibus adjutos auxilio redituros sperabat. sulivan 210. and that the Confederates had better Assurance, or at least a stronger Expectation of Foreign Aid, than in any Rebellion heretofore; and that the Censures of Salamancha and Valledolid, had convinced all the Popish Clergy, of the Unlawfulness to assist a Heretic Prince or People against the Church, and therefore it was resolved in Council to nip this Rebellion in the bud, if possible; and accordingly Sir Richard Wingfeild was first sent with a Detachement to hold the Rebels in play, and was followed by the Lord Deputy and the rest of the Army: Nevertheless O Dogbarty held out five Months with various Success, and perhaps had done so much longer, * sulivan 212. Succours being coming to him from all parts of the Kingdom, if he had not been Slain by an accidental Shot, which ended this Rebellion with his Life: there were some of the Rebels taken and executed, who, Mr. sulivan says, died Martyrs for denying the King's Supremacy, and yet, he confesses, they were concerned in this Rebellion: So gross are the Cheats, which the Irish Historians and Priests do put upon their deluded Country men. The King was highly provoked at this Ingratitude of the Rebels, whom he had formerly pardoned and restored, and therefore caused such of them, as were alive, to be Outlawed, and both them and the rest to be afterwards attainted by Parliament; whereby part of the Counties of Donegall, Tyrone, Colerain, Eermanagh, Cavan & Armagh, containing 511465 Acres of Land, was forfeited or escheated to the Crown, and the whole was surveyed, and most part of it disposed of in the manner following, that is to say, To the Londoners, and other Undertakers 209800 The Bishops Mensall Lands 003413 The Bishop's Ter●ions and Erenacks 072780 The College of Dublin 009600 For Free-Schools 002700 To Incumbents for Gleab 018000 The Old Glebe's 002268 To Deans and prebend's 001473 To Servitors and Natives 116330 The Impropriations and Abbey-Land, etc. 021552 The Old Patentees and Forts 038214 To New Corporations 008887 Restored to Macguire 005980 Restored to several Irish. 001468 There hath been given already a short hint of the Commission of Grace, or, rather, the Commission for Remedy of defective Titles, and it seems there were several Commissions that had a Tendency that way, viz. To establish and secure the Subjects in the quiet Possession of the Estates they enjoyed; for on the 4th of June 1606, the King, by his Letters Patents dated at Hatfeild, did authorise and empower the Lord-Deputy, and other Commissioners, to Bargain, Sell, etc. any Manors, Lands, etc. forfeited, or otherwise belonging to the Crown, to any Person in Fee-Simple, and discharged of all mean Profits. And on the 15th of July following, a Proclamation was published to this effect, That if any Person, deriving Title since 27 Hen. 8. shall, before the 25th of July 1607, petition the Commissioners for a new Patent, he shall have one on an easy Fine, and without discovery of his Title. And that whereas a former Commission of the 19th of July 1605, impowered them to take Surrenders of those that held by Tanistry, and had no Title but Possession; if any such will make their Surrenders at any time before the said 25th of July 1607, they shall have new Patents granted to them immediately after such Surrender. And now, by another Proclamation of the 19th of June 1609, 1609. the Period of time was enlarged, and the Subjects were assured, that their Surrenders should be accepted, and Regrants should be made to them notwithstanding any Mesne Signiory, saving the Rents and Services to the Mesne Lords as formerly, and reserving the established Composition and Rent to the King. And because the Cities and Towns of Dublin, lib. F. F. F. 175. Waterford, Cork, Limerick, Tredagh, Galway, Wexford, Ross, Youghall, Kinsale and Knockfergus, had submitted to the King's Pleasure, as to the Customs and Poundage, his Majesty did, by Letters of the 3d of March 1608, order the Lord-Deputy to renew their respective Charters, with addition of reasonable Privileges: And about the same time the City of Waterford petitioned the Lord-Deputy, that they were oppressed and overburdened in finding Quarters for 100 Soldiers, whereas they ought not to find Quarters for more than 50. There were a great many Projects in England for the Plantation of Ulster; 1610. but many things that seemed speclous in the Theory, were afterwards found disadvantageous or impracticable. Sir Francis Bacon's Notion was signified by his Letter to the King, and is to be found in his Re●●scitatio, pag. 255. but it is not so exact as rest of that Great Man's Works: However, the Lands designed for the Undertakers were this Year disposed to them, and two Books of Articles were printed for their better direction; and it was particularly mentioned in their Agreements, That they should not suffer any Labourer that would not take the Oath of Supremacy, to dwell upon their Lands. But the incomparable City of London was the Soul and Life of the intended Plantation; and therefore the Lords of the Council in his Majesty's behalf entered into Articles with that City, the Twenty eighth day of January, 1609. to this effect. First, That Twenty thousand Pounds be levied by the City, Fifteen thousand Pounds of it to be expended in the Plantation, and Five thousand Pounds in clearing and buying Private Titles. Secondly, That Two hundred Houses be built at Derry, and room for Three hundred more, and Four thousand Acres profitable Land to be laid thereto; and that the Bishop and Dean shall have convenient Plots for their Houses. Thirdly, That a hundred Houses be erected in Colerain, and room for Two hundred more, and Three thousand Acres to be annexed thereto, and the King to maintain a Bridge for ever. Fourthly, That the whole County of Colerain be cleared by the City from all Claims, except three or Four Irish Freeholders', and the Bishop and Dean of Derry; and the City to have the whole Territories of Glancanken and Killetragh, and the Patronage of Churches. Fifthly, That the aforesaid Four thousand and three thousand Acres pay a Fee-farm Rend of Fifty three Shillings and four Pence, and be held in Free Burgages, and all the rest in Common Socage. Sixthly, That the City shall have all Customs, Tonnage, Poundage, etc. for Ninety nine Years, at Six shillings eight pence per Ann. and the Fishing of the Ban and Laghfoyl as far as it ebbs. Seventhly, The City to have liberty to transport Prohibited Goods growing on their own Lands, and the Office of Admiralty in the Counties of Tyrconell and Colerain. Eighthly, That no Flax, Hemp, Yarn, or Raw Hides, be transported from Derry or Colerain, without Licence of the City-Officers. Ninthly, That their Land be freed from all Patents of Privilege, and all Compositions and Taxes. Tenthly, That they have the Castle of Culmore, keeping a Ward in it. Eleventhly, That the Liberties of each Town shall extend three Miles each way, and shall have such farther Liberties as shall be thought fit on view of the Charters of London, Cinque-Ports, Newcastle, and Dublin. Lastly, That the King shall keep necessary Forces a convenient time, and that the City shall have Seven years to make demand of any thing reasonable and necessary, which cannot be now foreseen; and that an Act of Parliament shall pass to ratify these Articles, and the City to build sixty Houses in Derry, and forty in Colerain, with sufficient Fortifications, by November next, and to finish all by November, 1611. But afterwards, on the Twenty eighth of March, 1611. the Londoners finding that they could not possibly accomplish their Undertaking within the appointed time, petitioned the King that they might be permitted to proceed in their Buildings at Colerain, and leave alone Derry till the next Year; which was granted, provided they would finish Colerain that Summer, and fortify (or rather enclose) Derry. It seems the King and Council of England resolved to proceed effectually to the Reformation of Ireland, by making Laws, and by putting those that were made in execution, and by putting that Kingdom under a regular and methodical Government; and in order to it on the twenty fourth day of June, 1611. the Lord Carew was sent Commissioner to Ireland to inspect Affairs there, and to endeavour to lessen the Public Charge, and to enhance the King's Revenue, and to provide for a Parliament. He had Five Pounds a day allowed him from the twentieth of May, and Four hundred Pounds Impressed he received in England, and was to sign next to the Deputy all Orders of Council-board. And tho' the Lord Deputy complained that the Forts of Halbowling, Castlenipark, Duncannon, galway, and the Castle of Limrick, were not finished and repaired, and that the Londoners did not proceed to build at Derry, tho' they did at Colerain, and that it was necessary to keep a considerable Force in the Kingdom; nevertheless the Lord Carew and Council did proceed to lessen the King's Charge 13893 l. by reforming the Army, which they reduced to 176 Horse, 1450 Foot, and 123 Warders; contrary to the Deputy's Opinion, who was therefore traduced as partial to Military Men; and it seems that immediately the Fort of Castlenipark (that is▪ the Stonework of it) was built, and afterwards a Blockhouse was also erected down lower, and almost level with the Water; and they also settled the Customs in all parts of the Realm. On the thirteenth of July, 161●. the former Proclamation of the fourth of July, 1605. against Titular Bishops, Jesuits, Friars, etc. was revived, but so faintly executed, that I find mention only of the Titular Bishop of Down and four Friars to have been apprehended thereupon. There were also Orders issued to tender the Oath of Supremacy to all Magistrates, Justices of the Peace, and other Officers, and to displace those that would not take it. And in August there was an Inquisition by Jury to discover the Breaches of Articles made by the Planters and Undertakers in Munster, and particularly, Whether any Irish, contrary to the Plantation-Covenants, were permitted to inhabit or dwell on the Lands granted to the Undertakers? Moreover there was a general Muster of the Signiory-men, or English Inhabitants on the Plantation-Lands, at which no body was found so well supplied with British Tenants as Sir Richard boil, afterwards Earl of Cork; for there were mustered of his own Tenants at Tallow, Eighty Horsemen, One hundred eighty six Pikemen, Two hundred and fifty Shot, and Six Halberdiers. It is observed, That all the Goods and Merchandizes exported and imported this Year did not exceed the Value of 211000 l. and before this time there was so little Foreign-Trade, that Seven Years Customs (probably from the beginning of the King's Reign to April, 1609.) did amount to no more in the several Ports than as followeth, viz. l. s. d. Seven Years Customs in Wexford 36 08 10 Ross 53 10 09 Drogheda 215 02 08 Carigfergus 399 06 07 Youghall 70 00 00 Kingsale 18 02 03 Derry & Ballyshanon 35 03 10 Cork 255 11 07 Dingle 01 06 06 Waterford 716 03 07 Dublin 1890 02 01 Dundalk 65 19 06 galway 72 17 06 Limrick 141 09 06 Dungarvan 00 13 11 But it seems that this was only the Custom of Prohibited Goods, and the Three pence per Pound for other Goods, due by Common Law. But the Irish were very uneasy at the Plantation of Ulster, and therefore it was necessary to countenance and protect it with an extraordinary Militia in that Province; to support the Charge of which, the King, 1611. on the 22th. day of May, instituted the Order of Baronet's, which was to be Hereditary, and not to exceed the number of Two hundred; and every of them, upon passing the Patent, was to pay into the Exchequer as much Money as would maintain Thirty Men in Ulster for Three Years, at Eight pence a day. But if the Reader desires to know more of this Order, I must refer him to Selden's Titles of Honour, pag, 822. and 909. and The Present State of England, pag. 289. and Sir Richard Baker's Chronicle, ad Annum 1611. But there had not been a Parliament in Ireland for Seven and twenty Years past, since the Twenty seventh Year of Queen Elizabeth's Reign; so that it was high time to call one now; and the Ministers of State were at work to manage that Matter to the advantage of his Majesty, and the English Protestant Interest in that Kingdom, which they foresaw would be opposed with might and main by all those of the Popish Party; and therefore they proposed that an Order should issue for every Parliament-man to take the Oath of Supremacy, and that the Lords should declare their Suffrages openly, Content or Not content, as in England, and not rise and whisper in the Lord Chancellor's Ear, as was the Custom in Ireland; and that the King should find some Pretence to send for some few of those Noblemen that would most briskly oppose his Intentions, as Henry the Eighth had formerly done; and particularly, that the Lord Courcy might not be suffered to sit in the House, because his Ancestors were called by Writ, and so his Honour being in Fee-simple, did descend to Daughters, who were Heirs-general of his Family; and that the Lord Shrewsbury's Titles of Honour in Ireland were not * Contra adjudged, 4. Inst. cap. Ireland. forfeited by the Act of Absentees, and therefore he might have a Voice in that Parliament, or make his Proxy; and that for the Credit of the Business, the Lord Deputy might be Ennobled before the Parliament sat. But some of these were not practicable, and the rest not thought fit to be done at that time. But I must not forget to take notice of a necessary Office in those days, though now it be obsolete, viz. the Interpreter to the State, which was enjoyed by Thomas Cahill, with an Annual Salary of 26 l. 6 s. 8 d. In September the Lord Deputy published a Proclamation of the intended Parliament, and thereby invited the Subjects to exhibit their Grievances, and to consider of Proposals for the Public Good, to be passed into Acts; and he also signified his Majesty's gracious Intentions to erect some new Corporations, for the better Encouragement of the Plantation of Ulster. And it seems that the Government was thenceforward employed about the Plantation of Ulster, and the Preparation of Bills to be passed in the approaching Parliament, and in erecting of some new Corporations, viz. Belfast, Charlemont, A●trim, Bandon, Cloghnikilty, Tallow, Newry, Lifford, Donegall, Ballyshanon, Theme, Eniskilling, Traly, Athy, by'r, Kilmallock, etc. The Bills that were designed to be made Acts of Parliament, were, 1. An Act to cut Paces, and mend Highways. 2. To extinguish Uses, and suppress fraudulent Conveyances. 3. That Sale in Market overt should not alter Property of Stolen Goods. 4. For the Enrolment of Deeds of Bargains and Sale, and for Conveyance of Land. 5. To try Accessories in Foreign Counties. 6. To reduce Peremptory Challenges to Twenty. 7. To enable Tenant in Tail to make Leases. 8. To deprive some Criminals of Benefit of Clergy, as in England. 9 For making Linen Cloth, sowing Hemp and Flax. 10. For Trial of Pirates. 11. To Re-edify Cathedral Churches, and to remove some of them to galway, Dingle, Carigfergus, Newry, Wexfo●d, Cavan, etc. 12. To restrain Ecclesiastical Persons from Alienating, etc. 13. Against Pluralities, Nonresidence, or Simony. 14. Against Receivers and Harbourers of Jesuits, Serminary Priests, etc. 15. And sending Children beyond Seas. 16. Against Idle holidays. 17. To expel Monks, Friar●, Nuns, etc. 18. To give the King all Chantries and other Superstitious Uses. 19 To establish the Compositions. 20. For the Attainder of the Earls of Tyrone, Tytconel, and others. 21. To revive and perpet●ate the Impost of Wines. 22. To Naturalise Manufactures. 23. To resume all Immunities to Corporations from Customs. 24. That those Attainded of Treason in England, shall forfeit their Estates in Ireland. 25. An Act of Recognition. 26. To abolish the Brehon, Law, and Tanistry, and Irish Exactions. 27. Artificers Apprentices to be Freemen in any Corporation. 28. Against Idlers and Vagabonds. 29. The Barony to answer the Stealth, unless they can tract it farther. 30. That Bastards take the Name of the Mother, and that it be Felony to lay it to any Man. 31. No Man to keep a Woman as a Wi●●, and turn her away at pleasure, on pain of One Years Imprisonment: And if any Authorized Priest do divorce, it to be Felony. 32. Against Usury above Ten per Cent. 33. To empower Judges of Assi●● to raise Taxes for Court-houses and Goals. But in November 1612▪ 1612. the Popish Lords dissatisfied with these Proceed, wrote a joint Letter to the King; complaining that the Bills to be passed in the next Parliament were not Communicated to them; they also complained of the new Corporations, and that the Oath of Supremacy was tendered to Magistrates, and they insinuated the Danger of a general Revolt; and concluded, that if the Laws about Religion were repealed, a firm and faithful Subjection would be established in their Minds; and on the 17th. of May 1613. the Popish Lords did Petition the Lord Deputy to the effect aforesaid, adding nevertheless some stubborn and unseemly Expressions, and questioning the King's Prerogative in erecting new Corporations, or calling by Writ new Lords to Parliament; and they affirmed, some of the new Burroughs were unfit to be incorporated, and they excepted against the Castle of Dublin for the place of Session; and the rather because the Ammunition being there, they might be in Danger of being blown up; and they were troubled at the Lord Deputies Guard, as that which they said was designed to keep them in Awe, and terrify them into Compliance. But these were but vain Pretences, Lib. C. for they well enough knew that the Guard was but 100 Men, as was usual and Customary; and that it was impossible to blow up the Papists, but that the Protestants also, and perhaps the City of Dublin must have likewise been destroyed; on the contrary, the Papists were so far from being afraid, that they were very tumultuous, and came to Dublin in vast numbers to frighten the Government: The Lord Gormanstowne was amongst the most Seditious and unruly; he was one of the forwardest in disturbing the Lord Deputy with importunate and impertinent Petitions, and refused to carry the Sword before him to Church; he had formerly mis-behaved himself before the Lord Duputy at the time of the Gun-powder-Treason, and he quarrelled with the Lord Barry in the Deputies Presence; and the Lord Roch, Delvin, Trimletsowne and Slain were not less troublesome; Sir Walter Butler, Girald Nugent, Sir Thomas Burk, John Moor, Richard Wadding, and Boetius Clancy had their share in these Seditions; and Thomas Lutterell had the Confidence to make Comparisons with the Earl of Thomond, even in the Lord Deputies Presence. But it will be pertinent to our Design, O sulivan 237. and not unpleasant to the Reader; to hear O sulivan give an Account of this Parliament, which he says was observable for the Cruelty of the Protestants, and the Civil resistance of the Catholics: And first he tells you, That when the Senate meddles with Religion, it becomes a wicked Conventicle rather than a Parliament; that the Old Irish Grandees, had Hereditary Voices in Parliament long before the English Conquest, but are now denied them, unless they have English Titles, which alone makes the English Parliament in Ireland void, since the principal Members are excluded: The Catholic Bishops are served in the same manner, and the Heretical Usurpers of their Sees and Titles, vote in Parliament in their stead. The Protestants thought the Advancement of those Laws, which they had made against Christ in England, to be the readiest way of suppressing the Catholic Religion in Ireland, if they could get them Enacted here; but knowing the Catholics would be most numerous in Parliament, they used all imaginable Artifices of force and fraud, to get Protestants unduly returned, they Elected their new Colonies into Burroughs and Counties, to increase the number of Heretical Parliament men; they made small Villages into Corporations, and made Porters, Barbers and Strangers Burgesses for those Corporations, and caused four Ministers to represent the Clergy of every Diocese; nevertheless many Irish Gentry were chosen, whom the People (Men womans and Children) desired, to take Care of Religion, assuring them, That all should be void, that should be Enacted against the Catholic Faith; and when the day came, most of the Irish Gentry (though not Parliament men) came to Dublin, that they might be ready there upon the place, where their highest Concern, viz. Religion was to be debated; lest perhaps any thing should happen contrary to Expectation. The Catholics were troubled, because they could not find out what was to to be treated of in Parliament; till at length they got sight of a Bill to expel the Catholic Clergy, and the Titles of eleven Bills more, viz. 1. For the building a convenient Prison for Noble Men, in the Castle of Dublin. 2. For disarming Idlers. 3. About O Murroughs Lands. 4. Against Marriage between Irish and Scots (I suppose, says he, for fear they should join against the English) 5. For banishing Hamilton and Wart; if they refuse the Oath of Supremacy. 6. That the Salaries be continued to the new Pensioners, tho' they refuse the Oath. 7. For the distribution of the Money forfeited by Recusants. 8. That the Children of Noble Men be sent into England. 9 That stubborn Corporations shall lose their Franchises. 10. The Recusants shall pay two Shillings a Sunday. 11. For the more Cautious issuing of Excommunications (for before that, sulivan 241. English would kill an Excommunicated Catholic, says he,) But the Cathalicks resolving, to resist even to Death, thought of two ways: First, To hinder the meeting of the Parliament if possible: and Secondly, If it met, not to receive, or admit of the Heretic Parliament men, because not Inhabitants in the Towns that chose them: And with this Design they went to Dublin, where all the Catholic Clergy also went to encourage the Gentry in this Holy Resolution. On 18th. May 1619. Caecos diaboli ministros. The Parliament met at the Castle of Dublin; and first, the Lord Botevant carried the Sword before the Deputy to Church, to hear the blind Ministers of the Devil; and that being over when they came to the Castle, the Guard disarmed the Nobility and Gentry as they entered, but some resisted and did not part with their Arms, and others that did, ●ad other Arms secretly about them. No sooner they State, but the Soldiers were drawn into a Body in the Yard, to terrify the Catholic Members, who in the upper House were less in number then the Protestants; however resolved rather to die (which they expected) then to forsake the Catholic Religion; but if they had died for it, The Gentlemen and Citizens then in Dublin assembled from all parts of the Kingdom, had certainly revenged their Deaths; and now the Eyes even of the English Irish were open, and they cursing their former Folly, in helping the Heretic, would have repaired it by a hearly Conjunction, with the Old Irish now 〈◊〉 And afterwards he says, That when the Papists refused to sit in the Parliament, the Deputy did not dare to proceed without them; not did he dare to force them, because the Papists had many Friends in Town ready armed; and the Deputy feared a General defection if he had proceeded my farther, and then he says, the SOUNDER part of the Clergy always opposed the Attaindure of O Neal O Donell, etc. And the Archbishop of Tuam wrote a notable Letter against it, but the worse part of the Clergy (he means those of English Extraction) persuaded the Popish Members to Consent to that Act; but it is time to leave this whilsting Fellow, and return to the true History of this Affair. The Lord Deputy having Notice, that several Papists that were not duly chosen, Lib. C. nor returned Members of Parliament did nevertheless intent to intrude into the House; did on the 17th. day of May (being the last day of the Term) cause Proclamation to be made in the four Courts, that all those who knew themselves to be duly Elected Parliament then, should attend the Lord Deputy and Council at Three a Clock that Afternoon at the Castle; and accordingly most of them came: Whereupon the Lord Deputy and Council (sitting in the open Court of the Castle) caused the Chancery Clerk of the Crown, to call over the Names of those that were returned to serve in the approaching Parliament; and that being done, they caused Proclamation to be made, that no Body should presume to come into the Parliament House, but such as were returned as aforesaid. And 〈◊〉 on the next day, 1613. being the 18th. day of May, the Parliament met; and the Lords House was supplied by the Earls of Kildare, Ormond, Thom●●● and Clanrick●●d● and Viscounts of Buttevant, Form●●, Gormansto●●●● Mountgarrets and Tullagh and the Barons of Athenry, Kingsale, Kerry, Slain, Killeen, Delvin, Dunboyn, Houth, Tri●●etsowne, Poer, Cahir, Dunsany, Louth, Upper Ossery, Castle Connel and 〈◊〉: Besides Twenty five of Protestant's Archbishops and Bishops that were present; and the House of Commons consisted of Two hundred thirty two Members, whereof about Six were absent, so that of sitting Members One hundred twenty five were Protestants, and 〈◊〉 were P●pists. But the List of the Commons being called over by the Clerk of the Crown: No others, but such as were returned as aforesaid, were suffered to enter the House of Lords, to hear the Lord Chancellor's Speech; but that being ended, the Commons were ordered to their own House to choose a Speaker, whom they were to Present to the Lord Deputy the Friday following; and the Lord Deputy told them, that the King had recommended a Speaker to them, one his Lordship thought beyond exception, and should be named to them by some of the Privy Council, when they should come to their House. And accordingly the House being sat, Sir Thomas Ridgway Vice-Treasurer, and Treasurer at Wars, made a storid Speech; and in the end proposed Sir John Davis for their Speaker, and that he was the Man the King and Deputy thought fittest for that Office, which was answered with a great Acclamation of Consent: Hereupon Sir James Gough stepped out disorderly into the midst of the House, and offered to make a Speech there; but being ordered by the House to go back to his place and speak there, he did so, and then (straggling from the Matter in question, which was the Choice of a Speaker,) he alleged, that the new Corporations had no Right to choose; nor could any Body not resident, or inhabiting in any Corporation be chosen Citizen or Burgess of it; and therefore desired that Matter might be examined; but concluded nothing as to the Speaker, till being demanded for whom he gave his Voice: He answered for Sir John Everard (late one of the Judges of the Kings-Bench; but being an obstinate Recusant, was by his Majesty's special Orders removed.) Gough was seconded by Sir Christopher Nugent, and William Talbot late Recorder of Dublin; who moved to the same Effect, that the House should he first purged of illegal Members, before they proceeded to the Choice of a Speaker: Sir Oliver Saint John Master of the Ordnance replied, That he knew by, experience in sundry Parliaments in England, that the Course and Usage was first to choose a Speaker, and then to settle Committees and examine Elections; and that in their proper Season, all Disputes about Elections or returns should be decided according to 〈◊〉 and to the Satisfaction of all good Men; and concluded in 〈◊〉 of Davis, and gave his Vote for him. Hereupon the House was in a confusion: Some crying Davis, others 〈◊〉 but this noise being over, Sir Oliver Saint John said, It was the Usage of Parliament to decide Controversies by Questions, and Questions by Votes; that the Affirmative party usually 〈◊〉 out of the House, and the Negative stayed behind▪ and so he 〈…〉 were for Sir John Davis to follow him out, 〈…〉 to the number of One hundred twenty five. The Treasurer and Marshal 〈…〉 Sir Christopher 〈◊〉 and Sir Christopher Nugent to join with them in numbering each Party on the contrary, those in the House gathered themselves into a 〈◊〉, that so they could 〈…〉; however the whole number of the House 〈…〉 Two hundred thirty two, where of Six were absent, it was manifest that Sir John Davis had the Major Vote; the Papists knowing this, thourght to gain their point by a Trick, and therefore whilst the Protestants were numbering without, the Papists within that the Door, and pretending themselves (because Actually fitting in the House to be: the House of 〈◊〉 they unanimously chose 〈◊〉 and 〈…〉 The Protestants being returned, 〈…〉 contemptuous Proceeding, and declared the Election of Davis and desired 〈◊〉 to leave the Chair, but 〈…〉 still and thereupon Sir Oliver Saint John told him, that if he would not come out, they should be obliged to pull him out; and accordingly the Treasurer and Marshal did take Davis, and fet him in the Chair on Everand's Lap; but Everard continued obstinate, and therefore, the Treasurer Master of Ordnance and others did gently remove him, and did place. Davis in the Chair, although Sir Daniel O Brian, and Sir William Bank endeavoured to keep him in: Hereupon all the Papists departed the House into an outward Room (for the outer Door was shut, by Orders of the House on their first sitting) and Sir John Bleverhasset, and Sergeant Beer being sent to them, to desire their return to the House, were answered, that they would not return, but would appeal to the Lord Deputy; then Mr. Treasurer, and Sir Henry Power went to them again, and Mr. Talbot in the Name of the rest told them, That those within the House were No House; nor their Speaker No Speaker, but that They were the House, and Sir John Everard, their Speaker, and they would complain to the Lord Deputy and the King: After this Sir John Davis began his Speech, to excuse himself, etc. but Sir William 〈◊〉 and Sir Christopher Nugent interrupted him, and rudely rushed in, to call for the Keys of the outer Door; and being ordered to take their Places, they refused, and contempruously went out again; and the outer Door being opened, all the Papists went out, and protested they would return to the House no more. On Friday after, the House sat, to the number of 130, whereof 14 Privy Counsellors; and the Lord-Deputy sent for Mr. Marshal and the Master of the Ordnance, and told them, That William Talbot had been with his Lordship and received Commands, that the Papists. should return to the House; and that Talbot had desired an hours time to return an Answer; and that his Lordship had given time till Three in the Afternoon; and therefore desired, that the Commons would send their Sergeant at Arms to summon the Recusants, to be at the House at that time; but the House refused to send their Sergeant at Arms, because the Recusants had appealed to the Deputy: so they risen, and met again at Three a Clock, but no Papists came near them, and therefore they went by themselves to the Deputy, and presented their Speaker; and being asked, whether they were the greater number of the House, and unanimous in the Election: They answered in the Affirmative, so their Speaker having made the usual Speech, was approved of; and then he made an excellent Discourse about Parliaments in general, and This in particular, and then the Commons went to their own House, and adjourned to the next day. In the mean time, on the 19th. of May the Popish Lords wrote a Letter to the King full of Complaints, of the strange and preposterous Proceed (as they termed it) about the Speaker; they expressed their Passions with moving Epithits, styling their Sedition Pins dolour, and Justa-Iracundia; they did not vouchsafe to give the Parliament that Name, but called that Assembly, An intended Action; they also called the New Burroughs Titul● sine re, and sigmenta sine rebus; nor did they spare to reffect on the Persons of some of the new Burgesses of the new Corporations, and even to intimate some Menaces of Rebellion, and in a manner delineated and described how it would be Imanaged. And the same day, the Papists of the House of Commons did likewise write to the Lords of the Council in England, about the new Corporations; and the wrong done their Speaker Everard, and they exaggerated their Complaints to that degree, as if their Extremities and Sufferings were so strange and so intolerable, that they wanted Words to express or Patience to bear them; and they laid all the blame on the Principal Officers and Counsellors of State: And on the twentieth of May the same Men petitioned the Lord Deputy to dispense with their Attendance in the House of Commons, because they were afraid of their Lives; and they desired he would show them by what Authority those sat in the House that were now in possession of it; and they demanded to have a sight of the King's Letters, the Grants and Charters of the New Corporations, and of the Returns of Elections. And the next day, being the 21th of May, they petitioned the Lord Deputy again, importing, That if they might be secure of their Lives, and have the Benefit of the Law, and that the Returns may be rectified, that then they would repair to the House and present the Speaker: All which the Lord Deputy granted and promised; and thinking that they sincerely meant as they spoke, his Excellency went to the Upper House, in expectation that they would join with the rest of the Lower House, and attend him with the Speaker: But in stead of that, on the same day they petitioned again, That the new Burgesses might be first excluded, and not admitted into the House, till their Case was debated and determined; although they well enough knew, that what they proposed was unpracticable, until, first a Speaker was settled. But their Business was to baffle and avoid this Parliament, if possible; to effect which, they little mattered what vain Pretences they made use of: And therefore though the Lords had nothing to do with the Lower House, yet to make a Clamour, as if they had been wonderfully abused they also petitioned the Lord Deputy the same 21th, of May, to the effect aforesaid; and in their Petition asserted, That the Lord Deputy's Commission did not authorise him to make New Corporations; and concluded with a Request to be excused from attending the Parliament, and to have leave to wait on the King in England. The Deputy told them, That the Affairs of the Lower House did not concern them, and therefore commanded them to attend their own House, and to proceed in a Parliamentary way to the Business of the King and Kingdom: But they persisted in their Obstinacy, and on the 23th. of May they sent him a Writing in the Form of a Petition; whereby they positively refused to come to Parliament, until the King should take some better order to settle Matters as to the Lower House; for though the Houses were distinct, yet they made but One Body, and were but One Parliament; and they protested against all Laws that should be made in their absence, and that if any be made, the Subjects will reject them as disorderly and unjustly enacted●▪ And this was followed with a Petition of the Commons, on the 25th, of May, wherein in a very saucy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations, and for their Charters and the Returns of all the Elections, and for a Copy of his Commission to hold that Parliament, and for Licence to send Agents to England, to acquaint the King with their Complaints. Nevertheless, the Lord Deputy by Proclamation commanded them to their respective Parliament houses, to pass the Act of Recognition of his Majesty's Title; assuring them, that no other Bill should be read that Session: And he also sent a Messenger to every Lord particularly, to Summon him to attend the House: But the Commons were so far from complying, that on the same day, viz. the 26th of May. they presented him with a Petition Recognising the King's Title, but utterly refusing to sit in the House, unless their Speaker Everard might be approved, and the new Burgesses rejected. And the next day the Lords did in like manner by Letter Recognize the King's Title, but refused to come to their House until the Affairs of the Lower House were rectified and settled. Nevertheless, both the Popish Lords and Commons had such a great Attendance, and there was so great a Concourse at Dublin from all parts of the Kingdom, (which probably did wait but for some Pretence to be in Action) that the Government did not think fit to imprison any of the Mutineers, but took a wiser Course, by adjourning the Parliament, that so his Majesty's Pleasure might be farther known. The Recusants lost no time, but sent over Agents to the King, and levied a Tax upon the People to bear their Charges, altho' the Deputy published a Proclamation to prohibit any body to contribute to the Charge of the Agents, or to levy any Tax for that purpose; and assured the People, that the Agents went over for their own private Business, or Caprichio, and not for the Public Good. Nevertheless, it appears by the Examination of John O Drea and Donough O Drea, Lib. T. T. 175. taken upon Oath before Sir Laurence Parsons, that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman, and Five shillings of a Gentleman; and that the Lords Barry, Roch, and others, carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin, to instruct them how to behave themselves there, and that there was a Dispensation brought over from the Pope by Friar Thomas Fitzgirald, unto the whole Kingdom of Ireland, or rather all the Papists in it, authorising them to forswear themselves in all Matters moved unto them by the Protestants, provided they do it equivocally, Ita quod interna ment● secus opinentur, and that the Deponent saw and read it. It seems that the King, who was of a peaceable temper, and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot, and Two hundred and twelve Horse, was willing to end this Matter in the mildest manner he could, and received the Irish Agents kindly; and the better to inform himself in this Affair, he sent for the Lord Deputy into England, and ordered him to substitute Lords Justices, Doctor THOMAS JONES Lord Chancellor, Sir RICHARD WINGFIELD Marshal, who were sworn the Fourth of March, 1613. 1613. They had little to do in Ireland, because by the Presence of the Lord Deputy and the Irish Agents in England, that Kingdom was become the Scene of Irish Affairs, which were so well managed by the Lord Deputy, that the King was fully convinced of the Seditious Designs of the Irish, and therefore on the 21th day of April, at the Council-Tale at Whitehall, he made the following Speech before the Irish Agents. MY LORDS, THese Noblemen and Gentlemen of Ireland are called hither this day to hear my Conclusion and Determination in a Cause of great consequence, Lib. C. which hath depended long in Trial. Thus far it hath had Formality; for it is a Formality that Kings hold in all Processes of importance, to proceed slowly, to give large Hear, and to use long Debate, before they give their Sentence. These Gentlemen will not deny that I have lent them my own Ear, and have showed both Patience and a Desire to understand their Cause at full: It resteth now, that we make a good Conclusion, after so long Debate. It is a good Rule to observe Three Points in all weighty Businesses; Long and curious Debate, Grave and mature Resolution, and Speedy Execution. The First is already past; the Second is to be performed this day; and the Last must follow as soon after as conveniently may be. I promised to these Noblemen and Gentlemen of the Recusant Party of Parliament, Justice with Favour; let them see whether I have performed my Promise: Sure I am, but for performance of that Promise, I should not have given such a patiented Hearing, nor made such a curious Search into the Causes of their Complaints; neither should I make such a Conclusion as I am now like to make of this Business. In the Search (tho' I doubted not of the Honour and Justice of the Lord Deputy's Government) yet I dealt not with him as with my Servant, not as with one the most unreprovable Governor that ever was in that Kingdom (as some of yourselves have acknowledged him to be to myself) but as with a Party: But after the Commissioners had heard all that could be alleged, I found him indeed a faithful Servant by their Certificate, which was Conclusio in Causa. The Gentlemen I sent were such as no Exception could be taken against them: Some were never there before; some, so long since, that rerum facies fuit mutata, since they lived in that Kingdom. It rests in me now to set down my Conclusion; but before I declare my Judgement, I will speak of some things offered by you the Recusant Half-body, which are called Parliament-Becusants. I have heard of Church-Recusants, but not of Parliament-Recusants; this Difference was never before heard of. First, The Letter you sent unto me in the beginning of the Parliament was full of Pride and Arrogance, wanting much of the Respects which Subjects own to their Sovereign. Now if I should do you Justice, I should take you at your Word, lay together your Offer in your Letters, and the Articles which my Attorney laid open unto you; then shall you see your Case. For you made offer, That if you failed to prove any one Point of that which was contained in your Complaint, you would renounce my Favour in all; ☞ yet have you scarce proved a Word true; but, on the other side, almost every Point hath been proved contrary. Of Fourteen Returns whereof you complain, but Two have been proved f●lse; and in the Government nothing hath been provad faulty, except you would have the Kingdom of Ireland like the Kingdom of Heaven. But commonly Offenders are most bold to make Offers of their Innocency; for they (being in passion) begin in heat, and continue in heat; but when they see themselves in the Glass of their own Vanity, they find their Error, And this I have found in my own Experience in Scotland, and since my coming hither. Now I will divide my Speech into Two Parts; touching the Offences done by you, and your Complaints against the State and Government. To the First, An unusual Favour was offered you by my Deputy▪ for he sent for you, and advised you to consider what Laws were fit to be propounded for that Commonwealth, and offered to concur with you. Your Answer should have been Humble Thanks on your Knees; but you neglected that Favour, and answered by your Agent in the name of the rest, That you would first be made acquainted with such Bills as the Deputy and Council there had resolved to transmit. Before the Parliament, there was sent to me by a few Men a Letter rash and insolent, That nothing should be pursued in Parliament, but you should be acquainted with it; and withal threatening me with Rebellion in a strange fashion, with Similitudes unsavoury and unmannerly, and unfit to be presented to any Monarch; and after that, you did nothing but heap Complaint upon Complaint, till the Parliament was sat down. The Parliament being sat, you went on with a greater Contempt: There were in the Lower House Two Bodies, and but One Head; a greater Monster than Two Heads upon One Body. And whereas you should have made an humble and dutiful Answer to the Commendation which I made of a Speaker, you the Recusant-party (being the fewer) when the greater Number went out to be numbered, shut the Door, and thrust one into the Chair as a Speaker manu forti. After this, the Recusants of both Houses depart from the Parliament. The like was never heard of in France, Spain, or any other Kingdom of Christendom. Then come Petitions to the Deputy of a Body without a Head, a Headless Body: You would be afraid to meet such a Body in the Streets: A Body without a Head to speak; nay, half a Body; what a Monster were this, a very Bughear! Methinks you that would have a Visible Body Head of the Church over all the Earth, and acknowledge a Temporal Head under Christ, ye may likewise acknowledge my Viceroy or Deputy of Ireland. Then did the Deputy give you warning to come to the Parliament, to pass the Bill of Recognition, but that you put it off with Tricks and Shifts, which thing I will urge no farther; but why should the Lords refuse to come, they had no colour of Absenting themselves, having nothing to do with the Orders or Disorders of the Lower House, the Lords here, and the Lower House, are▪ as great Strangers in those Matters, as the Parliament Houses of Spain and France; neither had the Recusants of the Lower House any just Cause of Defection, since an Indifferent Committee was offered to them. This was such an ill Example, and such a Crime, to refuse to appear at the King's Summons, as if you shall advise with Lawyers upon it, I know not what it may import: After this, hither you came, and only your Appeal to me hath inclined me to Mercy, yet I speak not this to encourage your Complaints to be brought hither, when the Deputy and State may determine them, though this being a Matter of Parliament, was fit for the King's Hearing, and your Appeal, hath been heard and heard usque ad Nauseam. And whereas it should have wrought Humility and Thanks, the Fruit hath been, that (I will not say in a preposterous, but) in a Rebellious manner, you have heaped Complaints upon Complaints, and Petitions upon Petitions, not warranted with any Truth, to make the more noise; whereas you should have looked back to your own Miscarriages. Then I sent Commissioners to examine, as well the By as the main Business, which you first presented to be the Cause of your Appealing to me, but, in stead of Thanks for that Favour, there came yet more new Complaints, which, because the Council here have already answered, I will not speak of. Now, if you look back to your own Miscarriage, and my Lenity, you shall find; that your Carriage hath been most Undutiful and Unreasonable, and in the next degree to Treason, and that you have nothing to fly to but to my Grace. The Lower House here in England doth stand upon its Privileges as much as any Council in Christendom, yet, if such a Difference had risen there, they would have gone on with my Service notwithstanding, and not have broken up their Assembly upon it: You complain of Fourteen false Returns, Are there not many more complained of in this Parliament, yet they do not forsake the House for it. Now, for your Complaints touching Parliament Matters, I find no more amiss in that Parliament, than in the best Parliament in the World; Escapes and Faults of Sheriffs there may be, yet not them proved; or if it had been proved, no cause to stay the Parliament, all might have been set right by an ordinary Course of Trial, to which I must refer them. But you complain of the new Boroughs, therein I would fain feel your Pulse, for yet I find not where the Shoe wrings. For, First, you question the Power of the King, Whether he may Lawfully make them? And then you question the Wisdom of the King and his Council; in that you say, There are too many made: It was never before heard, that any good Subject did dispute the King's Power in this point. What is it to you, whether I make many or few Boroughs; my Council may consider the fitness, if I require it; but what if I had made Forty Noblemen, and Four hundred Boroughs, the more the merrier, the fewer the better Cheer. But this Complaint, as you made it, was preposterous, for in contending for a Committee before you agreed of a Speaker, did put the Plough before the Horse, so as it went on untowardly like your Irish Ploughs; but because the Eye of the Master maketh the Horse fat, I have used my own Eyes in taking a view of those Boroughs, and have seen a List of them all, God is my Judge I find the new Boroughs, except one or two, to be as good as the old, comparing Irish Boroughs new with Irish Boroughs old; (for I will not speak of the Boroughs of other Countries;) and yet, besides the necessity of making them, like to increase and grow better daily; besides, I find but few erected in each County, and in many Counties but one Borough only, and those erected in fit Places near Forts or Passages for the Safety of the Country: Methinks you, that seek the good of that Kingdom, should be glad of it. I have caused London also to erect Boroughs there, and when they are throughly planted, will be a great Security to that part of the Kingdom; therefore you quarrel with that, which may bring Peace to the Country, for the Persons returned out of those Boroughs, you complain they have no Residence, if you had said they had no Interest, it had been somewhat, but most of them have Interest in the Kingdom, & qui habent interest, are like to be as careful as you for the Weal thereof. I seek not Emendicata Suffragia, such Boroughs as have been made since the Summons are wiped away at one word for this time; I have tried that and done you fair Play, but you that are of a contrary Religion, must not look to be the only Lawmakers; you that are but half Subjects, should have but half Privilege; you that have an Eye to me one way, and to the Pope another way; the Pope is your Father in Spiritualibus, and I in Temporalibus only, and so have your Bodies torn one way, and your Souls drawn another; you that send your Children to the Seminaries of Treason; strive henceforth to become FULL Subjects, that you may have Cor unum, and ulam unam, and then I shall respect you all alike; but your Irish Priests teach you such grounds of Doctrine, as you cannot follow them with a safe Conscience, but you must cast off your Loyalty to your King. Touching the Grievances whereof you have complained; I am loath to spend Breath in them, if you charge the inferior Ministers of the Country, all Countries are subject to such Grievances; but if you charge the Deputy and State nihil probatur: Indeed I hear (not from you, but from others,) there is one thing grievous to the Country; that notwithstanding the Composition established in the Provinces, the Governors there do send out their Purveyors, who take up their Achates, and other Provision upon the Country; if this had been complained of to the Deputy, or to me, it had been reform, the Deputy himself at Dublin, doth not grieve the Country with any such ●urden. Another thing there is, that grieveth the People, which is that in the Country, where there is half Peace and half War; the Sheriffs and Soldiers in their passage do commit many Extortions. For these Grievances I myself will call the Deputy unto me, and set down such Orders in this time of Vacation, as these Abuses▪ shall be redressed and clear taken away; and if any such disorder he suffered hereafter, it shall be only for fault of Complaining; and because the meaner sort will perhaps fear to complain, I would have such Gentlemen of the Country, as are of best Credit, to present Complaints, which they may do in such manner as the Parties who prefer the Complaints may not be known. There is a double cause, why I should be careful of the welfare of of that People: First, as King of England, by reason▪ of the long Possession the Crown of England hath ha● of that Land; and also as King of Scotland; for the ancient Kings of Scotland are descended of the Kings of Ireland; so as I have on Old Title as King of Scotland, therefore you shall not doubt to be relieved when you Complain so as you will proceed without Clamour. Moreover my Care hath been that no Acts should be preferred that should be grievous to that People; and to that end I perused them all except one▪ that I saw not till of late, that is now out of Door; for I protest I have been more careful for the Bills to be passed in that Parliament, then in the Parliament of England. Lastly, For Imputations that may seem to touch the Deputy, I have found nothing done by him; but what is fit for an honourable Gentleman to do in his Place, which he hath discharged as well as any Deputy did, and divers of you have Confessed so to me; and I find your Complaints against him, and the State, to be but causeless Expostulations. To conclude, my Sentence is, That in the matter of Parliament, you have carried yourselves tumultuarily and undutifully; and that your Proceed have been rude, disorderly and inexcusable, and worthy of severe Punishment; which by reason of your Submission I do forbear, but not remit, till I see your dutiful Carriage in this Parliament; where by your Obedience to the Deputy and State, and your future good Behaviour, you may redeem your bypast miscarriage, and then you may deserve not only Pardon, but Favour and Cherishing. Hereupon they were all dismissed, and the Lord Deputy having O Dogharty's Estate in Inisowen given to him by the King for his good Service, was sent back with Directions to hold the Parliament, and so on the 27th of July 1614 Sir ARTHUR CHICHESTER, Lord Deputy to Ireland; and held the Parliament on the 11th. day of October, to which day it had been Prorogued; and now were the Recusants at a stand for some invention or other, to delay the Proceed of this Parliament; but could not find any other than a very simple Pretence, That the Lord of slain aught to take place of the Lord of Kerry▪ and hereupon great Contests did arise, and tho' it was formally determined on the 11th. of November 1614 by the Lord Deputy and Council, by Virtue of a special Commission; yet the Lord of slain being egged on by others of the discontented Lords, desired are hearing, which was granted; and on the 18th. of the same Month, there was a second Debate, which produced the Confirmation of the former Se●●●nce, in favour of the Lord of Kerry; but notwithstanding that, the Lord of slain being persuaded by the Lord of Delvin and some others of the Pale continued obstinate, and refused to Sat in the House, unless he might have his right place; but at length being charged upon his Allegiante to appear in the House, he did submit though very unwillingly. The Arguments urged by the Baron of Slain were. 1. That his Predecessors were from the time of Henry the Second, styled Barons of slain. 2. That in all Records they are named before the Lords of Kerry, and particularly in a Record in the time of Edward the Second, 3. That the Lord of Gormanstown had precedence of the Lord of Kerry, at the Parliament 48 Edw. 3. and the Lord of slain took place of him. 4. The Lords of Kerry, from 50 Edw. 3, to 1. Henry the Seventh, never served the Crown, nor held any Correspondence with the Government; and therefore forfeited their Dignity. 5. That the Lord of Kerry was indicted of Rebellion, 42 Elizabeth, and pleaded his Pardon last Term; so that his Call to the Parliament is quasi a new Creation. The Lord of Kerry answered to the first, That Hussy Fippo and others that held per baroniam of the Palatines, or Lords of Leinster, were styled Barons of Galtrim, Skrine and Bergy, yet were not really Lord Barons, because they did not hold their Lands immediately from the King. To the Second, That it is false; and that there was no Regular Parliament in Ireland, till 12. Edw. 3 Ergo, No Lord of Parliament till that time; That the Lord of Kerry was there, and so was not the Lord of slain, besides the Lord Slain held his Barony of a Subject Bartholomew Burghese, one of the Heirs General of Hugh de Lacie; whereas the Lord of Kerry held his Barony of the King in Capite. To the third, it is denied that the Lord of Gormanstown was at that Parliament of 48 Edw. 3. To the fourth, That it is false, and is objected because the Records of those times are lost, but if true, makes nothing in this Case▪ and it is notorious, that in the Parliament, 33. Hen. 8. and 3. and 4. Philip and Mary, the Lord of Kerry had his right place. To the fifth, that the Lord of Kerry was not Attainted▪ but being impeached was Pardoned, and so he forfeited nothing▪ and if he had not an ancient Right to Sat in the Parliament, the Lord Deputy could not Summon him a new, having received no Orders from the King to do so. But that which was most remarkable in this Trial was, That one Velden came in and deposed, that on St. George's day 1594, in the Cavalcade at Killkenny, the Lord Slain had Precedence of the Lord of Kerry, and his Horse was accordingly led before the others Horse; but this 〈◊〉 Witness was contradicted by the Lord Chancellor, the Earl of Thomond, the Lord Dunboyn, and the Marshal▪ all which affirmed that they were then at Killkenny (which Velden Confessed) and they protested that the Lord of Kerry was not there at all. And so the next Year, viz. in January 1615. the Earls of Suffolk, Paenox, Lib. G. Worcester and Pembroke; who by Commission excented the Marshal's Office in England, did confirm the Sentence in Ireland; and by their Letter to the Lord Justices determined the Lord of Kerryes' Claim to be just. This rub being removed, the Parliament proceeded to business, and notwithstanding the insolence of the Popish Lawyers in the House of Commons, and all the Obstructions they could give, these following Bills were at last passed into Acts, viz. 1. An Act of Recognition, reciting that Ireland which before his Majesty's Access to the Crown, had been subject to 〈◊〉 Rebellions, Rapines and Oppressions, was by his Majesty's gracious Government 〈◊〉 to better Order; and that he has established his Government in the Hearts of his People, by the General Proclamation of 〈◊〉 and 〈◊〉 Actions for Trespassis done in the War between Subject and Subject, at his first coming, by his special Charters of Pardon by Name freely granted to many Thousands by remitting many great Debts, 〈◊〉 of ●ent, and Forfeitures, and by strengthening defective Titles, and regranting the Lands to them on Surrenders▪ by erecting Court-houses, and enlarging the number of the judges and by 〈◊〉 a Civil Plantation in the forfeited Paris of Ulster, (formerly the Ne●● of Rebellion) to the great Security of the Commonwealth. 2. An Act that all Crimes committed 〈◊〉 the Sea, or within the Jurisdiction of the Admirally, shall be Tried in any County according to the Rules of the Common Law, by Commission to the Admiral or his Deputy, and Three or Four more, or any Four of them. 3. An Act for taking away Benefit of Clergy in certain Cases. 4. An Act for the Attainder of the Earls of Tyrone and Tyrconell, Sir Cahir O 〈◊〉, and several others. 5. An Act to Repeal some former Acts prohibiting Trade or Commerce with the 〈◊〉 Enemies, or to Marry or Foster with them, and commanding to seize them as 〈◊〉. 6. An Act of Repeal of a former Statute against bringing in, retaining, or marrying with Scots. 7. An Act for Repairing and Mending Highways and Cawseys, etc. 8. An Act for avoiding Private and Secret 〈◊〉. 9 An Act of Oblivion and General Pardon. 10. An Act for One Subsidy: Analact. Hib. lib. 2. Which amounted to no more than 26042 l. and yet the Irish complained of it as a heavy Tax, tho' they did not pay above two thirds of it at most. S●ptima mobilum, imobilium vero anui proventus quinta pars. And so the Parliament was by Proclamation dissolved in October 1615. This Year also was held a Convocation at Dublin, which established Articles of Religion in 104 Paragraphs or Sections; and among them the Nine Articles agreed on at Lambeth, November 20. 1655. are almost verbatim to be found. Because of the 〈◊〉 of some Popish Lawyers in the House, they were not permitted to practise in Michaelmas Term; whereupon the Lord of Rylline and Sir Christopher Plunket petitioned the Lords of the Council in England, That the Statute of 2 Eliz. does not extend to the Lawyers; that they had spent their Time and Patrimony in Study, and they and their Predecessors have done acceptable Service to the Crown, in encouraging the ignorant Multitude to embrace the Freedom and Fruition of the Common Law, which in comparison of the 〈◊〉 Law is of inestimable value unto them: Besides, 'tis prejudicial to their Clients, who have acquainted them with their Evidences, some of which have neither English Language, nor Money to employ or instruct others; and that it would force them to breed their Children abroad, Secondly, That the Statute of 2 Eliz. is illegally executed, viz. by Indictment; so that the Fees are five times the Penalty of the Statute, and so two Punishments for one Thing; and in stead of Twelve pence▪ Fine designed to the Poor, Ten shillings is exacted by Clerks and Officers for Fees: Besides, the Forfeiture being appropriated to the Poor, the Clerk of the Peace has no Right to intermeddle. Thirdly, That the Judges of Assize do 〈◊〉 into all Forfeitures since last Assize, whereas there are Sessions 〈◊〉 wherein perhaps the Party has been punished, and so may be punished twice. Fourthly, That the Ministers do exact Money for Marriages and Christen, though they don't officiate; and the Ordinaries exact great Sums for Commutation of Penance: And in all these Particulars they pray Relief. By Virtue of the King's Letter, of the 12th of April 1615, a Commission issued to inquire into his Majesty's Title to the Counties of Longford and Letrim; whereupon a Jury was impanelled, and the Inquisition returned, that the Territory of Annaly (now the County of Longford,) containing Nine hundred and Ninety Cartrons of Land was, by King Henry the Second, granted to Hugh de Lacie, who built Castles, and planted English there; and that they were ousted by the O Feralls in the time of Edward the First; and that Faghan O feral surrendered that Territory to Queen Elizabeth the 13th of November, in the Twenty ninth Year of her Reign, and that her Majesty regranted it to him 20 Decemb. 30 Eliz. Proviso, the Patent to be void, if the Queen had any other Title than that Surrender, and it finds the Statute of Absentees. And by another Inquisition taken about the same time, it appears, that the Brehny (i e. the County of Letrim,) was, by King John, given to Walter de Lacie, who likewise planted it with English, which were afterwards violently dispossessed by the O Rourks' and Mac Grannells; and that O Rourk had three Legitimate Sons, and six Bastards, that Teige, one of his Bastard Sons, succeeded him in the Estate, and that he had Issue Teige, who had Issue Daniel now living; and that Brian, Second Son of O Rourk, had Issue Sir Brian, who surrendered that Territory, and agreed to take out a Patent, but never did it: He was executed in England, and it was his Son Teige that submitted, and took out a Patent, Anno 1603. And this Teige married Mary Daughter of Hugh mac Manus O Donell, whose two former Husbands (Sir Moylmurry mac Swiny, and Sir Donell O Cohan) were still living, by whom the said Teige had Issue Brian, and died; and whether Brian be a Bastard or not, Juratores predict▪ ignorant. And the like Inquisition was found about the Territory of Ely O Caroll, whereby it appeared, that that Signiory, containing Ninety three Plow-lands▪ was surrendered to Edward the Sixth, who regranted it to Teige O Caroll, and made him Baron of Ely; and he dying without Issue, his Bastard-son Sir William O Caroll intruded, and surrendered to the Queen 28 July, 20 Elizabethae, and had it regranted to him in Fee-simple; and that he died, leaving one Daughter, Joan, Mother of Redmond Burk, pretended Baron of Letrim; that Sir Charles O Caroll, Bastard-son of Sir William, intruded, and that Joan released to him; but he dying without Issue, Moelroony mac Teige, another Bastard-son of Sir William's intruded, and married Margaret O Dwin (whose first Husband, Tirlagh Ballagh O Co●nor, was then living) and by her had Issue John O Caroll; and whether he be a Bastard or not, ignorant. In the latter end of August came over a Commission bearing date the Fifth of that Month, under the Great Seal of England, impowering and authorising the Lord Deputy and others, or any Seven of them Quorum, the Deputy to be one, to Bargain, Sell, and Conclude, for any the King's Manors, Lands, Tenements, and Hereditaments, Spiritual or Temporal, within the Realm of Ireland: Whereupon many People past Patents, wherein was reserved a small Quitrent, and a Halfpenny an Acre for Waste-land after it be made Arable, and Relief as amongst Common Persons. The Patentees had free liberty to transport the Produce of the Land to any Part of England or Wales; and they had a Clause of Exoneration from Cess, Cudyes, Coin, Livery, Cuttages, Resections, Kearne●y, Cosnery, Gilletinny, and Gillecon, and all Impositions, except Royal Compositions and Rise out. About this time another Plot was discovered to Sir Thomas Phillips of Lemavaddy, 1615. by one Teige O Lenan▪ It was contrived by Alexander Mac Donell, Bryan Cross O Neal, and other principal Irishmen in Tyrone and Tyrconnell; the Design was to seize Charlemont, and other Forts in Ulster, and to murder the Protestants there and elsewhere, whilst the chiefest of the Nobility and Gentry were at the Parliament; and they were promised considerable Aids from France, Spain, and Rome. Mr. sulivan tells us, sulivan 269. That this Lenan was a Criminal Gamester▪ bribed by the Deputy to this Service, which is their common Pretence when the Fact is Sworn; for he confesses, that Lenan gave Evidence against them, and that they were by Jury convicted, and that Bryan O Neale▪ Art O Neale, Roger O Cahan, Jeofry O Cahan, Alexander Mac Surly▪ Patrick O More, Con O Kahan, and two Priests, were executed for that Treason. Regiminis Ang. in Hib. defensio adversus Analect. Pag. 54. But Doctor Rives assures us, that both Bryan O Neale, and Roger O Cahan confessed it in the very same manner and order as Lenan had discovered it. And in Dececember Sir Oliver Lambert was sent to the Island of 〈◊〉 to reduce some Scots that were troublesome and Seditious there; which he performed by taking the strong Castle of Dunaveg, Lib. C. and other less considerable places. And soon after it seems, that the Lord-Deputy went into England, to give his Majesty a full account of his happy and successful Administration of the Government; for I find he was created Lord Baron of Belfast on the 23th of February 1615, and perhaps then made Lord High Treasurer: THOMAS JONES, Archbishop of Dublin, Lord Chancellor, Sir JOHN DENHAM Lord Chief Justice of the King's Bench, were Sworn Lords Justices on the 11th of February: 1615. The Archbishop was the worthy Ancestor of the Lords of Ranelagh▪ And Sir John Denham was the first that raised any Profit to the Crown from the Customs in Ireland, which were Let for Five hundred Pounds the first Year; and before his Death, (which happened the 6th of January 1638,) they were improved to that degree, that they were farmed at Fifty Four thousand Pounds per Annum. But the Papists beginning again to grow very insolent, it was necessary to hasten the new Lord-Deputy thither, and therefore on the 30th of August 1616. Sir OLIVER SAINT JOHN (afterwards Viscount Grandison▪ 1616. was sworn Lord-Deputy; he behaved himself briskly against the Papists, who were at that time very high in Ireland; Mr. sulivan says, He was a Bloody Man, and that he swore he would, in two Years, banish all the Priests; and that he levied 600000● from the Papists for Fines and Forfeitures for not going to Church, and that in Dublin only; he imprisoned Ninety Citizens for denying the King's Supremacy; all which is notoriously 〈◊〉, And about the same time a most Scandalous lying Book was published, Entitled, Annalecta Hiberniae; written by David Rooth, Vicar Apostolic, at the Instigation and Charge of the Lord M—: And stuffed with innumerable Lies and malicious Accusations of the King's Government in Ireland; and yet dedicated to the Prince of Wales, which is a high strain of Impudence and Folly, to dedicate to the Son Reflections and Scandals upon the Father; and as if that Author intended to mock the Son, as well as to abuse the Father; and that his Dedication to him should pass for nothing, he has added another Dedication, by way of Appeal, to all Foreign Emperors, Kings and Princes; wherein he avers, That the Irish look for nothing, but that the King would use them like a King, i. e. not like a Tyrant; and when I have added that, he compares the King to Julian the Apostate and Cajus Caligula, and the Englishmen to Dogs and Wild-Beasts. I have said enough of the Spirit and design of that malicious Author. The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done, and two things were resolved on to humble them; one was to banish all their Regulars, which did in great numbers swarm almost every where in that Kingdom: And the other was, to suffer no Magistrates or Officers, but what should take the Oath of Supremacy according to Law; and in order thereunto, there did issue a Proclamation against the Popish Clergy on the 13th of October, 1617. Anno Dom. 1617. And afterwards, on the 5th of March 1617., Donogh Earl of Twomond, Lord Precedent of Munster, and Sir William Jones Lord Chief Justice of Ireland, did (by Virtue of a Commission under the Great Seal, bearing date the 23d. of January 1617.) seize on the Liberties of Waterford, and all their Rend Rolls, Ensigns of Authority, and their public Revenues, which amounted to Three Hundred and Four Pounds Ten Shillings per Annum, and kept Assizes in the City for the County of Waterford. The cause of this Seizure was, because Nicholas White (who from Michalmas 1615. to the 20th. of October than next following, did exercise the Office of Mayor of Waterford) did on the 20th. day of October 1615. refuse the Oath of Supremacy, being then tendered to him by the Lord Precedent, by Virtue of a special Commission to that purpose; and that upon his refusal, the City Elected John Skiddy, who Acted as Mayor till the 1st. of May 1616. and then refused the same Oath, being tendered to him by the Lord Precedent; whereupon the City chose Alexander Cuffe, and swore him Mayor on the 27th. of May, who likewise on the 8th. of July refused the aforesaid Oath of Supremacy before the Lords Justices; whereupon he forbore to Act any farther in the Mayoralty, and so it stood till the 1st. of April 1617. at which time Walter Clear was sworn Mayor, and so continued. Moreover, the City had no Recorder since the Death of Nicholas Walsh, Anno 1615, and yet in January 1616; there was a Goal Delivery held before the said John Skiddy without any Recorder, and one William Person was then Condemned before him, and afterwards by his Order executed for Felony: And it appeared, that the Statute of Elizabeth of Uniformity, had not been given in Charge in their Sessions at Waterford for Two years past; and all this was found by Inquisition, taken the 5th. day of September 1617. In the mean time, there were sharp Contests between several great Families in Ireland about their Inheritance; Lib. F. F. F. 199. the one was between Katherine Lady Power, who was Heir General to the Deceased Lord Barry, and the than Lord Barry, Viscount Buttivant; and that was happily Composed by the King's Mediation, and the Marriage of the Lord Barry, with the Lady Power's Daughter; and the other was between Walter Earl of Ormond, and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond, who died Anno 1614 Their Case is to be found the very last Case, in my Lord Hobert's Reports, and was referred to the King, who Anno 1618. made his Award, and divided the Estate between the contending Parties; but the Earl of Ormond thought that Distribution so unequal, that he refused to submit to it, and therefore endured a long Imprisonment, and many other Hardships from the Court; but after his Death that Controversy was also happily Composed by the Marriage of his Grandson the young Earl of Ormond, with the sole Daughter, and Heir of the Lady Dingwell; and that happy Couple improved that divided and shattered Estate, to be the greatest and best belonging to any Subject in the King's Dominions, and are well known to the World, by the Names of the first Duke and Duchess of Ormond. In the Year 1620. 1620. The famous Doctor Usher was made Bishop of Meath; and not long after, there arose a Dispute between the Archbishop of Armagh, and the Bishop Elect of Clogher, about the Exercise of Jurisdiction before Consecration, but after some Expostulations the Controversy was peaceably Composed. The Year 1621. 1621. was famous for the Congregation de Propaganda fide then Erected at Rome; the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose, and in the same Year Thomas Viscount Thurles, Father of the first Duke of Ormond was drowned. It was in this Year that the King to mortify some of the most active Members of the House of Commons, that had fallen under his Displeasure, resolved to send them into Ireland; and therefore a Commission under the Great Seal of England, was directed to Sir Dudley Digs, Rushworth 55. Sir Thomas Crew, Sir Nathaniel Rich, and Sir James Perrot, and others, to inquire of sundry Matters concerning his Majesty's Service in Ireland, as well in Point of Government, Ecclesiastical and Civil, as of Revenue; and to inspect the State of the Kingdom, and propagate Religion, settle the Government, and improve the Exchequer. The Pretence of this Commission was, the many Complaints of the Irish against the Lord Deputy, not that there was any just occasion for those Accusations, but that it is always their Custom to complain of any Governor, That is a good Protestant, and a good Englishman (as this Lord Deputy was in perfection) and is therefore to the last Degree hated and scandalised by the Irish Papists; and it is no wonder it should be so, for their Interests are Diametrically opposite to that of an English Protestant, and therefore it does necessarily follow, that whoever Is faithful to the English, will be odious to the Irish, and subject to their Clamours and Contempts, However, the Lord Deputy was not wanting to his own Vindication; and therefore wrote to the King, that he met a Cloud of malicious Enemies, instead of good Subjects; and that even some of the Privy Council were Spies upon him, and took occasions to lessen him, tho' they had no other Provocation for doing so, but his Examination of a certain Patent, according to his Majesty's special Order, and his righting the Church against their Depredations. And tho' the King in Answer, August, 1621. assured him, That his Reputation stood without blemish; and that his Majesty had sent him some Propositions, which he was ordered to observe; yet the Deputies Enemies not only prevailed to have the aforesaid Commission of inspection issued, but having gained that Point, they urged that the Commission could not have any considerable Effect, whilst the Lord Deputy continued in the Government; and therefore procured, that a Successor should be named, and that being also accomplished in the Choice of the Lord Viscount Falkland: The Lords of the Council on 25th. of January did advise the King (by Letter) to recall the Lord Deputy immediately, and to appoint Justices, till the new Deputy could go over; but the King from N●wmarket on the 28th of January Answers, That it were dishonourable to serve one in that eminent Station so unkindly, without a Crime; and that the new Deputy will be there, before the Commissioners can be ready to enter on Business; and with his own Hand adds this Postscript, It was never wont to be my Fashion to disgrace any Ancient Minister of mine before he were heard. To this the Lords of the Council on the Tenth of February reply, That they design no Disgrace to the Lord Deputy, nor do propose but what is usual, and what was done on the removal of the Lord Chichester. The King answered again, That it was so done in the Case of the Lord Chichester, because he had not resolved who should be the Successor. However, the Lords of the Council prevailed; and tho' the Lord Deputy did on the Ninth of February, 1621. writ to the Duke of Buckingham, (That he is content Public Proclamation should be made, That if he had done any wrong, he might suffer for it, so confident he was of his Innocency; yet he suspected the Design of the intended Commission was to scandalise him, and to that end the Commissioners were partial▪ and therefore desires, that i● the Bent of that Commission be against him, then indifferent Men should be employed; and if only Public Good were designed by it, that then he might be one of the Commissioners) yet he could not prevail in any of his Requests, but was in May following removed; tho' he was afterwards found not only Innocent, but so deserving, that he was soon after his Return created Viscount Grandison of Limbrick in Ireland, Baron Trogose of Highworth in England, Lord High Treasurer of Ireland, and Privy-Counsellor of both Kingdoms. ADAM LOFTUS Viscount ELY, 1622. Lord Chancellor, RICHARD WINGFIELD Viscount POWERSCOURT, were sworn Lords Justices on the Fourth day of May, and soon after received a Letter of the 29th of May from his Majesty, ordering them to allow the new Lord Deputy Falkland his full Entertainment, and all Perquisits, etc. from the day the Lord Grandison surrendered the Sword, abating thereout for themselves at the Rate of 2000 l. per Annum for the time till he receives the Sword; and that the House and Grounds of Kilmainham, and the Port Corn, be likewise reserved for the New Lord Deputy. And it seems that these Lords Justices had seized the Lord Grandison's Papers after his removal; for on the Eighteenth of June the King sent them a Letter to restore the Papers to that Lord's Servants; and another Letter of the Twenty fourth of October was sent to the new Deputy, to pay the Lord Grandison 230 l. for the Charges of his Voyage to England. And on the 24th. of July the King reciting, That by a former Patent of the Second of November, 1620. he had granted unto Sir William Irwing Two third parts of the forfeited Recognizances of Alehouse-keepers, which his Majesty did intent to resume, he therefore order the Lords Justices to accept of Sir William's Surrender, and in lieu thereof, and for his Services, to grant him the Fifth part of all the Profit of Ale-Licences for▪ Twenty one Years, commencing from the making of the Act of State for paying Three shillings six pence for every Licence. But these Commissioners that went to Ireland were very busy in enquiring into the Misgovernment that was so loudly and bitterly complained of; but they found by experience, Rushw. 17●. that too many of the Irish will complain without Cause: However, they published new Instructions in print, for the more orderly Government of the Courts of Justice; and did declare, That for the future the Council-Table should not administer an Oath in Matters of Interest, or Title, or in Complaints between Party and Party, but should keep itself within its proper Bounds; and afterwards, November 7. 1625. a Proclamation was published to the same Effect. These Commissioners did also make an Estimate of the Revenue, and thought that it might be improved to 17067 l. 6 s. 8 d. more than it was, in Harps (i.e. Ninepences pieces, stamped with a Harp on one side, which passed for a Shilling in Ireland, so that Twenty shillings Irish was but Fifteen shillings Sterling) but how much they were mistaken in their Computation, will appear by a Table of their Estimate, and an Account how the Revenue stood Anno 1632. 1622. 1632. First, They supposed that the Officers of the Presidency might be paid out of the Profits of their respective Courts; and so there would be saved per Annum 2657 l. 6 s. 8 d. But the Profits of those Courts do not amount to near that Sum; and whatever they be, are answered to the King, and included in the Green-wax Money hereafter mentioned. Secondly, That by reducing doubtful Rents to a Third part, it would make that Third part an easy Rent to the Subject, and certain to the King; and so 1800 l. doubtful Rents would be per Annum 600 l. Those doubtful Rents are so managed, that in Munster they have yielded 180 l. per Annum, and in Conaugh 11 l. 17 s. 3 d. but we can make nothing of them in Ulster. Thirdly, That the Composition in Munster is diminished, and so many Lands are concealed as would yield per Annum 229 l. 14 s. 4 d. The last Composition was settled by Indenture Anno 1604. since which many Undertakers have recovered some of the Lands liable to Composition, and they pay a greater Patent-Rent, and therefore the Composition abates pro tanto. Fourthly, That the Composition of Conaught is defective 500 l. per Annum. It was always incertain, because Waste-land did not pay but whilst it was inhabited: It was Anno 1622. 3569 l. 13 s. 9 d. Irish; but since most part of Letrim (which paid 138 l.) is escheated to the Crown, so that the remaining Composition of that County is but 26 l. 13 s. 4 d. but the new Patent-rents are 1175 l. 18 s. 0 ½ d. and the whole Province pays 3526 l. 11 s. 8 d. Irish per Annum, which is less than it was Anno 1622. Fifthly, The Composition of Twomond is abated per Annum 40 l. It paid then 687 l. 2 s. 2 d. and since is increased 1 l. 11 s. 0 ½ d. and no more. Sixthly, The Undertakers of Ulster, for Breach of Covenants, may be raised per Annum 2000 l. They are raised 1212 l. 9 s. 4 d. from Easter, 1630. Seventhly, The Rents of New Plantations in the King's County, and Queen's County, not yet in Charge, per Annum 500 l. They come to 603 l. 10 s. 2 d. Eighthly, That an Increase of Rent may be advanced on new Leases; and the Composition of the County of Wicklow, after Sir William Harington's death, will be per Annum 200 l. It is so. Ninthly, The Court of Wards may be improved per Ann. 1700 l. It yielded then 3365 l. 2 s. 2 d. and Anno 1629. it advanced to 7000 l. but because of the Graces granted 1628. it is diminished above half. Tenthly, That the Royal Fishings may be set for 500 l. per Annum. Not yet set. Eleventhly, That Respite of Homage might be improved 50 l. per Annum. It was then 92 l. 4 s. 3 d. it is now 244 l. 15 s. Twelfthly, That his Majesty's part of the Customs may be advanced above what they yield now, to 2500 l. per Annum. They were then 9686 l. 0 s. ● d. and are now 11050 l. out of which there are considerable Deductions. Thirteenthly, That the profit of the Seals, and Fines on Original writs, and the Half-fees on Latitats, would yield 200 l. per Annum more than they did. Then they yielded 373 l. 5 s. now 482 l. 12 s. and the Latitats 74 l. Fourteen, That Felons Goods would communibus Annis advance 50 l. Anno 1622. they amounted to 66 l. 2 s. 10 d. and this Year to 232 l. Fifteenthly, That the Green-wax Money might increase 4000 l. per Annum. It was then 2006 l. 11 s. 1 d. it is now 4398 l. Sixteenthly, That Fines in Star-chamber might advance 1000 l. per Annum. Anno 1618. they amounted to 2246 l. but now decrease; because whilst the Six score thousand Pound is paying, Juries are not fined for not presenting Papists. Seventeenthly, That First-fruits and Twentieth pa●●● may raise 300 l. per Annum. The Twentieth part is certain 695 l. 13 s. only some not yet rated, for which Commissions are gone out; and the First-fruits are casual. Eighteenthly, That the Rent of Carrigfergus will be per Annum 40 l. But it is not payable till the Walls are finished. By this Calculation which in some things is under, but in most is over the right Mark; it will appear that these Commissioners, tho' they were learned, active and wise Men; yet being Strangers to Ireland, they were at a loss in managing that Kingdom, as probably all Strangers will be, That do not consult the Inhabitants of that Country, and how the Conduct of these Commissioners in Matters of Government, was relished by the Earl of Strafford, may be read Rushworth 171. But it is time to leave them and attend HENRY CARY, Viscount Falkland Lord Deputy, who was Sworn on the 8th. day of September, 1622. at which time Bishop Usher preached before him, on Rom. 13. He beareth not the Sword in vain, and in his Sermon advised, That if his Majesty were pleased to extend Clemency to Recusants; that yet they might not be suffered, To give the Protestants public Affronts, nor to take Possession of their Churches before their Faces; the reason of his saying so was, because the Friars of Multifernam were erecting a new Abbey at Molingar; and because that Mr. Anchor going to read Prayers in a Church of his in Westmeath, found an old Priest, and forty People with him in the Church, who were so bold to bid Mr. Anchor depart until the Priest had done his Business. However, the Papists took such Exceptions at this Sermon, and made such a noise about it (as if the Bishop had advised, that the Sword which had been so long born in vain, should now be exercised to their Destruction;) That how groundless soever this Clamour was, the Bishop was fain to Preach an Explanatory Sermon to appease it. This Year there happened a dreadful Fire in Cork, which consumed the greatest part of that City; and on the 8th. of March the King sent a Letter, to make Malcolm Hamilton Archbishop of Cashell, and Bishop of Emely, and to Grant him in Comendam the Chancellorship of Down, and the Parsonage of Davenis, and to give him the Profits that accrued in the Vacancy. And the like Order was sent to make Archibald Hamilton, Bishop of Killalla and Ardconry; and on the 10th. of March Sir Edward Villars was made Lord Precedent of Munster, in the room of the Deceased Earl of Thomond. In the time of this Lord Deputy, several Popish Magistrates that had refused the Oath of Supremacy contrary to the Stat. of 2. Eliz. c. 1. were censured in the Star-Chamber on the 22d. of November 1622; 1622. at which time Bishop Usher made that Excellent Speech about the Lawfulness of that Oath, which is published in his Answer to the Jesuit Malone; 1623. and on the 21st. of January, 1623., there issued a Proclamation against the Popish Clergy, Secular and Regular, ordering them to departed the Kingdom within Forty days; after which all Persons were prohibited to converse with them: And on the 21st. day of March 1624. Doctor Usher was made Archbishop of Armagh. And thus stood the Government of Ireland, during the Reign of King James, which ended by his Death at Theobalds', on the 27th. day of March 1625; having in his Life-time created the Irish Nobility hereafter mentioned, viz. February, 23d. 1603. Rory O Donell Earl of Tyrconnel. February, 23d. 1615. Sir Arthur Chichester Baron of Belfast, since Earl of Donegal. July, 14th. 1616. Brabazon Baron of Ardee, since Earl of Meath. September, 29th. 1616. Sir Richard boil Baron of Yough-hall, afterwards Earl of Cork. May, 25th. 1617. Ridgeway Baron of Galenridgeway, since Earl of London-Derry. July, 20th 1617. Moor Baron of Melefont, since Earl of Drogheda. Septem●er, 6th. 1617. Touchet Earl of Castlehaven, and Baron Orior. February, 17th. 1617. Lambert Baron of Cavan, since Earl of Cavan. Ibid. Bourk Baron of Brittas. May, 8th. 1618. Hamilton Baron of Strabane. January, 31st. 1618. Blunt Baron Mountjoy, Ex. June, 29th. 1619. Mac Donald Viscount Dunluc●, since Earl and Marquis of Antrim. February, 19th. 1619. Sir Richard Wingfeild, Viscount Powerscourt. July,— 1620. Preston Earl of Desmond, Viscount Dunmore, Ex. May,— 1621. Dockwray Baron of Culmore, Ex. Ibid. Blany Baron of Monaghan. March, 1st. 1621. Henry Power, Viscount Valentia, Ex. Theo. Butler, Viscount Tullagh. THE REIGN OF CHARLES I. KING OF England, Scotland, France, AND IRELAND. CHARLES the only surviving Son of the Deceased King James, 1625. by undoubted Right succeeded his Father in all his Dominions, on the 27th. day of March 1625, and was accordingly Proclaimed the same day, and on the 23d. day of June following, he was Crowned at the Abbey of Westminster with great Solemnity; and as to Ireland, HENRY Viscount FALKLAND was continued Lord Deputy, and other inferior Officers likewise were confirmed in their respective Places; but the Affairs of England being not a little out of Order, the Irish took advantage thereof, to be very high and insolent at home; to which they were much encouraged by the Bull of Urban, the 8th. of the 30th. of May 1626. to the English Catholics; exhorting them rather to lose their Lives then to take (Noxium illud & illicitum Anglicanae fidelitatis Juramentum, 1626. quo non Solum id agitur ut fides Regi servetur, P. W. Remonstrance, 11. sed ut sacrum Universae Ecclesiae sceptrum eripatur Vicariis Dei Omnipotentis) that pernicious and unlawful Oath of Allegiance of England, which his Predecessor of happy Memory, Paul 5th. had condemned as such. Hereupon it was found necessary to increase the Army, to the number of Five thousand Foot, and Five hundred Horse, the Charge whereof amounted unto 64240 l. 1 s. 2 d. which was more than the King's Revenue, out of which the Civil List was nevertheless to be paid; so that it was necessary to find out some other Bund, for the support of the Army; and until that could be done the Lord Deputy and Council, on the 14th. of September, by their Letters did recommend several Troops and Companies of the Army, to the Counties and Towns of the Kingdom, to be maintained for three Months, and so from three Months to three Months, until the last day of March 1628.; and this whole Charge or Encumbrance on the Country, was estimated at 36951 l. 6 s. 7 d. ½, and in the King's Letter of the 22d. of September, 1626. to raise this Army; and that the Country should maintain it with Money, clothes and Victuals; his Majesty promises in lieu thereof, to Grant certain Graces to the Country, and particularly to suspend the Composition. But the Gentlemen that were Agents from Ireland, did to ease the Kingdom from that oppression offer to pay 40000 l. a Year for three Years, in the nature of three Subsidies; and to pay it quarterly from the first of April, 1628. which was accepted of, and the same was Paid accordingly, until the first day of October, 1629. On the 16th. of May, 1626. 1626. The King reciting a Complaint of Sir Samuel Smith's against the Lord Chancellor, and that there was difference between the Lord Deputy and Chancellor. 1. Because the Chancellor refused to Seal some Patents offered to him. 2. Because he denied to appoint Judges for Circuits, when thereunto required by the Deputy. 3. Because he refused to appoint Justices of Peace, at the Lord Deputies Nomination; and made one Justice of the Peace against his Express prohibition, to which, the Lord Chancellor made Answer: That in the first Case, there was matter of Equity, Convenience of State, and Question in Law unresolved; and that in the sesond Case, he had directions in the time of King James; and that in the third Case, it was the Privilege and Jurisdiction of his place. Therefore the King orders, That the Chancellor bear fitting respect to the Lord Deputy, who is his Majesty's Representative; and as to the Matters in Debate, if the Chancellor refuse to Seal any Patent in question for Reasons of State, that the Cause be debated in Council; and if then they think it fit, and the Chancellor still refuses, till he has appealed to his Majesty (as he may) it shall be at his Peril, if the State suffer by his delay; if the Question be in Law, that the Judges decide it, and if the Chancellor be not satisfied therewith, he ought to appeal to the King for farther Directions; and particularly about the Patent for Tanning Leather. As to the Second, if the Chancellor will not appoint Judges as the Lord Deputy desires, that then it be referred to the Council-board; and their Sentence be definitive as to that. And as to the Third, the Chancellor will not refuse to make any Man, a Justice of the Peace recommended by the Lord Deputy; if he does, that then the Order of the Council-Table shall govern that Matter; and in all these Cases, it becomes the Chancellor to repair to the Deputy, and acquaint him with his Reasons whenever he refuses. And as for Sir Samuel Smith's Complaint, his Case was, that he had the sole Nomination of those that should be Licenced to Sell Aquavitae; and did set that Privilege to one Miagh for the County of Cork, the King appoints the Chief Justice, Chief Baron, and Sir John King to Arbitrate that Matter, and to make Reparation to Miagh, whose Patent must be called in; because he is an infamous Person, and unfit for that Trust, and a new Patent for that County must be Granted, to whom Sir Samuel Smith shall name. In the same Month of May, the King sent an Order to the Lord Deputy, to make a Lord High Steward, etc. for the Trial of the Lord of Dunboyn by his Peers, upon an Indictment found against him in the County of Typerary, for killing a Man; and in January after, the Earl of Marleburgh, Duke of Buckingham, and the Lords of Pembroke, Dorset, Grandison, Conway, and Carlton, and Sir Richard Weston, were made Commissioners (or rather a Committee) for Irish Affairs. And on the Eighth of February, Edward Brabazon Baron of Ardee was ordered to be Earl of Catherlogh; but, for what Reasons I know not, he had not that Title, but was afterwards made Earl of Meath. And on the Second of March his Majesty sent an Order for Sir William Saintleger to be Lord Precedent of Munster. And on the Fifteenth of March he ordered the Vice-Treasurer to pay what the Lord Deputy and Eight Privy-Counsellors should think fit, for the Charges of the Lord Deputy's Progress. On the Ninth of May, 1627. upon Complaint of the Lord Courcy, That Sir Dominick Sarsfeild had obtained the Title of Viscount Kinsale, it was referred to the Lord precedent of the Council, the Steward of the Household, Earl of Totness, Viscount Grandison, and Chancellor of the Duchy; who report, That the Lord Courcy and his Ancestors were Lords Courcy, and Barons of Kinsale and Ringrone: And thereupon the Defendant endeavoured to carry the Barony to another Line, and also alleged an Attainder, but made out neither; and then he proposed, That both Titles were consistent, one to be Baron, and the other to be Viscount of Kinsale: But that being not thought convenient, his Majesty orders, That Sir Dominick quit the Title of Kinsale, but retain the Name and Precedency of Viscount Sarsfeild, and choose some other Place to denominate his Honour; and afterwards he did so, and was created Viscount Killmallock. And on the 24th. of July the King orders, That Nathaniel Catlin, his second Sergeant at Law, should have Precedence of the Attorney-General and Sollicitor-General; and in February following his Majesty likewise gave Orders to make a new Examinator for the Court of Chancery, there being but one Examinator in that Court before that time. But in order to make the Papists the more willing to bear the great Charge of the Army, and to consent to a constant Tax for its Support, certain Propositions were set on foot in their favour, viz. to suspend all Proceed against them for Marriages and Christen by Priests, and to give them liberty of Suing out Liveries and Ouster le mains without taking the Oath of Supremacy, with design to introduce a more Public Toleration of Religion, for which a good Sum of Money should be paid to his Majesty, to maintain the Army; to which end, a Great Assembly of the Nation was Convoked by the Lord Deputy: But the Protestant Archbishops and Bishops abhorring this gross and scandalous Proposal, did on the 26th day of November, 1626. at the Lord Primate's House, unanimously vote and subscribe the following Protestation, viz. The Judgement of divers of the Archbishops and Bishops of Ireland, Life of Archb. concerning Toleration of Religion. Usher, 28. THe Religion of the Papists is Superstitious and Idolatrous, their Faith and Doctrine Erroneous and Heretical; their Church; in respect of both, Apostatical: To give them therefore a Toleration, or to consent that they may freely exercise their Religion, and profess their Faith and Doctrine, is a grievous Sin, and that in two Respects: For, First, It is to make ourselves accessary not only to their Superstitions, Idolatries, and Heresies, and, in a word, to all the Abominations of Popery; but also (which is a Consequent of the former) to the Perdition of the seduced People, which perish in the Deluge of the Catholic Apostasy. Secondly, To grant them a Toleration in respect of any Money to be given, or Contribution to be made by them, is to set Religion to sale, and with it the Souls of the People, whom Christ our Saviour hath redeemed with his most precious Blood. And as it is a great Sin, so it is also a Matter of most dangerous consequence; the Consideration whereof we commit to the Wise and Judicious, beseeching the God of Truth to make them who are in Authority zealous of God's Glory, and of the Advancement of True Religion; zealous, resolute, and courageous against all Popery, Superstition, and Idolatry. Amen. Ja. Armachanus. Mal. Casellen. Anth. Medensis. Tho. Ferns & Leghlin. Ro. Dunensis. Georg. Derensis. Richard Cork, etc. Andr. Alachadens. Tho. Kilmore & Ardagh. Theo. Dromore. Mic. Waterford & Lismore. Fra. Limerick. This zealous Protestation of the Bishops against Popery (which Downham Bishop of Derry read to the State in the midst of his Sermon at Christchurch on the 23th. day of April, 1627.) drew on a Remonstrance from the House of Commons in England, to his Majesty, to this effect; That the Popish Religion was publicly professed in every Part of Ireland, and that Monasteries and Nunneries were thsre newly erected, and replenished with Votaries of both Sexes, which would be of evil Consequence, unless seasonably repressed. These two extraordinary Actions put a stop to any farther Endeavours for the public Exercise of Popery at that time: Nevertheless, because the Irish Agents in England did consent to the payment of 120000 l. in three Year, it was thought reasonable that the King should signify his Gracious Acceptance thereof, by conferring some extraordinary Favours on the Agents and Contributors. And therefore the King did on the 24th day of May not only grant them the following Graces, which were transmitted to Ireland by way of Instructions to the Lord Deputy and Council; but also sent with it a Letter, recommending the Lord of Killeen, and the Lord Poer, and the rest of the Irish Agents, to the Lord Deputy's Favour, desiring that he would order such Moneys to be paid them by the Country as they were promised for their Agency; and that he should issue necessary Warrants and Directions for levying the same. Instructions to be observed by Our Right Trusty and Wellbeloved Cousin and Counsellor Henry Lord Viscount Falkland, Our Deputy-General of Our-Realm of Ireland; and by Our Council there; and by the Deputy or other Chief Governor or Governors and Council there, which hereafter for the time shall be; and by all other Our Officers and Ministers whom it may severally or respectively concern. I. AT the humble Requests presented unto Us on the behalf of Our Subjects of Ireland, upon mature Consideration had thereof, and by the Advice of Our Privy-Council, We are graciously pleased, in the first place, to order and direct, for the better Preservation and Ease of our said Subjects, that Our Soldiers there be called in, and limited to the most Serviceable Garrisons; and that they be not called from thence upon any Pretence, but against the Enemy or Rebel that makes Head. II. For the Collection of Our Rents in case of Default, That first a Summons Process shall issue; Secondly, That a Pursuivant be sent; and, Lastly, If this be not sufficient, in case the Sum be of value, that then Our Vice-Treasurer, by Warrant from Our Deputy and Council, shall appoint a competent Number of Soldiers of the next adjoining Garrison to collect Our said Rents, at the Charge of the Parties complained of; having care that any Man be not burdened with a greater number of Soldiers than the Service shall necessarily require. III. And when Necessity requires the Marching of Our said Soldiers against the Enemy or Rebel, That the Officers employed shall give Ready Money or Ticket, to be defalked out of their Entertainment, and duly paid into the Country upon demand, without taking Money, Pawns, or Distresses, but such Meat and Drink as the People can afford. iv That laying of any Burden upon Our Subjects for Payment of Soldiers be forborn, except in Cases of inevitable necessity. V Concerning the Grant for selling of Aquavitae and Wine, in regard it is complained of as a great Burden to the Country, without any Profit to Us, We are pleased that the Patentee or his Assigns shall be restrained from all Proceed whatsoever, to the Charge or Vexation of any of Our Subjects, for or concerning that Grant, until the Assembling of the next Parliament; and that it be taken into consideration by the Houses of Parliament, and regulated as may best agree with the Ease and Convenience of the Commonwealth, and the advancing of Our Profit in the Subsidies. VI For the Licensing to sell Ale and Beer, forasmuch as it appears that the same hath no Ground of Law, That the Grant thereof shall be presently resumed into our Hands, and that all Proceed thereupon shall cease until the next Parliament; and that in the Parliament such Course be laid down for Licensing and Selling of Beer and Ale from that time forwards, as shall be most convenient: Wherein Consideration must be taken, that a Profit in the Subsidies may thereby be advanced; and in the mean time no Process or Warrant to Issue to the Charge or Trouble of any Our Subjects, touching that Grant. VII. That the late Proclamation of the First of February last, concerning the Fees of the Clerk of the Market, and all other Fees mentioned in the said Proclamation, shall be suspended until further Order. And because there appears nothing here, but that the Grant of the Clerk of the Market and Gauger complained of is lawful, only there is question of the Fees, That Our Chancellor, two Chief Justices, Master of the Rolls, and Chief Baron there, taking to their Assistance Two or more of the Principal Gentlemen of the Country, shall regulate the Fees to be taken by those Officers according to the Law. And for the Measure of the Cask to be exported into any Foreign Parts, you Our Deputy and Council are to take it into your Consideration, and upon Conference with the Officers of Our Customs, and the Merchants, such as you shall think fit to call before you, to limit them to such a certain Gage for the same, as shall be most advantageous to the Merchants in their Traffic, without prejudice to Us in Our Customs; leaving the Gage of Cask that shall be vented within the Land to be ruled by the Standard there. And in regard it is alleged, That the Packers Office is not ancient, nor grounded upon Law, We require you and Our Council to take Consideration thereof, and to set down such Orders as may take away the Abuses. VIII. For Reforming of the barbarous Abuse of the Short Ploughs, We are pleased that the Penalty now imposed thereon shall be presently taken away; and that hereafter an Act of Parliament shall pass for restraining of the said Abuse, upon such a Penalty as shall be thought fit. IX. That all Grants for Places assigned for Tanning of Leather by Sir Henry Sidney, according to the Statute 1● Eliz. enacted in Ireland, shall stand good; and also all other Grants or Licences passed in Fee-simple or Fee-farm under Our Great Seal, for Tanning of Leather in Cities, Corporations, Towns, Manors, or other particular Places, shall likewise stand good: But that all Grants or Licensing concerning Tanning of Leather throughout Counties, Baronies, or Hundreds, past or to be passed to any particular Person, for Life, Years, or otherwise, by pretence whereof any Licence or Toleration is or may be made by the said particular Person or Persons to any the Inhabitants of the said Counties, Baronies, or Hundreds, shall be called in and suppressed. And to supply any Defect that may be for want of Liberty to Tan Leather in convenient Places, We require and authorise you Our Deputy and Council for the time being, to pass Letters Patents under Our Great Seal there, for Tanning of Leather in Places where you shall think convenient, without payment of any Fine, with a Clause of Non obstante of the Statute aforesaid. And in the next Parliament We are pleased that a further Course shall be taken therein, and likewise for the Inhibiting of the Barking of Trees. X. And for the furtherance of Traffic, and bringing in of Coin into that Our Kingdom, We are graciously pleased, that Corn may be transported without Licence into any of Our Dominions, and other Countries in Amity with Us, when Wheat shall not exceed the price of Ten Shillings English a Bristol-band Barrel; and likewise, That Living cattle may be brought into Our Dominions without Restraint or Licence; and that Wool also may be transported, provided that it be into Our Kingdom of England only, and paying the Ordinary Customs and Duties: In which Three last Particulars, We require you to take Order by Act of State, or otherwise, as shall be most expedient. XI. The Patent for Linen Yarn shall be resumed, to the end the whole Profit may come to Us and Our Crown, as well that which the Patentee doth receive, as that which We now have: And the Patentee shall receive such Recompense as We think fit; and Our Subjects also shall be secured for so much as concerneth the Transportation of the said Linen Yarn, and consequently not to be compelled to take Licence. Nevertheless, it is Our Pleasure, That the Patentee continue his Grant, and receive the Profit, as hitherto he hath done, until he be Compounded with, and receive Recompense for it. XII. We are graciously pleased, That Tallow, and Hides, and Fish, Beef and Pork in Cask, may be freely transported into Our Dominions, and all other States in Amity with Us; and that all such Pipe-staves as are already made, may be transported into any of Our Dominions, paying the Customs and Duties. XIII. The Bishops and Patentees of Dissolved Abbeys, and other Religious Houses, in or near Cities and Towns of Ireland, pretending Liberties and Freedom, are to contribute towards the Lodging of Soldiers, and to bear such other Public Charges, according to indifferent Assessment to be made and laid upon them by the Sheriffs and other Magistrates of Counties and Cities, and the proper Officers of those Places: And to that purpose, you are to publish a General Order to avoid any Dissension that may arise thereout; and for other Matters, they are to be left to the Law. And if any unjust Charge, in what kind soever, shall be laid on any of Our Subjects of that Our Kingdom, they shall have Access unto Us, and gracious Hearing. XIV. Creation-Money for the Nobility is to continue according to the Letters Patents thereof; and the Impost-Wines is likewise to be continued to such of the Nobility and Council as shall reside or bear Principal Offices in that Kingdom: And the Two Precedents of Munster and Conaught are to enjoy the same, although they be absent, because they keep Tables for their several Councils. XV. The Subjects of that Our Realm are to be admitted to Sue their Liveries, Ouster le Mains, and other Grants depending in Our Court of Wards, taking only the Oath here under expressed, and any other Oath to be forborn in that Case: And the Natives of that Kingdom, being Lawyers, and who were heretofore Practisers there, shall be admitted to practise again; and all other Natives of that Nation that have been or shall be Students at the Inns of Court in England for the space of Five Years, and shall bring any Attestation sufficient to prove the same, are also to be freely admitted by the Judges there to practise the Law, taking only the said Oath. I A. B. do truly acknowledge, profess, testify, and declare in my Conscience, before God and the World, That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm, and of all other His Majesty's Dominions and Countries: And I will bear Faith and true Allegiance to His Majesty, His Heirs and Successors, and Him and Them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever, which shall be made against His or Their Crown and Dignity, and do my best endeavour to disclose and make known unto His Majesty, or His Heirs and Successors, or to the Lord Deputy or other Governor for the time being, all Treasons and Traitorous Conspiracies which I shall know or hear to be intended against His Majesty, or any of Them. And I do make this Recognition and Acknowledgement hearty, willingly, and truly, upon the true Faith of a Christian. So help me God. XVI. All Compositions in the Court of Wards, or Alienations made bona fide for valuable Considerations, Intrusions, Premier Seisins, Ouster les Mains, and Liveries, are to be reduced and limited to the Eighth part of the true Value of the Lands and Hereditaments so to be Compounded for: And all Wardships and Custodies of Lands during the Minority of Our Wards, are to be moderately valued, according to the Discretion of the Judges of that Court: Provided, That if any Alienations shall be made, whereby We shall be prevented of Premier Seisin and Relief of Wardship, and that sufficiently proved: In all such Cases, Our said Court of Wards is not to be restrained to the limitation of the Rates of the Alienations as aforesaid; but our Officers of the same are to impose such reasonable Rates and Values, as may recompense Us, in some measure of those Duties and Profits, which otherwise should have accrued unto Us, if no Alienation to Uses had been made. XVII. Our Court of Wards is not to make any Inquiries further, then to the last Deceased Ancestor, except it be by Special direction from Us. XVIII. All Escheators and Feodaries, are to be specially directed where any Freeholders' Estate in Land doth not exceed the worth of Five Pound English yearly, in the true improved value; to return the Offices taken of such Land into the proper Courts, without Charge to the Subject, or other Fees to any Court or Officer, save only Ten Shillings Sterling to the Officer, that shall take and return the Office; but no Charge is to be set upon the said Lands, nor any Process to issue upon the said Inquisitions, but only for our Reliefs due upon the Tenors; Provided, that if any such Freeholder have the value of one Hundred Marks English, in Chattels Real or Offices, than this Grace is not to be extended to him, although his Estate in Land be under Five Pound per Annum. XIX—. In General leading Cases, that Court is to be regulated according to the Laws and Courses practised here in England, whereof Our Judges here shall deliver their Opinions if it shall be desired: And our Judges of that Court there, are to nominate some of the best Quality of the several Counties, to be joined in Commission with the Feodary or Escheator to take Inquisitions. XX— None of the Clerks or inferior Ministers of that Court, or Servant to any of the said Court, is to be a Commissioner for taking Offices; Not intending hereby to exclude the Officers of the said Court, and others who by their Places are to be Commissioners. XXI— No Grants of Intrusions or Alienations, or Leases of men's Lands are to be made out of that Court to any, before the Party interessed shall have personal warning and Affidavit returned thereof, who is to be preferred before any other, if he come in the next Term after the Office is returned, and will accept it at the Rates thought fit by the Court. XXII— Upon a Contempt in that, or any other Court; the first Attachment is to be directed to the Sheriff, and if he make not a good return, and the Party come not in during that Term to purge his Contempt; then the further Process is to be directed to the Persuivant, and no further in our Court of Wards; Our Exchequer in this Point is to proceed according to the Law and Ancient Custom of that Court; and our other Ancient Courts are to bold their Ancient Course, and not to permit any Innovations of sending Messengers or other Officers. XXIII— For reducing and moderating of Fees, taken by Officers and Clerks in our Courts there, whereof great Complaint is made: It is Our Pleasure, That a Commission be directed under our Great Seal of that Our Realm; to the Persons nominated in a List Signed by Us, and herewith sent unto you, for the regulating of Fees of all Courts Spiritual and Temporal, according to the Form of a like Commission, Granted here in England, to some of Our Council here and others; whereof a Copy is transmitted unto you; upon return whereof an Act of State to pass for Establishing the same accordingly, until there may be an Act of Parliament. XXIV— For the better settling of our Subjects Estates in that Kingdom; We are pleased, That the like Act of Grace shall pass in the next Parliament there touching the limitation of our Titles, not to extend above Sixty years, as did pass 21 Jacobi Regis, wherein are to be excepted the Lands; whereunto We are entitled by Offices already taken, and those already disposed of by our Directions. And We are further Graciously pleased for a more ample Testimony of Our Goodness to Our Subjects of that Kingdom to direct hereby, That from henceforth no advantage be taken for any Title accrued to Us, Sixty years and above, Except only to such Lands in the King's County and Queen's County; whereunto We are entitled by Offices already taken, within the said Term of Sixty years, and which are not yet Granted, nor Lawfully conveyed from Us and Our Crown. XXV. And We are Graciously pleased, and accordingly do hereby require You, That You give present Order for the Inhabitants of Conaught, and County of Clare, to have their Surrenders, made in the time of our late most Dear Father, enrolled in our Chancery there, as of the time of our said Father, according to the Date of the said Surrenders; and allowing what Fees were formerly paid for the same; And that such of them, that please to make new Surrenders of their Lands and Hereditaments, may have the same accepted of them, and enrolled in the said Court; and thereupon new Letters Patents passed unto them and their Heirs, according to the true intent of our said Father's Letters in that behalf, paying the half Fees; and that they and every of them, may have such further Assurances for securing of their several Estates, from all ancient Titles accrued to our Crown before Sixty years' last passed, as shall be requisite and reasonably devised by their Counsel: And We are pleased for their further Security, that their several Estates shall be confirmed unto them and their Heirs, against Us, Our Heirs and Successors, by an Act to be passed in the next Parliament to be holden in Ireland, to the end the same may never hereafter be brought into any further Question by Us, Our Heirs and Successors; In which Act of Parliament, and Patents so to be passed; You are to take Care, That all Our Tenors in Capite, and Rents and Services as are now due, or which ought to be answered to Us, ont of the said Lands and Premises, by Letters Patents passed thereof, since the First year of Henry the 8th, or found by any Office taken from the First year of Henry the 8th, until the 21st. of July, 1615. whereby Our late dear Father, or any his Predecessors actually reserved any Profit by Wardship, Liveries, Premier Seissins', mean Rates, Ousterle Mains, or Fines for Alienations without Licence, be again reserved to Us, Our Heirs and Successors; And all the rest of the Premises to be holden of Our Castle of Athloane, by Knight's Service according to Our said late Father's Letters, notwithstanding any Tenors in Capite, found for Us by Our Offices, since the said 21st. of July, 1615. and not appearing in any such Letters Patents or Offices; And You are likewise to set down Order, that all Seizures and Injunctions issued; And all Compositions, Leases, and Custodiums made and passed, of or for any of the said Lands, not Granted upon the Tenors, appearing in the said Letters Patents or Offices, between the said First year of Henry the 8th, and the said 21st. of July 1615. shall be called in, and to all Purposes made void, so far as We are advantaged by the Tenure found in Capite, and that no further proceeding hereafter be had upon any other Offices, taken before the said 21st. of July 1615; in which Act of Parliament and Grants, Care is to be taken, That Our Royal Composition due for all the Lands and Hereditaments in the aforesaid Province of Conaught, and County of Clare may be saved; And that it is Our Pleasure likewise; that the Benefit of Our said Father's Letters, and the Act of State dated the 14th. of May, 1618., touching the Intrusions, Alienations, mean Profits, etc. of Lands in that Province, be in all Points allowed to Our said Subjects. XXVI. The Undertakers of Ulster are to have their Estates confirmed upon a Fine of Thirty pound Sterling, upon every thousand Acres in two half years time, by equal Portions; and upon doubling their Rents to be Charged only from the date of their Patents, and for your further direction, and more ample Authority therein; a Commission shall be directed to you and others, together with Instructions for passing Patents unto them accordingly; And for declaring Our Royal Intention and Purpose in the same. XXVII. The Planters of Leytrim, Longford and Ossery, the King's County, the Queen's County, and the County of Westmeath are to have two years' time for performing their Conditions of Plantation; and if by that time they perform them not, they are to forfeit their Recognizances, and in the mean time no Process to issue upon their Recognizances or Bonds. XXVIII. The Town of Athloane is to have Three years' time allowed them from Allhallontide next, for performing all Conditions and Covenants for Buildings or otherwise, and no advantages are to be taken against them, for breach of Conditions and Covenants, or forfeit of Recognizances already incurred concerning the same. XXIX. No General Summons of Grand Inquests are to issue out of Our Bench, or any of Our Courts, but a convenient number of able Freeholders is to be Summoned by the Sheriff for the Grand Inquest, unless the Bailiff who had order to warn him, declare upon his Oath, That he warned him Personally, or left sufficient warning at his House; and the Fines and Amerciaments to be imposed upon them, are to be according to Our late dear Fathers Printed Instructions; And when the Grand Inquest is filled, the rest of that Inquest are to have leave to departed, unless there be other special Service, and this Rule is to extend to the Assizes and Goal Delivery, and Commissions of Oyer and Terminer. XXX. The taking of the Accusations and Testimony of Persons notoriously infamous, Convicted of Treason or other Capital Offences, for any Convincing Evidence to condemn any Subject, is to be regulated according to the said Printed Instructions. XXXI. No Judges nor Commissioners shall bind over any Jurors to any Court whatsoever, unless it be for very Apparent Suspicion of Corruption or Partiality. XXXII. Our Judges in every Court, are to be very careful, especially in the Causes of Poor Men, That there be a speedy and direct Course of Justice, with as little Charge as may be; and that with due Observation of the said Printed Instructions. XXXXIII. But one Provost Marshal is to be in a Province, because he hath a sufficient number of Horse in our Pay, for the Execution of that place; And the said Provost Marshal is to take no Money for Booking, nor Cess his Horse or Foot, without paying for it in such sort, as is ordered for Our Soldiers; And such as may be brought to Trial of Law, are not to be executed by the Marshal, Except in time of War or Rebellion. XXXIV. We are Pleased for securing Our Subjects Estates at the next Parliament, to be holden there to grant a General Pardon; and then such other things are to be provided for, as shall be found necessary for our Service, and the good of that Commonwealth. And Our Pleasure is, That the Rate of the Subsidies of the Laity and Clergy, and other Profits to be raised by the said Parliament, be such as may bear the Charge of Our Army, with the Assistance of Our Revenue to be spared for that Purpose; The said Parliament is to begin the Third day of November next, and all fitting Preparations are to be made accordingly. XXXV. The bestowing of Plurality of Benefices upon unqualified Persons, who are unable or unworthy Ministers, is to be forborn in time coming; and such as are invested therein, are to be compelled to keep Preaching, and sufficient qualified Curates, whereby God's Glory may be advanced, Poor Scholars provided for, and Encouragement given to Students, to enable themselves for that High Function. XXXVI. No Assessment of Money for Robberies is to be allowed, but upon Order of the Judges of Assize in Open Court, calling to their assistance at least Four of the Justices of the Peace, and that only in Cases where all the Points and Circumstances limited by the Statute in that behalf shall be proved; the same to be presented by the Jury, so as none of the Jurors be of the Hundred where the Fact was done. XXXVII. All the Nobility, Undertakers, and others, who hold Estates or Offices in that Kingdom, are to make their Personal Residence there, and not to leave it without Licence; such Persons only excepted as are employed in Our Service in England, or attend here by Our special Command. And in the Subsidies, and all other Payments towards the Charge of Our Army there, all those who hold Titles of Honour and no Estates in that Kingdom, are to be rated and to contribute and pay equally as the rest of the Nobility of the like Degrees that have Estates and reside in Ireland; for which We will give further Order upon an Assessment to be made and transmitted to Us from you. XXXVIII. No Judges nor Commissioners shall grant Reprieval to notorious Malefactors, but with the Advice of the Justices of the Peace of the County then assisting, or a competent Number of them. XXXIX. Where Undertakers have built upon Glebe-lands, they are to sue forth Commissions out of the Chancery or Exchequer, to select Commissioners to be named by the Undertakers and the Incumbent; or if the Incumbent will not agree, than the Court to make choice of indifferent Commissioners, who are to set an indifferent Yearly Value of the said Parcel of Glebe-land, and return the same to the Court, who are to order the Incumbents successively to accept of the same from the Undertakers, as a Yearly Rend for the said Parcel; and for other Lands recovered against the Undertakers as Church-lands, the Parties grieved are to sue in the Exchequer for Abatement of their Rents proportionably. XL. All Scotishmen, Undertakers in Ulster, and in other Places there, are to be made Free Denizens of that Our Kingdom; and no Advantage for want of Denization to be taken against the Heirs or Assigns of those that be dead. XLI. For examining what Rectories and Impropriations are now in laymen's Hands, out of which there have been anciently Vicarages endowed with competent Maintenance for the Vicars, which now are by Laymen possessed, whereby the Service of God is neglected, and for Reformation of that great Abuse, you are forthwith to issue Commission to some Persons of Worth and Integrity, free from that Imputation, to examine and reform the said Abuse: And such Persons as have great Rectories, whereunto there are Chapels of Ease belonging, somewhere six or seven Miles distant from the Mother-Church, are to be enjoined to keep Preaching Ministers in those Parts, having competent Allowance to defray the same. XLII. No Person against whom any Judgement or Execution hath passed in Course of Common Law, or Decree in Chancery upon matter of Equity, is from henceforth to have any Protection granted him; nor any Person flying out of England into Ireland, to defraud or shun the Prosecution of his Creditors, is to be sheltered or protected from the Justice of the Law, under colour of being a Soldier in any of Our Companies, in that Our Kingdom. XLIII. No Witnesses between Party and Party at Sessions or Assizes, or before any Commissioners whatsoever, are to be bound over to the Castlechamber; and if Information be put in against any such, than a Relator to be named, who shall be thought sufficient to answer a Recompense to the Party informed against, according to the Award of the Court, if sufficient Ground shall not appear of the Information. XLIV. Soldiers accused of Capital Crimes are to be left to be proceeded withal according to the Law; and the Commissions for Reforming and Restraining the Abuses and Oppressions of Soldiers, such as have lately issued under Our Great Seal there, are to be directed especially to Persons of Quality, having Freehold and Residence in the County: And such Matters as cannot be ordered by them, to be especially determined by a Committee of the Judges and others of Our Council, to be nominated by you; of which none are to be Captains of Horse or Foot. XLV. The New Corporations, as well as the Ancient, are to be assessed towards all General Country Charges; and all Impropriations and Temporal Lands of Ecclesiastical Persons shall bear equal Contributions in Public Charges in the Country and the Towns. XLVI. Such of the Barony of Carbery in the County of Cork as have Assignments from Sir James Simple Knight, and have not as yet past their Patents accordingly, are to be admitted to take out their Grants, notwithstanding Our late Dear Father's Restriction of Grants; and in their Tenors they are not to be prejudiced by any Office taken since the said Assignments from Sir James Simple, unless the said Office be grounded upon some ancient Patent or Office, upon Record before the Date of the said Assignments. Nevertheless, you are to provide, That by pretext of this Our Grace, no new Grants be made of any Lands within that Barony, that are already passed by Letters Patents to any Person whatsoever. XLVII. Sheriffs are not to take above Three pence Fine upon any Person for not appearing at their Leets; and if they appear, then to take nothing at all: And to such as are once sworn to the Allegiance, they are to give a Ticket; and of those no Fee to be demanded afterward for Swearing of them. And for such as have been heretofore, or shall hereafter be sworn, and cannot produce their Ticket, if they take Oath that they have been once sworn, than they are not to be sworn again, nor pay any more Fee. And the Justices of Peace are not henceforth to give any Warrant for the Collecting or Levying of any Fines whatsoever, but in Public Sessions, and by Extent under the Seal of the Quarter-Sessions. XLVIII. For delivering Possessions upon Judgements at Common Law, Decree in Chancery, or other Legal Injunction, the Sheriffs are not to exact or take any other Fee than is limited by the Statutes in England for like Causes; and that to be Irish Money: And if any Sheriff shall demand or take more, he is to be proceeded against and censured for Extortion. XLIX. No extraordinary Warrants of Assistance touching Clandestine Marriages, Christen, or Burials, or any Contumacies pretended against Ecclesiastical Jurisdiction, are to be issued by the Lord Deputy, or any other Governors, nor executed: Nor are the Clergy to be permitted to keep any private Prisons of their own for these Causes; but the Delinquents in that kind are henceforth to be committed to Our Public Gaols, and that by Our Officers, according to the Ordinary Proceeding of the same: And all unlawful Exactions taken by the Clergy are to be reform and regulated by the Commission there before mentioned. L. If any Person shall be Outlawed upon an Action of Debt, and thereupon a Seizure issued, or a Custodium of his Lands granted to any other, the Barons of the Exchequer are to discharge the same, upon sight of a Certificate, That the Outlawry is reversed, without any further Plea, paying only Five shillings Sterling for entering the Certificate and Discharge. LI. No Person is to be compelled to plead to any new Charge upon the Lands in his possession, unless any Inquisition or other Matter of Record besides the New Patent appear to charge the Land therewith, and the New Charge to be passed insuper upon the New Patentee, and Process to issue against him and his Lands, and not against the other. But the Protestants, who bore above a third part of the Public Charge, were not a little troubled that they should buy Graces and Immunition for the Irish: And, on the other side, the Papists did not at all ●●●der the Protestants part of the Contribution, but valued themselves as if they had paid all, and ascribed the whole Merlt of that Largess to themselves; and upon that, and the aforesaid Condescensions made them by the King, they grew so insolent and troublesome▪ that the Lord Deputy was necessitated to mortify them by a Proclamation against the Popish Regular Clergy▪ which issued the First day of April, Bishop usher's Letters, 407. 1629. and imported, That the late Intermission, of Legal Proceed against Popish pretended Titular Archbishops, Bishops, Abbats, Deans, Vicars-General, Jesuits, Friars, and others of that sort, that derive their pretended Authority and Orders from the See of Rome, in contempt of His Majesty's Royal Power and Authority, had bred such an extraordinary Insolence and Presumption in them, as he was necessitated to charge and command them in His Majesty's Name to forbear the Exercise of their Popish Rites and Ceremonies. Hereupon they grew uneasy, and complained that the Tax was too heavy; and at length they gained their Point, and in stead of 10000 l. Quarterly, the Government condescended to take 5000 l. per Quarter▪ from the First of October, 1629. until the rest of the aforesaid 120000 l. should be paid. But the Proclamation against the Popish Regular Clergy was baffled and ridiculed every where: It was read in Drogheda by a drunken Soldier, in such a ridiculous manner, that it seemed like a May-game, and was rather Sport than Terror to the Auditors: It was so despised and contemned by the Popish Clergy▪ that they nevertheless exercised full Jurisdiction, Bishop usher's Letters, 423. even to Excommunication; and they not only proceeded in Building Abbeys and Monasteries, but had the confidence to erect an University at Dublin, in the Face of the Government, which it seems thought itself limited in this Matter by Instructions from England. Nor was the Beauty of the Protestant Church sullied by its avowed Enemies only; Bishop Bedel's Life, 44. it was more defaced by its pretended Friends and Members. Things Sacred were exposed to ●ale, in a most sordid and scandalous manner; Parsonages and Episcopal Sees were impoverished, and their Revenues were alienated and encumbered to that degree, that both the Bishoprics of Kilmore and Ardagh were not sufficient to support a Bishop that would not use indirect Means to get Money; and the Churches were generally out of Repair. Nevertheless Complaints were made by the Irish against the Lord-Deputy for Maladministration of the Government; and though the Earl of Strafford (his Successor,) Rushw. 160. has assured us, that this Lord-Deputy proceeded as honourably, justly, and nobly, as any Man could do; and though the Council did, on the 28th of April 1629. writ a kind and true Letter in the Vindication of his Innocence, yet he was soon after removed, and ADAM LOFTUS Viscount ELY, Lord Chancellor, And RICHARD Earl of CORK, 1629. Lord High Treasurer▪ were Sworn Lords Justices on the 26th day of October, and were allowed by the King One hundred pounds apiece every Calendar Month: They immediately directed, that the Papists should be prosecuted for not coming to Church, and accordingly the Statute of 2 Eliz. was given in charge at the Assizes, but by Directions from England that Prosecution was superseded. Nevertheless these Lords Justices, 1630. being exceeding zealous against Popery, caused St. Patrick's Purgatory, in a small Island called Ilan de Purgadory, in Logh Dirge in the County of Donegall, to be digged up, and thereby discovered that notorious Cheat to the World, to the great loss and disgrace of the Popish Clergy, who made vast Advantages of that ridiculous Sham. But there are a restless sort of Men in the World, who are not to be daunted, or put out of Countenance, by any mischance whatsoever, and therefore, notwithstanding the aforesaid disaster, and although the Popish Clergy were so debauched and ignorant, that the bitterest Sarcasm, that ever was put upon the Protestants, was by an Irishman, Bishop Bedel's Life, 76. who said, That the King's Priests were as bad as the Pope's Priests; yet did this unquiet Generation begin to rant it again in Ireland, to that degree, that a Priest, being seized in Dublin, was rescued by the People; so that, by their Insolences, they put a Necessity upon the Lords Justices to humble them, Whitlock's Memoirs, 15. and by Direction from the Council of England, to seize upon 15 of their new Religious Houses to the King's Use; and their principal House in Back-lane in Dublin was, Anno 1632, disposed of to the University of Dublin, who placed therein a Rector, and Scholars, and maintained a weekly Lecture there, which the Lords Justices often countenanced with their presence; but afterwards (in the Lord Strafford's time,) the House was disposed of to the former Use, and became a Mass-house again. In the Year 1631 the Earl of Castlehaven was tried, 1631. condemned, and Beheaded in England, Whitlock's Memoirs, 16. for strange and prodigious Crimes not fit to be particularised or related of so Ancient and Noble a Family. And this Year the King, taking Notice of the increase of Popery in Ireland, sent a Gracious Letter of Admonition to the Bishop of Armagh, Bishop usher's Life, p. 38. to be communicated to the rest of the Bishops, thereby exhorting them to the careful Exercise of their Duty, and to avoid all Abuses in disposing of Benefices. And in the Year 1632, the aforesaid Subsidies, or extraordinary Contribution, being determined, the Country finding the necessity of paying the Army, to prevent their paying themselves, did consent to continue the levying of Twenty Thousand Pounds per Annum, quarterly, for two Years more. But the Irish valuing themselves upon this Bounty, and thinking the Army could not he supported without their Contribution, began to be very unruly again; and though the Broils they made were soon appeased, yet it was thought necessary to send over the new Lord-Deputy Wentworth; and accordingly Conveniencies were prepared for him both in Ireland and England. For on the Tenth of April 1632. 1632. he obtained an Order for making a new Great Seal, new Signet, and new Seals for all the Courts▪ and on the Eighteenth of May there was an Order of Reference to him in the Controversy between the City of Dublin and the Merchants-Strangers, from whom that City demanded Three pence per Pound Custom; And on the Eighteenth of July he got an Order to the Lord Will●ot, 〈…〉 General of the Army in Ireland, to surrender that Office to him. He had also the King's Letter of the Sixteenth of October, to the Lords Justices▪ That the Port-●orn and Tithes belonging to the Chief Governor, should be given to his Servants: And he also obtained his Majesty's Commission of the Seventeenth of October, to levy what Forces he should think fit or find necessary; and an Order of the same Date, to be paid the Charge of such Journeys and Progresses as he should think fit to make. And Matters being thus fitted to his mind, THOMAS Viscount WENTWORTH was on the Twenty fifth day of July sworn Lord Deputy; 1633. to whom the Bishop of Kilmore, and two other Bishops, and the Inhabitants of the County of Cavan, sent a Petition, Bishop Bedel's Life. containing some Complaints against the Army, and some Proposals for the Regulation of it: which was very ill resented at that time, and interpreted to be a Mutinous and Insolent Attempt, and brought the Bishop of Kilmore (who was supposed the Author and Promoter of it) under his Excellency's Displeasure, until that Prelate afterwards explained himself, averring, That he did not intent by lessening or discountenancing the Army, to expose with the Public Peace his own Neck to the Skeins of the Romish Cutthroats. But the Contribution or Tax of 20000 l. per Annum, to which the Country had consented for two Years, was now almost expired; so that it was necessary to call a Parliament, which met the Fourteenth day of July, 1634. 1634. at Dublin, and granted Six entire Subsidies; but not without the opposition of some Papists, one of which moved, That the Matter concerning the Subsidies might be put off to another time, and then be again considered of. This Parliament also passed an Act for the Confirmation of Patents afterwards to be passed on the * Dated 29 June, 1634. Commission of Defective Titles, and then was Prorogued to the Fourth day of November following. At the same time there was also a Convocation of the Clergy▪ and preparatory to it, the Precedency of the Archbishop of Armagh before the Archbishop of Dublin, was determined and settled by his Majesty's definitive Sentence. And this Convocation (to manifest their Agreement with the Church of England) did receive the Thirty Nine ●●●●cles of that Church into the Confession of Faith of the Church 〈◊〉 Ireland; nevertheless, without a●rogating any of the Canons of the Convocation held Anno 1615. And a New Book of Canons (for the most part agreeing with that of England) was then compiled, for the better Government of the Church of Ireland. By virtue of these Six Subsidies, which amounted to above 240000 l. and were payable Half-yearly, the Lord Deputy was enabled to pay a Debt of 80000 l. due from the Crown, and to support the Charge of the Kingdom, without any Supply of Money from England. This Lord Deputy had formerly obtained his Majesty's Order of the Sixteenth of January, 1633. for the free transportation of so many Horses and Mares out of England as he the Lord Deputy should give Licence for; by which means he changed Five hundred Foot of the Army for Six hundred Horse▪ which were extraordinary good ones, his own Stables exceeding that of any former Governors▪ And indeed generally the whole Army was neither so well paid, nor so well disciplined, in any other time, as it was in his. On the Twenty fourth of September, 1634. the King reciting, That King James had by his Commission of the Tenth of August, 1603. renewed or revived the Court of Castlechamber, as himself likewise had done by his Commission of 5 October, 1625. and that now some Disputes are arisen, whether that Court can sit out of Term, or more than twice a Week▪ His Majesty Orders, That it it may sit, when and as often as the Commissioners please, and that a new Commission issue to that Purpose. And about this time, Emerus Mac Mahon (afterwards Titular Bishop of Clogher) discovered to Sir George Ratcliff, a Plot for a general Insurrection in Ireland; and Confessed, that himself had been employed for some years in foreign Courts, to solicit Aid to carry on a Rebellion, which, it seems, they thought fit to adjourn to a more proper Season. But on the 14th. of November the Parliament met according to the Prorogation, and sat till the 14th. of December, and were then Prorogued to the 26th. of January; from which time they sat till the 21st day of March, and then it was again Prorogued to the 24th. day of the same Month, and sat from thence to its Dissolution, which was on the 18th. day of April, 1635. I need not mention the Acts made in these several Sessions of Parliament, because they are many, and are to be found at large in the Printed Book of Statutes; it is enough to say, That they culled out all the choice Statutes that were made in England, since the 20th. of Henry the 8th, that were proper for the Kingdom of Ireland; and added to them some good new Laws, that were peculiar to that Country. The Parliament being thus ended, and closed with an Act of Indemnity, the Lord Deputy and Council made a Progress into Conaught, to inquire into his Majesty's Title to several Lands in that Province: and on the 11th. of July at Abbyboyle (to still the Jealousies and Alarms the People were under at this great Inquisition) they published an Act of Council, 1635. That it was not his Majesties, intention to take any thing from his People that was justly theirs; and therefore, that those who had effectual Letters Patents, should have the full benefit of them, as if they were found Verbatim in the great Office then to be taken, provided the Patents, or the Enrolment thereof, were shown to the Council-board, before Easter Term next, and by it approved to be good and effectual in Law; and the like was done in other Counties of Conaught, and so this great Inquisition (which was one of the Spring-heads and Fountains of the succeeding Rebellion) was with great Diligence and Success carried on and effected; and the King's Title was found to most part of that Province, and a noble English Plantation was designed. Whereupon, the Patentees (and particularly the Lord Dillon of Costilo) produced their Patents to the Council-board, and it appearing those Patents were Granted by Virtue of a Commission, 4 Jac. 1. wherein there was no direction about the Tenure, it grew to be a Question, whether the Patents to hold by Knight's Service, as of the Castle of Dublin, were warranted by that Commission, or valid in Law; and after much debate it was solemnly adjudged, That those Patents were void. And this Case is well known to the Lawyers, by the Name of THE CASE OF TENORS, and was excellently reported in Print by Baron Barry, afterwards Lord Chief Justice of Ireland, and Baron of Sautry. This Grand Inquisition was counted so great a Masterpiece of the Lord Deputies, and so beneficial to the King, and advantageous to the English Interest; That some Persons who went to England, to complain of it, were there not only discountenanced but imprisoned, and afterwards sent back to be dealt by, as the Lord Deputy should think fit; which, it seems, produced their Submission. And not long after, the Lord Deputy (having first received Orders to Grant the Impropriations belonging to the King, to the use of the Clergy, and to Grant to Trinity College near Dublin Lands equal in value, to the Pension they had from the Crown, of 388 l. 15 s. per Annum) went to England, to give his Majesty a Triumphant Account of his glorious Successes in Ireland, which he performed to Admiration: First, to the King in a private Audience, and afterwards publicly at the Council-board. He there told the King and Council, That he had found the Irish Exchequer of Paper, but he had made it of Treasure; and that he had not only improved the Patrimony of the Church of Ireland, but had also brought it to be Conformable to that of England, both in Doctrine and Government, by the Acceptance of the Thirty Nine Articles there. That before his going to Ireland, the Lord Justices wrote, That the Expense exceeded the Income 24000 l. per Annum; and they had no ways to raise it, but by the Levying Nine pence a Sunday on Papists for not coming to Church, but that now it was far otherwise without that Persecution. And he advised, That the Army should rather be increased than diminshed; it being an excellent Minister and Assistant in Execution of the King's Writs, and the great Peacemaker between the British and the Natives, and the best security of past and future Plantations. That by the Statutes of Wills and Uses, there will more advantage arise to the Crown of England, than by the six Subsidies; because, thereby the insant Heirs of all great Families in the Kingdom will unavoidably come under the Guardianship of the King, whereby they will be bred Protestants, and of what Consequence this Superintendency is, doth in part appear in the Person of the Earl of Ormond, (formerly the King's Ward) who, if bred under the Wing of his own Parents, had been of the same Affections and Religion, with his other Brothers and Sisters▪ whereas he is now a firm Protestant, and like to prove a great and able Servant to the Crown, and a great Assistant, as well in inviting others to be of his Religion; as in the Civil Government; it being certain, That no People are more apt to be of the Religion of their great Lords, than the Irish are. That by the Statute of fraudulent Conveyances, the Irish are prevented in their cunning Disigns, by secret and sleeping Conveyancies; so that the King will have his Forfeitures and Wardships, and the English be encouraged to purchase of them. That before his time, the Pirates infested the very Harbours, and a Ship was fired by them in the Port of Dublin, in sight of his Majesty's Castle; and the Pirates were robbing the Ship two days together without opposition; the Reason was, because our Sea-guard for want of Money did not come till August, before which time the mischief was done; but now they are well Paid and come in March; and that now the Exportation is double, to what is imported into the Kingdom. That he discouraged Woollen, and encouraged the Linen Manufacture, and had sowed 1000 l. worth of Holland-Flax Seed, and set up six or seven Looms, and doubts not Success; because the Irish can under-sell France or Holland Twenty per Cent. And then he laments, That the English of Ireland are treated as Aliens: First, In the Imposition of 4 s. per Tun on Coal: Secondly, In the Prohibition to transport Horses or Mares hence without excessive Custom: Thirdly, In the Imposition of 3 s. and 4 d. per Head, for every live Beast exported thence, (and afterwards he procured a Privy Seal to supersede these pro tempore.) Lastly, That tho' he was represented more like a Bassa of Buda, than the Minister of a Pious Christian King, yet severity was not natural to him, but assumed; because it was necessary for the Restoration of a Despoiled Crown, Church and People, from the Claws of those, that had been used to the Paths of an uncontroled Liberty and Oppression: But to proceed: ADAM LOFTUS Viscount ELY, 1636. Sir CHRISTOPHER WANDESFORD Master of the Rolls, were Sworn Lords Justices on the 3d. day of July, 1636. and immediately some Friars notwithstanding the former Proclamation had a public Meeting, and passed unpunished, for the Lord Deputy wrote over, That he held it not convenient to rub upon that Sore, till they were provided for a through Cure. These Lords, Justices had Orders, to call upon Corporations for a return of their pretended Privileges, to issue Money to finish the Fort of Galway, to suspend the Lord Courcyes' Pension, to quicken the Admeasurement in Conaught, and not to let any Soldiers be Transported: But on the 23d. of November, THOMAS Viscount WENTWORTH returned Lord Deputy, and then the aforesaid Case of Tenors was argued; but the Judgement, That the Letters Patent were void, Husband's Collections, 2 Part 245. did so Alarm the whole Nation, that it was found necessary to delay the Execution for a time, and afterwards, Anno 1640. (on private Conference with the Irish Committee then in England; for it was not made an Article amongst the Grievances publicly complained of) the King quitted the benefit and advantage thereof, and so the vast Expense of this Grand Office and Inquisition, which amounted to at least 10000 l. was in effect lost, and this terrifying bugbear did not add one Acre to the Possessions of the Crown, nor one English Plantation to the Kingdom, as was at first designed. In the Year 1636, 1636. John Atherton was preferred to the Bishopric of Waterford and Lismore, by a Symoniacal Contrivance, as was believed, (says the Writer of Bishop Bedells' Life, pag. 144.) but that is not probable; because that Bishopric was then so Poor, that it was too small a Temptation to so great a Sin, it is more likely, that being a bustling Man of active Parts and a bold Spirit; he was thought a fit Instrument of State, to promote some Designs that were then on Foot, and as proper for the Recovery of the ancient Possessions of his See, as any Body that could be pitched upon; and accordingly we find him a fierce Adversary to the Earl of Cork, and a severe Prosecutor of the Bishop of Killalla, which last nevertheless lived to be his Successor; And tho' Atherton did answer the Expectation of his. Benefactors for a time, yet his Tragical end, by the hands of the Common Executioner on the 5th. of December, 1640. for a Crime not to be named, did very much scandalise the Patrons of his Preferment; Nevertheless, his unparallelled Repentance, and the most Pious manner of his Death, hath obtained for himself the Pity of all good Men, and undoubtedly the Mercy of God. And it is observable, 1637. that the Earl of Cork, and this Bishop Atherton did on the 27th of June, 1637. join in a Petit on to the Lord Deputy and Council, to appoint Arbitrators to decide their Controversies; and accordingly the Bishop of Derry, and the Master of the Court of Wards were Assigned to that purpose, and in their Adward, (which I have seen) they recite, that the Bishoprics of Waterford and Lismore, by the Alienations of former Bishops, were left worth but Fifty pound per Annum Revenue in Land; and that the Earl had not purchased any thing immediately from the Church, but from other Persons for valuable Considerations near Forty years before; yet out of Love to Religion, and the Professors thereof, he was contented to part with some of his Right; and so they Adwarded Lismore, etc. to the Earl; and Ardmore, etc. to the Bishop; and this Adward was afterwards confirmed by the Lord Lieutenant and Council, and after that by the King. Anno 1638. 1638. Doctor Bedell, Bishop of Killmore, held a Synod in his Diocese, which was a thing very strange and unusual in Ireland; Nevertheless, it made excellent Cannons or Constitutions, which are to be sound in Bishop Bedell's Life, pag. 237. But Matters growing high in Scotland and England, the Lord Deputy went over to the King and left, ROBERT Lord DILLON of KILLKENNY WEST Sir CHRISTOPHER WANDESFORD, Mr. of the Rolls, Lords Justices, who were Sworn on the 12th. of September, 1639. and soon after called a Parliament, which met on the 16th. day of March, but did little or nothing until, THOMAS Earl of STRAFFORD returned Lord Lieutenant on the 18th. of March; 1639. and on the 20th, the Irish Parliament met again, and Granted four entire Subsidies to the King; and were on the 17th. day of June prorogued, to the First day of October following, having first made the Twelve Acts; to be found at large in the Printed Statutes, 15 Car. 1. The first of these four Subsidies, was Assessed at 46170 l. but the Second and Third of these Subsidies, being (in the absence of some Protestant Members, with the Army at Caricfergus) upon the Motion of Nicholas Plunket Assessed in another manner, did not together amount unto more than 23768 l. 15 s. 0 d. and the Fourth Subsidy was never Taxed at all, by reason of the Rebellion that ensued. And it is to be Noted, that the Protestants paid more than one Third of the Commons part of the Subsidies (besides 26480 l. 6 s. 0 d. Granted in Fourteen Subsidies by the Protestant Clergy only,) and above Three fourth's of the Nobilities part of these Subsidies, or more▪ for the Nine Subsidies on the Nobility, came too 52850 l. 18 s. 4 d. whereof the Confederate Lords paid, but 10620 l. 18 s. 4 d. and it is very remarkable, that foreknowing the Rebellion (as undoubtedly they did) they paid not one Penny of the Second or Third Subsidies; and the Commons paid so little, that of the Three Subsidies on them, there was in Arrear when the Rebellion broke out 23855 l. 9 s. 7 d. And yet these Gentlemen, or their Advocates, have bragged in some of their Libels, That they gave the King near a Million of Money. But to proceed, The Lord Lieutenant upon the Credit of these Subsidies, and the annual Revenue, which now was improved to above 80000 l. per Annum, was enabled to raise Eight thousand Foot, and One thousand Horse additional to the Veteran● 〈◊〉; they cost the Kingdom (in raising, clothing and paying them) 204057 l. and were designed to sudue the Rebels in Scotland, and awe the Mutineers in England; but, being mostly Papists, who were thereby Trained to the use of Arms; this Army was so offensive to all moderate and thinking Protestants, that it brought great dis-repute and prejudice on the King's Affairs, and in the end cost the Lord his lieutenant his Head. The Lord Lieutenant was exposed to the Hatred of the Presbyterians, Husband's Collections, 2 part 245. for imposing a new Oath on the People, hereafter mentioned; which was so much abhorred by many, that they quitted the Kingdom rather than take it, and he was open also to the Jealousies of the Protestants, by bringing over with him Sir Toby Mathews a Jesuited Priest and by the Correspondence that was known to be between Paul Harris (another plotting Priest) and Sir George Ratcliff (the Lord Lieutenant's intimate Friend), and by suffering Public Mass-houses at the Naas, so near his own House; and by permitting Friars to dwell in a House of his own, which he had built to other Uses; But notwithstanding all this, it is certain, he was no Friend to Popery, but only temporised, until he should meet with a more proper Season to go through with that Work, as himself expresses it. About this time, Archibald Adair, who had been Bishop of Killalla since the Year 1630▪ was deprived of his Bishopric, upon this Occasion: One Corbet, a Clergyman, that fled from Scotland, for writing a Satirical Book against the Covenanters, called Lysimachus Nicanor, was sent to this Bishop for Preferment; but he being a moderate Man, and perhaps too indulgent to his own Nation, did not approve of Corbet, that had handled the Scots so severely; and therefore he gave no countenance to him, but, on the contrary, told him, That it was a bad Bird that fouled his own Nest; which was the sharper, because Corby in Scotch signifies a Raven. And when Corbet told him, That he had hardly escaped with Life, but had left his Wife to try the Humanity of the Scots, the Bishop replied, That he had left her to a very base Office: And other things he said, which the Government thought too favourable to the Govenanters; and tho' they would not be much considered at another time, yet now was thought a sufficient Cause of Deprivation, and Doctor John Maxwell was made Bishop in his room; but the next Year after the Execution of Atherton Bishop of Waterford, Adair was made Bishop of that See. Nor should it be omitted, That this Bishop Maxwell, a most excellent Preacher, and a hearty Royalist, was nevertheless wounded, stripped naked, and left amongst the Dead, by the Irish Rebels, whose Skeins never distinguished between a Prelate and a Fanatic: But the Bishop was accidentally preserved by the Earl of Twomond, who traveled that way towards Dublin, and afterwards went to the King to Oxford, and was the first Man that convinced the King of the innate Hatred the Irish Rebels bore to all those of the Protestant Religion. But let us return to the Lord Lieutenant, who went again to England, to give the King an Account of the good Posture of Affairs in Ireland, leaving in his stead Sir CHRISTOPHER WANDESFORD, Master of the Rolls, Lord Deputy: He was sworn on the Third of April, and was an intimate Friend of the Lord Lieutenants, and was suspected to have employed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House, for a Committee to Impeach the Earl of Strafford; but it is certain, he did what he could to hinder that Committee from going to England: And besides Persuasions, Rushw. 469. he proceeded to forbid them that voyage upon their Allegiance. Nevertheless, they all got away privately, some from one Port, and some from another, and came safely to England. This committee were the Lords Gormanstowne, Killmallock, Costilo, and Baltinglass, for the Upper House; Nicholas Plunket, Sir Robert Digby, Richard Fitz-Gerrald and Nicholas Barnwall, for Leinster; Sir Hardress Waller, John Welsh, Sir Donough mac Cartby, for Munster; Robert Linch, Geoffry Browne, and Thomas Burk, for Connught; and Sir William Cole, and Sir James Mountgomery, for Ulster; and they carried with them a Remonstrance from the Irish Parliament, against the Earl of Strafford, whom they prosecuted effectually, and were underhand so to do by the Discontented part of the Parliament of England. And because this Remonstrance contains a great part of the History of those Times, I have thought necessary to add it in haec verba. To the Right Honourable the Lord Deputy. The Humble and Just Remonstrance of the Knights, Citizens, and Burgesses of the Parliament Assembled. SHOWING, THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England, Rushw. 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors, Kings and Queens of England and Ireland, to the vast Expense of Treasure and Blood, that their Loyal and Dutiful People of this Land of Ireland, being now for the most part derived from British Ancestors, should be Governed according to the Municipal and Fundamental Laws of England; that the Statute of Magna Charta, or the Great Charter of the Liberties of England, and other Laudable Laws and Statutes, were in several Parliaments here Enacted and Declared, that by the means thereof, and of the most prudent and benign Government of His Majesty and His Royal Progenitors, this Kingdom was, until of late, in its growth a flourishing Estate, whereby the said People were heretofore enabled to answer their humble and natural Desires, 〈◊〉 comply with His Majesty's Princely and Royal Occasions, by their Free Gift of One hundred and fifty thousand pounds Sterling; and likewise by another Free Gift of One hundred and twenty thousand pounds more, during the Government of the Lord Viscount Faulkland; and after, by the Gift of Forty thousand pounds, and their free and cheerful Gift of Six entire Subsidies, in the Tenth Year of His Majesty's Reign▪ which, to comply with His Majesty's then Occasions, signified to the them House of Commons, they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds, although (as they confidently believe) if the Subsidies had been Levied in a moderate Parliamentary way, they would not have amounted to much more than half the Sum aforesaid, besides the Four entire Subsides granted in this present Parliament. So it is, may it please Your Lordship, by the occasion of the ensuing and other Grievances and Innovations, (though to His Majesty no considerable Profit) this Kingdom is reduced to that extreme and universal Poverty, that the same is les● able to pay Subsidies, than it was heretofore to satisfy all the before-recited great Payments: And His Majesty's most Faithful People of the Land do conceive great Fears, that the said Grievances, and Consequences thereof, may be hereafter drawn into Precedents, to be perpetuated upon their Posterity; which, in their great Hopes, and strong Beliefs, they are persuaded, is contrary to His Royal and Princely Intention towards His said People: Some of which said Grievances are as followeth. I. The general apparent Decay of Trades, occasioned by the new and illegal raising of the Book of Rates, and Impositions upon Native and other Commodities, exported and imported▪ by reason whereof, and of extreme Usage and Censures, Merchants are beggared, and both disenabled and discouraged to Trade, and some of the Honourable Persons who gain thereby are▪ often Judges and Parties; and that in the conclusion, His Majesty's Profit thereby is not considerably advanced. II. The Arbitrary Decision of all Civil Causes and Controversies, by Paper Petitions, before the Lord Lieutenant and Lord Deputy, and infinite other Judicatories upon Reference from them derived, in the nature of all Actions determinable at the Common Law, not limited into certain Time, Cause, Season, or Thing whatsoever; and the Consequences of such Proceed, by receiving immoderate and unlawful Fees by Secretaries, Clerks, Pursuivants, Sergeants at Arms, and otherwise; by which kind of Proceed His Majesty loseth a great part of His Revenue, upon Original Writs and otherwise; and the Subject loseth the Benefit of his Writ of Error, Bill of Reversal, Vouchers, and other legal and just Advantages, and the ordinary Course and Courts of Justice declined. III. The Proceed in Civil Causes at Council-board, contrary to the Law and Great Charter, not limited to any certain Time or Season. iv That the Subject is, in all the Material Parts thereof, denied the Benefit of the Princely Graces; and more especially, of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign, upon great Advice of the Councils of England and Ireland, and for great Consideration, and then published in all the Courts of Dublin, and in all the Counties of this Kingdom, in open Assizes, whereby all Persons do take notice, that, contrary to His Majesty's Pious Intentions, His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made. V The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal, (the Public Faith 〈◊〉 the Kingdom) by Private Opinions delivered at the Council-board, without Legal Evictions of their Estates, contrary to Law, and without Precedent or Example of any former Age. VI The Proclamation for the Sole Emption and Uttering of Tobacco, which is bought at very low Rates, and uttered at high and excessive Rates; by means whereof, thousands of Families within this Kingdom, and of His Majesty's Subjects in several Islands, and other Parts of the West-Indies, (as your Petitioners are informed) are destroyed; and the most part of the Coin of this Kingdom is engrossed into particular Hands; insomuch that your Petitioners do conceive, that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue, Certain or Casual, within this Kingdom, and yet His Majesty receiveth but very little Profit by the same. VII. The universal and unlawful Increasing of Monopolies, to the Advantage of a Few, the Disprofit of His Majesty, and Impoverishment of His People. VIII. And the extreme cruel Usage of certain late Commissioners, and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry; ☞ by means whereof, the worthy Plantation of that Country is almost destroyed, and the Inhabitants are reduced to great Poverty, and many of them forced to forsake the Country; the same being the first and most useful Plantation in the large Province of Ulster: to the great weakening of the Kingdom in this Time of Danger, the said Plantation being the principal Strength of those Parts. IX. The late Erection of the Court of High-Commission for Causes Ecclesiastical, in these necessitous Times; the Proceed of the said Court ' in many Causes without Legal Warrant, and yet so supported, as Prohibitions have not been obtained, though legally sought for: And the excessive Fees exacted by the Ministers thereof, and the Encroaching of the some upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom. X. The exorbitant Fees and pretended Customs exacted by the Clergy, against the Law; some of which have been formerly represented to your Lordship. XI. The Petitioners do most hearty bemoan, that His Majesty's Service and Profit are much more impaired than advanced by the Grievances aforesaid; and the Subsidies granted in the last Parliament having much increased His Majesty's Revenue, by the buying of Grants and otherwise: And that all His Majesty's Debts then due in this Kingdom, were satisfied out of the said Subsidies, and yet His Majesty is of late (as the Petitoners have been informed in the House of Commons) become indebted in this Kingdom in great Sums. And they do therefore humbly beseech, That an exact Account may be sent to His Majesty, how, and in what manner, his Treasure is issued. XII. The Petitioners do humbly conceive just and great Fears at a Proclamation published in this Kingdom, in Anno Domini 1635. prohibiting Men of Quality or Estates to departed this Kingdom into England without the Lord Deputy's Licence, whereby the Subjects of this Kingdom are hindered and interrupted from free Access to Address to His Sacred Majesty and Privy-Council of England, so declare their just Grievances, or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second, and great Fees exacted for every of the said Licences. XIII. That of late His Majesty's Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom, into His Majesty's Court of Exchequer, ☜ to show cause by what Warrant the said Burroughs (who heretofore sent Burgesses to Parliament) should send Burgesses to the Parliament: And thereupon, for want of an Answer, the said Privileges of sending Burgesses were seized by the said Court: Which Proceed, were altogether coram non Judice, and contrary to the Laws and Privileges of the House of Parliament, and (if way should be given thereunto) would tend to the Subversion of Parliaments, and, by consequence, to the Ruin and Destruction of the Commonwealth. And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members, by means thereof. XIV. By the Powerfulness of some Ministers of State in this Kingdom, the Parliament in its Members and Actions hath not its natural Freedom. XV. And lastly, That the Gentry, and Merchants, and other His Majesty's Subjects of this Kingdom, are of late, by the Grievances and Pressures before said, and other the like, brought very near to Ruin and Destruction: And the Farmers of Customs, Customers, Waiters, Searchers, Clerks of Unwarrantable Proceed, Pursuivants and Gaolers, and sundry others, very much enriched; whereby, and by the slow Redress of the Petitioners Grievances, His Majesty's most faithful and dutiful People of this Kingdom do conceive great Fears, that their Readiness, approved upon all Occasions, hath not been of late rightly represented to His Sacred Majesty: For remedy whereof, the said Petitioners do humbly and of right beseach your Lordship, That the said Grievances and Pressures may be speedily redressed; and if your Lordship shall not think fit to afford present Relief, that your Lordship might admit a select Committee of this House, of Persons uninteressed in the Benefit arising of the aforesaid Grievances, to be licenced by your Lordship to repair to his Sacred Majesty in England, for to pursue the same, and to obtain fitting Remedy for their aforesaid, and other just Grievances and Oppressions: And upon all just and honourable Occasions they will, without respect of particular Interest or Profit to be raised thereby, most humbly and readily in Parliament extend their utmost Endeavours to serve His Majesty, and comply with His Royal and Princely Occasions: And shall pray, etc. As soon as the Lord Deputy had notice of this Remonstrance, and perceived the Fury of the Irish Parliament, he took occasion to Prorogue it on the Twelfth day of November, but whatever he could do was ineffectual to stem the Tide, which now ran too violent against him: And therefore being heartbroken with his own and the Earl of Strafford's Misfortunes, he died suddenly, on the Third day of December, 1640. Whereupon. ROBERT Lord, DILLON of Killkenny-West (afterwards Earl of Roscomon) Sir WILLIAM PARSON'S Knight and Baronet, Master of the Court of Wards, were on the Thirtieth of December sworn Lords Justices: 1640. But the Lord Dillon beings, for his Intimacy and Alliance with the Earl of Strafford, obnoxious to the aforesaid Irish Committee, he was at their Instance removed, and Sir WILLIAM PARSONS, Master of the Court of Wards, Sir JOHN BORLACE, Master of the Ordnance, were sworn Lords Justices on the Tenth of February; to whom the King, by his Letters of the Fourth of January before, sent Orders, at the Request of the Irish Committee, That the Irish Subsidies, which heretofore were Forty thousand Pounds, should be reduced to a less Sum than formerly; and that all Letter's sent to the Chief Governor, or other Public Officers, touching Public Affairs, or the Subjects Private Interests, should be entered in the Signer-Office in England, to the end the Subjects upon occasion might take Copies thereof; and that all Dispatches from Ireland should be safely kept apart, for the easier and readier recourse thereto; and that His Majesty approves of the Repair of His Subjects to appeal to Him, notwithstanding any Prohibition in Ireland to the contrary; and orders, That no body be prosecuted or molested on that score; and that the Irish Committee shall have Copies of all Records, Certificates, Orders of Council, Public Letters, or other Entries, that are necessary to manifest or prove their Grievances. And this Letter was on the Tenth of February, 1640. by the Irish Parliament then sitting, ordered to be entered amongst the Records and Ordinances of that House. And soon after, Rushw. 15. the Irish Parliament did vote the following Grievances to be transmitted to their Committee in England, which it seems were couched in Two Petitions, one to the King, and the other to the Parliament, and both carried over by John Bellew and Oliver castles. 1. That the Nobility were over-taxed in the Subsidies. 2. And were kept Close Prisoners, tho' not Impeached of any Capital Crime. 3. And could not get Licence to absent, unless they leave their Proxy with one of the Chief Governors naming. 4. That some have Titles of Honour, that have no Lands in the Kingdom. 5. That the Nobility were stop from going to Petition the King. 6. That Trade is decayed by Illegal Taxes, as Twelve pence apiece on Hides. 7. That Causes are arbitrarily decided at Council-board, and in other improper Judicatories. 8. That Pa●ents are made void extrajudicially, on private Opinions. 9 The Monopolies of Tobacco, Starch, Soap, Glass Tobacco-pipes, etc. 10. The Procedings of the High-Commission. 11. The exorbitant Fees and pretended Customs exacted by the Clergy. 12. The Proclamation against buying Gunpowder but out of the Store, and restraining Hunting within Seven Miles of Dublin. 13. That the Parliament in its Members and Actions hath not had its natural Freedom. 14. That the Subject is denied the Benefit of the Act of Limitation. 15. The taking excessive Fees. 16. The Seizing of Linen Yarn and Cloth, for not being exact according to Rule. 17. The Oppressions of Officers. And in this Parliament, on the Fourth of March, Captain Audley Mervin brought up an Impeachment of High-Treason from the Commons to the Lords, against Sir Richard Bolton Lord Chancellor, John Lord Bishop of Derry, Sir Gerrard Lowther Lord Chief Justice of the Common-Pleas, and Sir George Ratcliff, and made an eloquent Speech on that Occasion. The Charge (consisting of Three Articles) was General, for subverting the Laws, and introducing Arbittary Government, by extrajudicial and unjust Decrees; for inflicting infamous Punishments, by Pillory, etc. on Persons of Reputation, and subverting the Rights of Parliament: But it seems there was a Dispute raised, Whether the House of Lords in Ireland had Power of Judicature in Capital Cases? Whereupon Captain Audley Mervin made a most excellent Speech in the Lord's House in Parliament, 24 May, 1641. And afterwards he Impeached Sir George Ratcliff (then in the Gatehouse, Westminster) in the Parliament of England, of the aforesaid Articles, and adds, That he joined with the Earl of Strafford in taking out Eighty thousand Pounds out of the Exchequer, to buy Tobacco; and that he countenanced Papists to build Monasteries, etc. On the Sixteenth of March, 1640. Secretary Vane sent the Lords Justices the following Letter, by His Majesty's Command. Right Honourable, HIS Majesty hath commanded me to acquaint your Lordships with an Advice given him from abroad, and confirmed by His Ministers in Spain, and elsewhere, which, in this distempered Time, and Conjuncture of Affairs, deserves to be seriously considered, and an especial Care and Watchfulness to be had therein: Which is, That of late there have passed from Spain (and the like may well have been from other Parts) an unspeakable number of Irish Churchmen, for England and Ireland, and some good old Soldiers, under pretext of ask leave to raise Men for the King of Spain; whereas it is observed (among the Irish Friars * In Spain. there) a Whisper runs, as if they expected a Rebellion in Ireland, and particularly in Connaught, Wherefore His Majesty thought fit to give your Lordships this notice, that in your Wisdoms you might manage the same with that dexterity and secrecy, as to discover and prevent so pernicious a Design, if any such there should be; and to have a watchful Eye on the Proceed and Actions of those who come thither from abroad, on what pretext soever. And so herewith I rest, Your Lordship's most humble Servant, HENRY VANE. In the mean time, the Earl of Strafford came to his Trial in England, and it was the most Solemn that ever was in that Kingdom, and at length he was Attainted by Act of Parliament, and accordingly beheaded on the 12th. day of May, 1641. and the Earl of Leicester was the same day appointed Lord Lieutenant of Ireland in his stead. His Trial is excellently wrote at large by Mr. Rushworth, to which I must refer the curious Reader; but because every Man has not that Book by him I have Cursorily extracted so much of it only, as I thought pertinent to his History, wherein if I have not been very exact, it was, because the Inquisitive may easily inform themselves, as well as I, by having recourse to the Original, which I had not leisure to examine more carefully, than I have done. The Third, Article (which is the First relating to Ireland) is, that he should say, That Ireland was a conquered Nation, and that the King might do with them, what he pleased; and that the Charters of the Corporations were worth nothing, and did bind the King no farther than he pleased. To which the Earl Answers, That he never spoke those words, and that the Scope and Intent of what he did say, was, to ingratiate his Majesty's Government to the People; and that his words were well accepted at that time, however they come to be resented now: That the Charters of Dublin were Anno 1634. brought before the Council, and still are in the hands of the Clerk of the Council; because (besides other Abuses) the Papists of that City engrossed all the Trade, and denied Liberty to such as came out of England to set up there; which he hath so far remedied, as that there are Three Englishmen now in Dublin, for One that was there when he came to the Government, and the Charters are not Condemned, but enjoyed to this day, so that he aimed at a Reformation in favour of the English, but did not design the Destruction of the Charters. The Fourth Article was, That the Earl of Cork having begun a Suit at Law to recover a Possession he had lost, by Colour of an Order from the Lord Deputy and Council, the Lord Deputy threatened to imprison him, unless he would surcease his Suit, saying, That he would have neither Law, nor Lawyer's dispute or question his Orders, and that he said upon another (the like) Occasion, That he would make the Earl of Cork, and all Ireland know, that so long as he had the Government there, any Act of State there made, or to be made, should be as binding to the Subjects of that Kingdom, as an Act of Parliament; and that he questioned that Earl in the Castlechamber, upon Pretence of a Breach of an Order of Council-Table. To this the Earl of Strafford answered, That the Council-Table was a Court of Record in Ireland, wherein they proceeded formally by Bill, Answer, Examination of Witnesses, etc. and therefore the Orders of it are binding, and aught to be obeyed; he denies he compared it to a Parliament, and denies that the Earl of Cork was prosecuted for disobedience of an Order of Council only. The Fifth Article was, That in time of Peace 12th. of December, 1635. he did give, and procure to be given Sentence of Death against the Lord Mountnorris at a Council of War, (for saying of an Accidental hurt his Kinsman had given the Lord Deputies Foot, Perhaps it was done in revenge of that Affront, my Lord Deputy did me publicly, but I have a Brother would not have taken such a Revenge) and the like Sentence was given against Thomas Dennit, who was executed thereupon. To this the Earl Answers, That he was General of the Army, and had Power of Martial Law, which is usual in Ireland; and the Lord Mountnorris was an Officer in the standing Army, and by those mutinous Words had transgressed the Thirteenth, and the Twenty first Articles of War, That he was not a Judge of it, but the Council of War were the Judges, that the Lord Mountnorris suffered nothing; but a short Imprisonment; and was told at that time by the Earl, that he should not suffer according to the Sentence; and as for Dennit, he had stolen a quarter of Beef, and also ran away from his Colours, which is Felony in Ireland, and it was at a time when a Regiment was embarking for England. The Sixth Article is, That on a Paper Petition, without legal Proceed, he caused the Lord Mountnorris to be dispossessed of Land, that he had enjoyed quietly Eighteen years. To this the Earl says, That that sort of Proceeding was usual in Ireland, and he had a positive Order for it (except in special Cases) by the King's Letter, 5th, October 9 Car. 1. that Three of the Judges assisted him in the Trial; and that the Judgement was very just. The Eight Article was, That he imprisoned the Lord Chancellor Loftus, for not obeying his Decree on a Paper Petition, and also imprisoned him for not giving up the Great Seal; and also imprisoned the Earl of Kildare, for not submitting his Title to Castle-Ley to the Lord Deputies Pleasure; and that contrary to the Major Vote of the Council, He caused an Order of Council-board to be made against the Widow Hibbott, and threatened to Fine her so high if she had disobeyed it, that she was thereby forced to quit her Lands, which are since conveyed to the use of the Earl, but it seems the Imprisonment of the Lord Chancellor, and the Earl of Kildare, was by the King's Order, and so the Managers insisted only on that of Hibbotts. To which the Earl Answered, That it was a Case of Fraud and Oppression, and that the Council-board in Ireland had Jurisdiction in such Cases, and that the Major Vote was against her, and denies the Lands were conveyed to his use. The Ninth Article was, That he gave Warrants to the Bishop of Down and Connor, and others of their Officers to Arrest and Imprison such of the poorer sort, as refuse to appear upon their Summons, or disobey their Sentences until they give security, to show cause at the Council-Table for such Contempt. To which he Answers, That such Warrants were formerly used, and even at the desire of the Papists, to save the Charge of the Writ, de Excommunicato capiendo, that he never Granted but this one, and finding it abused, he soon called it in again. The Tenth Article was, That he procured the Customs to be Farmed to his own use, and advanced the Book of Rates on Native Commodities, to excessive Prizes, as every Hide at 20 s. a Stone of Wool at 13 s. 4 d. etc. whereby the Custom, that should be but the 20th. became the Third or Fourth part of the true value of the Commodity; and there is a Clause in the Grant, That it should be good, tho' an Act of Parliament should be made against it. To this the Earl Answers, That the Book of Rates was advanced before his Farm, that it was so moderate, that the King sent a Letter 1637. to raise it higher, which he opposed; that he was drawn into the Farm by the King's Command, and the Lord Portlands' importunity; and that the King had ● of the Profit of it, and that Trade is exceedingly increased since his coming to the Government. And the Matter of Fact proved to be thus, the Customs of Ireland were 16 Jac. 1. demised to the Duke of Buckingham for Ten years at 6000 l. per Annum, and half the clear Prohts above the Rent, which half Communibus annis amounted to 3700 l. per Annum; so in effect the Duke paid 9700 l. per Annum, but he had allowance for several Desalcations, as 1400 l. per Annum in lieu of the Customs of Wines, which were Leased to the Earl of Carlisle at that Rent; and the Customs of Derry, Colerain, Knockfergus and Strangford are reserved to the King. On the 24th. of March, in the Seventh Year of King Charles I. The Customs were set to the Duchess of Buckingham for 20000 l. Fine, and 11050 l. per Annum, Rent, and Derry, etc. are included, and the Lord of Carlisles Lease was surrendered to the King, the 21st. day of the same Month, and then the new Book of Rates was made. And on the 21st. of April following, viz. 8 Car. 1. The Duchess of Buckingham's Lease being surrendered, a new one was made to Lord Straffard and Partners, for 8000 l. Fine, and 15500 l. per Annum: And they managed it so well, that this branch of the Revenue yielded them as followeth, viz. Anno. 1636 39936 1637 38889 1638 57380 1639 55582. The Eleventh Article was, For restraining Transportation of Pipe-staves, etc. without Licence; But that Article was waved by the Managers. The Twelfth was, That he Monopolised the whole Trade of Tobacco by his Proclamation, that none should be imported without his Licence; and another Proclamation, that none should be Sold by Wholesale, unless it were made up in Rolls, Sealed at both ends with a Seal appointed by him; and that divers were Pillory'd, Whipped, Fined, Imprisoned, etc. for transgressing that Proclamation: And whilst he raised the Impost on other Goods, he reduced that on Tobacco, from 6d. to 3d. per Pound, whereby he got 100000 l. per Annum. And that he raised several other Monopolies on Starch, Iron-Pots, Glasses, Tobacco-pipes, etc. To which he Answers, That 6th. June 13 Jac. 1. the King granted the Impost on Tobacco, being 18 d. per Pound to William Massam, and John Pit for Seven year at 10 l. per Annum, and 8th. February 19 Jac. 1. it was let to Mr. Lyne for Twenty one years at 20 l. per Annum; that, upon the Commons advice in Parliament, that Lease was bought in, and on 18th. of July, 12 Car. 1. the King Order the Lord Deputy to assume the Pre-emption of Tobacco, etc. to advance the Revenue, and this Letter is the ground of the first Proclamation, which in this Matter followed the Example of England, and the Second Proclamation is, in effect, but the Duplicate of the Proclamation in England of the 14th. of March, 13 Car. 1. mutatis mutandis; that hereupon the 7th. of November, 1637. He contracted with Mr. Carpenter, etc. for the sole Importation of Tobacco for Eleven years, at 5000 l. per Annum, for the first Five years, and 6000 l. per Annum the last Six years, over and above 3 d. per Pound Impost; and that he had the Consent of the principal of the Council, and the Approbation of his Majesty, who consented to an Act of Parliament, for the Confirmation of it, that the Council Signed the Proclamations; and if any were Pillory'd, Whipped, etc. it was for Perjury or like Crimes, and the Fines were only in terrorem, little of them being Levied, and concludes, that he is no Gainer by that Monopoly. The Thirteenth Article was, That he also Monopolised all the Flax of the Kingdom by his Proclamations, of 31st. May, 12 Car. 1. and 31st. January in the same year, prescribing and enjoining Rules and Methods, of making Yarn and Thread; which the unskilful Natives could not Practise, and ordering all Linen Yarn, and Thread, made in any other manner to be seized, which was accordingly executed with Severity, whereby multitudes were undone, and many Starved. To which he Answers, That what he did was to encourage the Linen Manufacture in Ireland, and to ●●●ing the Irish to a more Artificial way of making Linen Yarn, Thread and Cloth; that the Council concurred in the Proclamations, which are Temporary Laws in Ireland; and that he was a Loser of 3000 l. by this Project, for the Good of that Country; that the evil Consequences (if any) were Collateral and Accidental; and that the misdemeanours of inferior Officers could not be Charged on him: That he never used more than 400 l. worth of Yarn in a Year, which could not undo, much less Starve, such multitudes as they pretend. The Fourteenth was, That he imposed a new Oath (to make true invoice, etc.) on Masters of Ships, etc. but the Managers declined this Article. The Fifteenth was, That he Arbitrarily imposed Illegal Taxes on the Towns of Bandonbridge, Baltimore, Tallow, etc. and Cessed Soldiers on them, till they paid them, and by force of Arms expelled Richard Butler from Castlecumber, and imprisoned several of the O Brenans, and their Wives and Children, until they surrendered and released their Rights and Estates. To this the Earl Answers, That when the Country granted the King 120000 l. in Nature of a Subsidy; it was agreed between the Lord Deputy Falkland and Them, that it should not be entered upon Record, but be Levied by Captains, by Paper Assignments, by Warrant from the Lord Deputy, and so it was done; and the Money levied on Bandon, etc. was Arrears of that Contribution, and it was levied without Force, and that Castlecumber was Legally evicted, and what Soldiers were sent there (being but twelve) were sent to Guard Mr. Wandesford's House against Tories; but used no Force to Mr. Butler, or any quiet Subject, and that it was usual in Ireland, to lay Soldiers on Delinquents. The Sixteenth Article, That he procured his Majesty's Order 17th. February, 1631. that no Complaint should be received in England, about Irish Affairs, until it were first made in Ireland to the Lord Deputy; and that by Proclamation of the 17th. of September, 11 Car. 1. All Persons that had Estate or Office in Ireland (except such as had employment in his Majesty's Service in England, or attended there by his special Command) should reside in Ireland, and not departed without Licence, whereby People are hindered from complaining against the said Earl; And One Parry hath been punished for so doing. To this he Answers, That it was by him and the Council conceived fit, to prevent unnecessary Clamours here, but that he never denied Licence except to the Lords of Cork, Mountnorris and Roch, because there were Suits against them in the Castlechamber▪ and to Sir Frederick Hamilton by the King's Command, which was taken off, when he knew the Design of his Voyage was, to complain against him, and to Lord Esmond for a short time, because he was Major General of the Army; and he saith, that Parry was punished for other Misdemeanours, by the Consent of the whole Council. The Nineteenth was, Rushw. 494. That by Proclamation of May 20. 1639. he imposed a New Oath▪ viz. I N. do faithfully swear, profess, and promise, That I will honour and obey my Sovereign Lord King CHARLES, and will bear Faith and true Allegiance to Him, and will defend and maintain His Regal Power and Authority; and that I will not bear Arms, nor do any Rebellious or Hostile Act against him, or protest against any his Royal Commands; but submit myself in all due Obedience hereunto: And that I will not enter into any Covenant, Oath, or Bond of mutual Defence or Assistance against all sorts of Persons whatsoever, or into any Oath, Covenant, or mutual Defence or Assistance, against any Person whatsoever, by force, without His Majesty's Sovereign and Regal Authority: And I do renounce all Covenants contrary to what I have sworn and promised: So help me God in Christ Jesus. And that he grievously fined those that refused to take it, and particularly, Henry Stewart and his Wife were fined 5000 l. apiece, and their two Daughters, and James Grace, Three thousand Pounds apiece, and imprisoned them for not paying it, and explained the Oath to oblige in point of Allegiance to the Ceremonies and Government of the Church established, and to be established by His Majesty's Authority; and that he would prosecute to the Blood such as should disobey, etc. whereby many were undone, and more fled the Kingdom; and that he said, If he returned again, he would root out Stock and Branch of the Dissenting Scots. To this he answers, That it was in a dangerous Time, and for the Security of the Kingdom, and upon their own Petition; and that he had His Majesty's Orders for it, dated 16 January, 1638. That as to the Fine of Stewart, etc. it was settled before it came to his Vote; so that he did but concur with the rest; and that he did not speak against the Scotish Nation, but against the Scotch Faction of the Covenanters. The Twenty second Article was, That he procured the Irish Parliament to declare their Assistance in a War against the Scots, and gave Directions for Raising Eight thousand Foot, and One thousand Horse, which were most Papists; and confederated with Sir George Ratcliff, to employ that Army to Invade England, and subvert the Fundamental Laws and Established Government thereof. To this he answers, That he raised that Army by His Majesty's Order; and denies any other Design, than to assist and serve the King as they ought. There was also some mention made about one Trueman, who was executed for a Plot to betray Carigfergus to the Scots; touching whom, Sir John Clotworthy made this Deposition: That Trueman was an Englishman, that dwelled not far from Carigfergus, and one that was sent about the Country, but by whom he knows not; but there were vehement Suspicions, that he was employed to find out those that would engage in Discourse concerning the Scotch Business: He spoke with one Captain Giles, who feigned himself a great Friend of the Scotish Nation, and said, That he conceived they were greatly distressed, and wished, That he could use Means whereby they might be eased: Hence he discoursed with Trueman, who was but a silly Fellow, and got from him Words whereby he discovered a goodwill to the Scotch Nation, and some Discourse about the Castle of Carigfergus; insomuch that he got Trueman's Letter to recommend him into Scotland, whither he pretended a Desire to go, to serve under their Command. Upon this Giles produced the Letter in Evidence against him, and so he was condemned and executed. And this I take to be the Substance of what was offered for or against the Earl of Strafford. On the Eleventh of May the Irish Parliament sat again; 1641. and the Colonels John Barry, Taaf, Garret Barry, and Porter, having Orders from England to transport Four thousand of the Irish Forces to Spain, some of the Popish Members of the Lower House did urge divers Arguments to hinder that Design: As, First, That the Irish might gain Experience abroad, and return to be evil Instruments at home. Secondly, That Ireland wanted Men for Husbandry. Thirdly, That Spain was an Hereditary Enemy to England, and therefore might infect these Men with dangerous Principles; concluding, That they did not know how soon those very Regiments (acquainted with every Creek in the Kingdom) might be returned on their own Bowels, having naturally a Love to their Religion, which such an Incendiary as Spain might inflame with the highest prejudice. So shamelessly did they cloak their Designs ' of stopping these Soldiers to assist in the following Rebellion, under these Cobweb pretences of the Public Good. However, their Project succeeded to their mind; and notwithstanding the Contract with the Spanish Ambassador for their Transportation, the Soldiers were from time to time delayed, and Garret Barry and his whole Regiment, and most of the rest, did afterwards join in the Irish Rebellion. This Session of Parliament was spent by the Papists (who were the most numerous Party in the House) in fruitless Declarations and Protestations, private Petitions, and Votes upon needless Queries: These last, together with the Judge's Answers to them, are to be found at large, Burlace Append. 1. & 2. I shall only recite one of them, viz. (Quere 15.) Whether the issuing of Quo Warrantoes against Burroughs that anciently and recently sent Burgesses to Parliament, to show Cause why they did so, be Legal? And if not, What Punishment ought to be inflicted upon the Occasioners, Procurers, and Judges of and in such Quo Warrantoes? To which the Answer is, That the Proceed in such Quo Warrantoes are coram non Judice, illegal and void; and the Right of sending Burgesses to Parliament, is questionable in Parliament only; and the Occasioners, Procurer●, and Judges in such Quo Warrantoes and Proceed, are punishable as in Parliament shall be thought consonant to Law and Justice. Moreover, some Members of this Parliament (who had the following Rebellion in their Design) did, in order to inform themselves of the Quantity of the Stores, Ammunition, and Provisions, and the Place where they were deposited, suggest, That there was a Plot by some of the Lord Stafford's discontented Servants, to destroy the Parliament; and therefore procured a Committee of both Houses to be appointed, to search the Rooms under the Place where they sat; which they did, but sound no Powder there: Then they desired to see where the Stores were; but the Lord Justice Burlace, who was Master of the Ordnance, denied them that Request, which they took very ill. The Popish Party did also oppose the Disbanding of the new Army, raised by the Earl of Strafford; however, it was at length effected on the Tenth day of * Rather July, quaere. August, and the Arms and Ammunition were carefully brought into His Majesty's Stores. In the mean time, it being convenient to give the Members a short Recess, to attend their Harvest, and their other Occasions, and there being no sudden expectation of the Irish Committee's Return from England, the Parliament, by their own Consent, was, on the Seventh of August, adjourned to the Ninth of November; which, for want of greater cause of Complaint, was afterwards reckoned amongst their Grievances. But, contrary to all men's expectation, the Irish Committee of Parliament in the latter end of August returned loaden with Graces and Favours for that Kingdom; particularly, in reference to the Customs, especially of Wool and Tobacco; whereof the Lords Justices sent immediate notice to the several Ports of the Kingdom; and in this short Interval of Parliament, busied themselves in framing such Bills to pass the next Session, as the Committee had obtained His Majesty's Consent unto. And in this quiet and serene Condition was the Kingdom of Ireland, not suspecting the least Disturbance from the Papists, who were not under any Persecution upon the account of Religion, their Clergy exercising their Functions as safely, and almost as publicly, as the Protestants. They were obliged to the King by the easiest of Governments, and the Graces and Concessions he had lately vouchsafed unto them; and they were fastened to the English by all the Ties of Interest, Friendship, Marriage, and (which is more in their esteem) Gossipping and Fostering: And they were engaged to propagate the Public Peace, by their own happy, free, and flourishing Condition; for now the Papists, without taking the Oath of Supremacy, freely enjoyed the Offices of Sheriffs of Counties, Magistrates of Corporations, etc. But all this was overbalanced by their Bigotry and National Malice, which opened one of the bloodiest Scenes that ever was seen in the World. For on Saturday the Twenty third of October, 1641. (being a Day dedicated to St. Ignatius, Temple, 16. a fit Patron for such a Villainy) broke out a most desperate and formidable Rebellion, an universal Defection, and general Revolt, wherein not only all the mere Irish, but almost all the Old English that adhered to the Church of Rome, were openly or secretly involved. The Conspirators pitched upon the Day because it was Market-day at Dublin, and therefore a Concourse of People would the less be perceived or suspected; and they chose the time of Year, because Harvest was in, and the Half-years Rend generally in the Tenants Hands, and because the Season of the Year would hinder Relief from England until the next Spring, before which time they hoped to have effected all their Designs. It was a premeditated Rebellion, Lord Justices and Councils Letter. foretold by Sir Henry Bedingfeild, a Roman Catholic of Norfolk, in April before, and suspected by the King, as appears by Sir Henry Vane's Letter, ante pag. 64. And it was in contrivance, partly at home, and partly abroad, before the Troubles either of England or Scotland began. Memoirs, 22. It was communicated to the English Papists by the Popish part of the Irish Committee then in England; Husbands 2. part, 247. And it was finally concluded and resolved on at the Abbey of Multifernam; and the * Dr. Jones' Examination, Appendix 9 Scheme of the Government, and the Measures of the Rebellion, were concerted and settled there; though it seems, by the Lord Macguir's Examination, that the Day was appointed at Loghross. But (as the Lords Justices and Council in their Letter express it) none of the former Rebellions could parallel this, either in the dangerous Original, the unexampled Cruelty and extreme Hatred to the British Nation, in the barbarous Progress, or in the terrible Consequences aimed at therein; being no less than to wrest from His Majesty His Sceptre and Sovereignty; to destroy and root out the British and Protestants, and every Species of English, out of the Kingdom, to suppress God's Truth, and set up Idolatry in the stead of it; and finally, to Invade the Realm of England. And in another Letter they affirm, That the barbarous and execrable Cruelty of the Irish, exceeded any that ever was exercised by Turks or Infldels against Christians. And even the Earl of Castlehaven, Memoirs, 25. P. W. Remonstrance, 594. tho' a Papist, and Peter Walsh, tho' a Franciscan Friar, do confess, That the barbarous Design of this bloody Conspiracy was no less than to extirpate the Protestants, and totally to root them out of that Kingdom: And they intended to effect this by the most inhuman Methods, Declaration of Parliament, 21. viz. a General Massacre, and Universal Plundering. Nor did they come much short of attaining their End; Dr. Maxwell's Examination. for in the first Three Months of this Rebellion they murdered and otherwise destroyed One hundred fifty four thousand Protestants, Lord Justice's Letter of 16 March, 42. Men, Women, and Children, as the Priests themselves computed it, and as one of their own Writers, by way of ostentation, hath published. Bishop Bedell's Life, 179. And without doubt, Temple, 16. no Nation can parallel the horrid Cruelties and abominable Murders, without Number or Mercy, committed on the British throughout the Land, without distinction of Quality, Sex, or Age; Memoirs, Epist. 1. and certainly it was bad enough, when the Earl of Castlehaven himself confesseth, That all the Water in the Sea cannot wash away the Gild of the Rebels; the Rebellion being begun most bloodily, in a Time of Peace, and without Occasion given. They destroyed the Soul, as well as the Body, forcing many weak Christians to turn Papists, and then murdered them whilst they were in the Right Faith, See Append. 10. as they said: And the cruel Manner of their Torturing the English, was more detestable than the Murder itself; some being starved till they eat Pieces of their own Flesh broiled upon Coals; and others were used worse. At Kilkenny, the Lord Mountgarret, and the Mayor and Aldermen, and Three hundred Citizens in Arms, stood by, whilst the Protestants were plundered in that City: Lord Justice's Letter of 14 December. And at Longford, when the Castle was surrendered upon Quarter, the Priest, with his Skein in his Hand, watched at the Gate till the Minister came forth, and then stabbed him into the Guts, and ripped up his Belly; which Signal was observed by the rest, who, in like manner, murdered all the English of that Garrison. Men and Women were stripped stark naked, and in that bitter Winter exposed to the Extremities of Hunger and Cold, whereof many thousands died: Sucking Children were haled from their Mother's Breasts, Remonstrance of Dr. Jones, pag. 8, 9 and one of them was murdered whilst it was sucking its deceased Mother. Nor were Women in Labour used any better▪ One was delivered upon the Gallows; another ripped up, and two Children she went with taken out of her Belly, and thrown to the Swine, who eat them; Burlace, 72. and a third (the Wife of Mr. Oliphant, a Minister) being delivered on her Journey in the Highway, was nevertheless forced to troth on, and draw after her the Child, and the Concomitants of so sad an Accident, until she died. But it would be endless to recount all the Instances of their wanton Cruelty, and impossible to frame an Idea in the Mind of the Reader as horrid as their Actions; Dr. Maxwell's Examination, Appendix 10. which were rendered the more inhuman, by the Mirth and Sport they made at the unspeakable Torments and Sufferings of the English. And lest some amongst them should have more Bowels of Compassion than the rest, Lord Justices and Councils Letter, 22 November. the Confederates did prohibit to harbour or relieve any Protestant on pain of Death; and declared, they would not lay down Arms whilst there was the Seed of an Englishman in Ireland: And to leave no room for Reconciliation, they put to death in Ulster a Messenger sent to them by the State. The Motives to this Conspiracy were, First, The happy Conjuncture for such a Design, whilst England and Scotland were embroiled: Secondly, The Example of the Scots, who had reaped Advantage by their Mutiny; and the Irish expected as much at least: And, Thirdly, The Number of able Men ready to enter into this Rebellion, which they computed to be Two hundred thousand, or more. But the Pretences for this Rebellion were exceeding weak, and such as manifest, that they will rise as often as they get opportunity; and, in effect, do upbraid the English with Stupidity, that after so much Experience, they should suffer them to be in a Condition to Rebel any more; Memoirs, 9 and they are briefly these. 1. That the Irish were looked upon as a Conquered Nation. 2. That the Six Counties in Ulster (escheated to the King) were disposed for the most part to British. 3. That there was a Rumour, that Seven Counties more would be seized by the King. 4. That the Popish Religion was persecuted in England, and they were afraid would be so in Ireland. Thus Rumours and Fears, tho' without Cause, are by the Popish Advocates thought sufficient Justifications of an Irish Rebellion; and the Author of the Bleeding Iphigenia assures us, Pag. 23. That this War is justified by a Learned Pen; and he wonders it should be called a Rebellion, as if (says he) our taking up Arms for our necessary Defence of Lives and Religion, against the Protestants, our Fellow-Subjects, were a Rebellion. He argues from the Principle of Self-preservation, and the Law in the Case of Homicide se defendendo, That it is lawful to make War for Defence of Life or Estate; and, à fortiori, for Religion; and concludes, That it may be done to prevent a Danger that is foreseen, (i. e. rumoured or feared): And that was the Case of the Papists, says he; they were necessarily to be destroyed by the Presbyterians, and therefore they did wisely to begin first. But whoever considers the three Antipathies of Nation, Interest, and Religion, already mentioned, will easily find, that the true Design of this Universal Rebellion was, 1. To destroy the English. 2. To regain their Estates: And, 3. To establish Popery. And all other Pretences are without Foundation, and vain. This horrid Conspiracy was on the Twenty second of October discovered to the Lord Justice Parsons, by Owen O Conally an Irishman, (but bred a Protestant by Sir John Clotworthy) and he being drunk, told his Story so oddly, and delivered this surprising Information so incoherently, that small regard was had to what he said; and therefore he was dismissed, with Directions to make farther Discoveries, if he could. Nevertheless, the Lord Parsons went to his Colleague (Burlace) at Chichester-house, to communicate Conally's Intelligence unto him; and whilst the Lord Justice Burlace was fretting, that Conally should be so slightly dismissed, Vide his Examination, Append. 2. behold, about Ten a Clock at Night he came again, and confirmed his former Story: Whereupon several of the Conspirators were that Night apprehended; and tho' James Warren and Paul Neale found means to escape out of Custody, yet the Lord Macguire (in whose Lodgings were found many Hatchets, Skeins, and Hammers) and Mac Mahon were taken, and kept safe until their Execution. It was about Five a Clock in the Morning (23d. of October) when Mac Mahon was Examined and Confessed, That on that very day, all the Forts and strong Places in Ireland would be taken; that he with the Lord Macguire, Hugh Brine, Captain Bryan O Neale, and several other Irish Gentlemen, were come expressly to surprise the Castle of Dablin, and that Twenty men out of each County, were to be here to join with them; That all the Papist Lords and Gentlemen in the Kingdom, were engaged in this Plot, That what was to be done in other parts of the Country, was so far advanced by that time, as it was impossible for the Wit of Man to prevent it, that they had him in their Power, and might use him as they pleased, but he was sure be should be revenged. And it is observable, that Mac Mahon's Fancy was so full of the Bloody Tragedy, which was to be Acted that day, that (during Owen O Conallies Examination) as he walked in Chichester-Hall; he drew with Chalk several postures of Men, some on Gibbets, and some grovelling on the Ground; so much was he delighted with what he thought, or rather knew, would soon be the Condition of the miserable English. Nor is it to be omitted, that Sir William Cole (upon the Information of John Cormuck, and Flagharty Mac Hugh, that the Irish did design to seize on the Castle of Dublin; and murder the Lords Justices and Council, and the Protestants there) did on the 21. of October send Letters, with an Account of that Matter to the Lords Justices; but how they miscarried is not known, but it is certain, those Letters never came to hand. On this First day of the Rebellion, the Irish surprised the Lord Blaney's House, his Wife and Children, and seized the Newry and the Magazine there; See it Burlace 22. wherein were Seventy Barrels of Powder, they also took Dungannon, Fort Mountjoy, Charlemont, Tonrage, Carrickmacross, Cloghouter in the County of Cavan, and Castlemonaghan, and committed many Murders; and the Lords Justices issued a Proclamation, to encourage the English to defend themselves, which were immediately Printed, and sent to several places by Expresses; and from this time forward, there was not a day, and scarce an hour, wherein the dismal Tidings of some new Outrage or Barbarity did not arrive. On the 24th. the Alarms and Fears were so great at Dublin, that the Castle Drawbridge was once let down, and some of the State went to the Platform of the Castle to view the Irish Army, which was (falsely) said to be approaching. The Lords Justices being in this deplorable Condition, did turn themselves to all the Methods of preserving the Kingdom; which so great a Danger did require, and their small Materials would allow, but tho' their Industry was great, their means were inconsiderable; the whole standing Army did not exceed Two thousand ninety seven Foot, and Nine hundred Horse, Officers included; and these were scattered in Single Troops and Companies, or small Parties, into places remote from Dublin, and far distant from one another, so that some of them were cut off by the Enemy, and more of them (being Irish Papists) did revolt to the Rebels; however, they did send Potents, for as many as they thought could safely March, and particularly for the Earl of Ormond's Troop, which came with himself to Dublin, on the Second day of December; and they made Sir Francis Willoughby Commander of the Castle, These Letters are at large. Temple 25. and Sir Charles Coot Governor of the City, and on the 25th. of October sent Owen O Conally with Letters to the Lord Lieutenant, and Sir Henry Spotswood with an Express to the King. But their main hope was, that the Papists of the Pale who were of English Extraction, and had signalised their Loyalty in all former Rebellions, would also stand firm to the Crown in This; and therefore the Lords Justices and Council sent Letters to the Sheriffs of those five Counties, to make their best defence against the Rebels, and to do all that was necessary for their own Preservation. And to encourage as well as enable those Papists, that the State had a good Opinion of, the Lords Justices dispersed Seventeen hundred Arms to the Lords of Fingall, Gormanstown, Dunsany, Slain, Netervill, Merion, Hoath and other Roman Catholic Gentlemen for the Guard of the Pale, and Arms were likewise sent to the Towns of Waterford, Wexford and Trim, with a Licence to import more; they issued also Commissions of Martial Law, for the more speedy Execution of the Rebels, and thereby the more Expeditious Suppressing of the Rebellion; Temple, 55. and these Commissions were directed to Papists, viz. to Henry Talbot for the County of Dublin, John Bellew Esquire for the County of Louth, Richard Dalton and James Tuit in Westmeath, and James Talbot in the County of Cavan: They also gave Commissions of Government, of the respective Counties to several Roman Catholics, viz. the Lords Mountgarret, Gormanstown, Mayo, Costilo, Walter Bagnall, Sir James Dillon, Sir Robert Talbot, Sir Christopher Bellew, Sir Thomas Nugent, and Mr. Nicholas Barnewall; and by these Commissions, these Lords and Gentlemen in their respective Districts, had power to Levy and raise Forces, to Arm and Array, and conduct them, and to prosecute the Rebels with Fire and Sword, to use Martial Law, and to Pardon and receive into his Majesty's mercy, as they should think fit, as may be seen more at large in the Lord Gormanstowns Commission, Postea Appendix 8. But the Lords and Gentlemen of the Pale were deeper in this General Conspiracy than the Lords Justices suspected, and therefore were so far from being wrought upon by these Kindnesses, and the Confidence the State placed in them; that on the contrary from the very beginning, they industriously sought for Pretences to break out into Action: Their first Essay was, on the 27th day of October, at which time they picked a Quarrel at the words Irish Papists, in the Proclamation against the Rebels, as being Terms so General and Comprehensive, that themselves might seem included; and tho' they (being Old English) had scarce a fair Pretence for that Cavil, yet to satisfy them, those words were by a Second Proclamation of the 29th. of October explained to extend to none, but such as were in Rebellion. Their Second Attempt was, at the Session of Parliament on the Sixteenth of November, where they endeavoured to Palliate the Rebellion; and smooth and soften their Protestation against it, and complained at the Shortness of the Session, whereby they were hindered as they said of means, to suppress the Insurrection. But finding neither of these sufficient, they had afterwards Recourse to other as ill grounded Complaints hereafter mentioned, and in the mean time they excused themselves to the State, that they were not able to raise Men according to their Commissions of Government, by which Answer, and some other Passages, the Lord Justices perceived, That even those of the Pale were Tainted with the infection; and therefore they recalled the Arms they had delivered out to them, and by a great deal of industry they recovered about Nine hundred of them, and the rest were treacherously made use of against the State, that had too credulously trusted the Roman Catholics with them at so critical a Juncture. In this extremity and want of all things, especially Money, Application was made to the Corporation of Dublin; but that famous City, (the Metropolis of the Kingdom) would not advance more than Fifty Pounds, tho' upon so great an Emergency; whereby the State was convinced, that the Rebellion was Universal, and that even those (the Citizens) that did not dare to appear openly in it, were yet secretly Wellwishers to the Cause, and in their Hearts devoted to the Persons and Designs of the Rebels. And this was the more manifest, because the Popish Citizens did rarely, if at all, administer any the least Comfort to the poor and plundered English; insomuch that the Protestants perished in such Multitudes at Dublin, that the Churchyards being full of Graves, the Lords Justices were fain to provide two large Pieces of Ground, for new Burying-places for them. The Lords Justices, by their Proclamation of the Twenty seventh of October, caused Michaelmas Term to be adjourned, and sent Four hundred Muskets by Sea to the Lords Viscounts of Clandeboys and Ardes; and also sent Commissions to them to raise the Scots, and to receive Submitting Rebels to Mercy; and they also wrote to the Lords Precedent of Munster and Connaught to be on their Defence. And because of the great Concourse to Dublin, and the danger that City was in, upon the Complaint of the Magistrates thereof, all Strangers were commanded by Proclamation to departed the City, upon pain of Death; but no body was punished for disobeying that Order, altho' there was a second Proclamation against the Harbourers of such Strangers. But how general soever this Rebellion was, and how cruel soever the Authors of it were, Vid. Appendix, 10. altho' the very Women and Children were active in stripping and murdering the distressed English; yet the Execution could not be so great, nor with so little Loss to the Irish, but that the English were wheedled to put a Confidence in their Irish Landlords, Tenants, Servants, and Neighbours, with whom they had lived kindly, and to whom they had given no manner of Provocation; and so neglecting the proper Means of defending themselves, they were miserably betrayed, and perfidiously destroyed, by those they trusted; it being esteemed a Mortal Sin amongst most of the Rebels, to relieve or protect a Heretic. But in some places the English, to considerable Numbers, were embodied together; and being in a condition to make some Resistance, were promised Quarter, and good Articles, upon Oath: But as soon as they submitted, they were also treacherously murdered: And thus they were served at Loughell, Temple, 41. Armagh, Belturbet, Longford, Tullogh, New-Town, Burlace, 71. Sligo, and many other Places. At first the Rebels did pretend to spare the Scots, and to make a Difference between them (whom they professed a Kindness for, because they were Strangers, and their Religion likewise persecuted by the parliament) and the English, against whom they expressed a most bitter and inveterate Hatred; and to disguise their Designs, they did actually Forbear them for about ten days, till the English were destroyed; and then they fell upon the Scots also, and made no farther distinction between British Protestants. By the First of November the Protestants had very little left in Ulster, except Londonderry, Colerain, and Iniskilling, and half the County of Down, and part of the County of Antrim, which the Government was in an ill Condition to provide for or relieve, and had no hopes of retrieving that part of Ulster, which was lost, and so deeply drenched in innocent Blood, otherwise than by Force of Arms; but as to the Counties of Meath, Westmeath, Longford, and Louth, which were not yet so deeply plunged in Robberies and Murders, the Lords Justices had hopes of their Submission, and therefore did issue their Proclamation of Pardon to all that would submit within Ten days, Freeholders and Murderers only excepted. But whilst these things were doing, viz. on the First of November, the Parliament of England voted a Supply of Fifty thousand Pounds for the Relief of Ireland, and that all the Papists of Quality in England be secured, and that none except Merchants shall pass to Ireland without a Certificate, and that a Pardon be offered to the Irish Rebels, and that Owen O Conally, the Discoverer of the Plot, should have Five hundred Pounds in Money, and Lands worth Two hundred Pounds per Annum, settled upon him: And this Order was, 12 November, printed in Dublin, and dispersed all over the Kingdom, but without any Effect. For now the Rebels were elevated, and had form a Design against Tredagh, whereof Doctor Jones (afterwards Bishop of Meath) gave timely notice, so that it was prevented; for tho' the Lord Moor had made a seasonable Entry into that Town nevertheless the Inclination of the Townsmen, and of Sir John Nettervill, (who had a Foot Company there in the King's Pay) being manifestly favourable to the Rebels, the Place was not safe without a stronger Garrison: and therefore Sir Henry Tichbourn, with a Regiment of Foot and two Troops of Horse, was sent from Dublin the third day of November, and came safe to Tredagh the next day. On the Fourth of November Sir Phelim O Neale and Rory Macguire, from their Camp at Newry, published, That they had a Commission from the King, under the Great Seal of England, for this Insurrection: And one Harison having taken the Seal from an old Patent of the Lord Cawfeild's at Charlemont, and fixed it to a forged Commission, they sent attested Copies of it in Letters to their Confederates, thereby blacking their Insurrection with the worst of Circumstances, viz. by laying it to the Charge of His Majesty, who upon all Occasions expressed his Detestation of it; and by this means they raised more Enemies to the King, and created more Jealousies in the Minds of His Protestant Subjects, and gave more Colour and Umbrage for the Suspicions that were then entertained of Him, than any other Action of that Time could do: And indeed this single Act of theirs did His Majesty more mischief, than all the pretended Loyalty of that Party since that time can atone for. However, to obviate the dismal Effects of that impudent Forgery as much as they could, the Lords Justices did, Burlace, Append. 3. by their Proclamation of the Thirtieth of October, 1642. publish that Shame to be false and scandalous. And it is very observable, That this Contrivance of theirs, from whence they hoped to derive so much Advantage, was the Occasion of their Ruin; for the King, to vindicate himself from this gross Aspersion, was necessitated to devolve the Management of the War upon the Parliament, and to consent to the Act of Adventurers, which disposed of most part of the Rebels Estates; and indeed; to humour them in every thing relating to Ireland, and particularly, in giving up Carrigfergus to the Scots. And on the same Fourth of November, Temple, 50. the Parliament of England voted, 1. That Twenty thousand Pounds be forthwith supplied for the present Occasions of Ireland. 2. That a convenient Number of Ships shall be provided, for the Guarding of the Seacoasts of that Kingdom. 3. That this House holds fit, that Six thousand Foot and Two thousand Horse shall be raised with all convenient speed; for the present Expedition into Ireland. 4. That the Lord Lieutenant shall present to both Houses of Parliament such Officers as he shall think fit to send into Ireland, to Command any Forces to be transported thither. 5. That Magazines of Victuals shall be forthwith provided at Westchester, to be sent over to Dublin, as the Occasions of that Kingdom shall require. 6. That the Magazines of Arms, Ammunition, and Powder, now in Carlisle, shall be forthwith sent over to Knockfergus in Ireland. 7. That it be referred to the King's Council, to consider of some fit Way, and to present it to the House, for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland, and for a Pardon of such of the Rebels in Ireland as shall come in by a Time limited; and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such Principal Rebels as shall be nominated. 8. That Letters shall be forthwith sent to the Justices in Ireland, to acquaint them how sensible this House is of the Affairs in Ireland. 9 That the Committee of Irish Affairs shall consider how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in the Business of Ireland. 10. That Directions shall be given for the drawing of a Bill for the Pressing of Men for this particular Service for Ireland. In the mean time the Lords Justices and Council did all that was possible for the Preservation of the Kingdom: They on the Fifth of November dispatched a second Express to the King, and another to the Lords of the Council; and then (and not before) wrote to both Houses of Parliament, and sent a Duplicate of it to the King; and they form a thousand of the stripped English into a Regiment, under Sir Charles Coot; and soon after, they raised two Regiments more, under the Lord Lambert and Colonel Crawford. They also took care to Victual the Castle of Dublin, and to clear an old Well that was in it, and to do all things necessary to fit it for a Siege. And to prevent any Surprise that might happen, by the great Concourse of People to the Castle, they removed the Council to Cork-house, and often sat there in Council; which was a great Oversight, and might have been Fatal to them, if the Lords of the Pale (who soon after went out into open Rebellion) had had the Courage to seize upon them there, as they easily might have done. On Saturday the Sixth of November, Philip O Rely, Knight of the Shire, and the Irish of the County of Cavan, sent an insolent Remonstrance to the Lord Justices, by Doctor Jones, (whose Wife and Children they had at their Mercy) and impowered him to assure their Lordships, That there should be a Cessation of all things, till the return of his Answer. But tho' the Lords Justices gave a Civil Answer to it, and sent the Remonstrance to the Lord Lieutenant, (to whom the King had ordered them to apply themselves about the Affairs of Ireland) yet the very next Monday, being the vl of November, and before any Answer could come, these Remonstrants Rendezvoufed● at Virginia, a Town in the County of Cavan, and proved the fiercest Rebels of all; and by the Eleventh of December, had taken the whole County of Cavan, except the Castles of Keighlah and Croghan, which were also surrendered to them the Fourth of July, 1642. and Thirteen hundred and forty English Persons were thence (according to Articles) conveyed to Tredagh. On the Eleventh of November the Lord's Justices published another Proclamation, prohibiting all unnecessary Persons from repairing to Dublin; which the Irish took very ill, and made a great noise about it, tho' no Person of Quality or Business was in the least restrained by that Proclamation: But their Design was to pick Quarrels, and to manage all Accidents to that purpose. On the Twelfth of November the County of Wickloe appeared in its proper Colours; they murdered or rob all the English Inhabitants within that County, and burned the principal Houses, and laid Siege to Fort-Carew, which the Lords Justices had not Means to relieve. The Counties of Letrim, Longford, Westmeath, and Louth were already infected: and Wexford and Caterlogh followed the bloody Examples of their Neighbours; and even the County of Kildare itself began to put on a terrible Countenance; and the Irish of the Pale having gotten Arms from their English Neighbours, under pretence of opposing the Rebels, were the better able to do Execution on those stupid Protestants that so foolishly parted with them to their National and Hereditary Enemies. The Lords Justices had by Proclamation Prorogued the Parliament to the Twenty fourth of February; but at the Importunity of some Irish Lawyers, who pretended great Affection to the King, and earnest Desires to quench the Rebellion, the Parliament (which was a very thin one) was permitted to meet on the Sixteenth of November; and than it was visible, that more were tainted with the Infection, than appeared openly in Rebellion; for the Popish Members did, with great Cunning and Artifice, endeavour to varnish or excuse all the Actions and Cruelties of the Rebels; and those who seemed most to discountenance the Insurrection, did nevertheless cover it over with such a Veil, treat of it so nicely, and handle it with so much tenderness, as if themselves (most of them being of the Conspiracy) were immediately to participate of the Punishment, as well as they were clandestinely involved in the Plot: They would by do means have them called Traitors or Rebels, but advised rather to use the soft Expression of DISCONTENTED GENTLEMEN: But the Protestants scorning to be put upon so, one of them expressed himself so briskly and so judiciously, that the Irish finding they could not get a better, agreed, with much ado, to the Protestation against the Rebels recited here, Append. 12. And so having sat two days, the Parliament was Prorogued to the Eleventh of January, having first appointed a Committee of Both Houses to Treat with the Rebels, and a Commission issued accordingly; but the Traitors were so puffed up with their innumerable Victories over the naked and unresisting English, that they tore the Order of Parliament, and the Letter that was sent them, and refused to Treat. But the Lord Dillon of Costilo (who, since the Rebellion broke out, was by His Majesty's former Orders sworn Privy Counsellor) was deputed by the Popish Lords to attend the King; and the Lord Taaf and Mr. Burk went with him; but before he Embarked, he presented the Lords Justices and Council a scandalous Letter, See it Append. 3. in nature of a Remonstrance, from the Rebels of the County of Longford, which nevertheless was framed in the Pale, wherein, amongst other things, they demand Freedom of Religion, and a Repeal of all Laws contrary thereunto: And this produced the Vote of the Eighth of December, in the Parliament of England, That they would never give Toleration of the Popish Religion in Ireland, or any other of His Majesty's Dominions. These Irish Agents happened to be intercepted by the Parliament, and imprisoned; and their Papers being rifled, it was found to be one of the Private Instructions to the Lord Dillon, to move, That no Forces might be sent over to Ireland, but that it might be left to the Remonstrants to suppress the Rebellion: 2 Temple, 9 But afterwards they made a shift to escape out of Prison, and diligently followed the King's Camp, and effectually solicited the unhappy Cessation, Husbands' Collections, 2 part, 247. which afterwards ensued, and whereof this Longford Remonstrance was the Parent and Foundation. But what regard these Lords had to His Majesty's Service, will appear by their vain Expressions in a Letter to the Lord Muskery, Anno 1642. viz. That tho' it did not stand with the Convenience of His Majesty's Affairs, to give him Public Countenance; yet that the King was well pleased with what he did, and would in time give him Thanks for it. Which being dscovered to the Parliament, by Mr. Jepson, a Member of that House, begat strange Jealousies of His Majesty's Proceed then, tho' now it is manifest; those Expressions related to the Cessation that was in Enbryo, and not to the Rebellion, which the King always abhorred. In the mean time, the King sent some Arms from Scotland, to Sir Robert Steward, and others, in Ulster, on the Eighteenth of November; and Commissions to raise Forces: Particularly, the Lord Mongomery had Commission to raise 1000 Foot, and 500 Horse; and he did raise the Foot, and three Troops of the Horse. And on the Nineteenth, the Lords Justices had an Account, that His Majesty had left the Management of the Irish War to the English Parliament; and the Order of Parliament was sent to them, together with 20000 l. in Money, and a Commission to the Earl of Ormond to be Lieutenant-General of the Army; and also the following Order of Both Houses of Parliament, viz. THE Lords and Commons in this present Parliament being advertised of the dangerous Conspiracy and Rebellion in Ireland, by the treacherous and, wied Instigation of Romish Priests and Jesuits, for the bloody Massacre an Destruction of all Protestants living there, and other His Majesty's Loyal Subjects of English Blood, tho' of the Romish Religion, being ancient Inhabitants within several Counties and Parts of that Realm, who have always a former Rebellions given Testimony of their Fidelity to this Crown; and for the utter depriving of His Royal Majesty, and the Crown of England, 〈◊〉 the Government of that Kingdom (under pretence of setting up the Po●● Religion:) have therefore taken into their serious Consideration, how the mischievous Attempts might be most speedily and effectually prevented wherein the Honour, Safety, and Interest of this Kingdom are most nearly and fully concerned. Wherefore they do hereby declare, That they do intends serve His Majesty with their Lives and Fortunes, for the Suppressing of this wicked Rebellion, in such a way as shall be thought most effectual by the Wisdom and Authority of Parliament; and thereupon have ordere● and provided for a present Supply of Money; and raising the Number of Six thousand Foot and Two thousand Horse, to be sent from England, being ●●e full Proportion desired by the Lords Justices, and His Majesty's Counc● resident in that Kingdom, with a Resolution to add such further Succours as the Necessity of those Affairs shall require. They have also resolved of providing Arms and Munition, not only for those Men, but likewise for His Majesty's faithful Subjects in that Kingdom, with store of Victuals, and other Necessaries, as there shall be occasion; and that these Provisions may more conveniently be transported thither, they have appointed Three several Ports of this Kingdom, that is to say, Bristol, Westchester, and one other in Cumberland, where the Magazines and Storehouses shall be kept. for the Supply of the several Parts of Ireland. They have likewise resolved to be humble Mediators to His Most Excellent Majesty, for the Encouragement of those English or Irish, who shall, upon their own Charges, raise any Number of Horse or Foot, for His Service, against the Rebels, that they shall be honourably rewarded with Lands of Inheritance in Ireland, according to their Merits. And for the better inducing the Rebels to repent of their wicked Attempts, they do hereby commend it to the Lord Lieutenant of Ireland, or, in his absence, to the Lord Deputy or Lords Justices there, according to the Power of the Commission granted them in that behalf, to bestow His Majesty's gracious Pardon to all such as within a convenient Time (to be declared by the Lord Lieutenant, Lord Deputy, or Lords Justices and Council of that Kingdom) shall return to their due Obedience; the greatest part whereof, they conceive, have been seduced upon false Grounds, by the cunning and subtle Practices of some of the most malignant Rebels, Enemies to this State, and to the Reformed Religion; and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant, Lord Deputy, or Lords Justices and Council, upon all those who shall arrest the Persons, or bring in the Heads of such Traitors as shall be personally named in any Proclamation published by the State there. And they 〈◊〉 hereby exhort and require all His Majesty's loving Subjects, both in this and in that Kingdom, to remember their Duty and Conscience to God and his Religion. On the Twentieth day of November the Lord's Justices wrote again to the Earl of Leicester, Lord Lieutenant, for Supplies of Men; and desired, that he would hasten thither in Person: And ●●on after, by their Proclamation, they ordered, that Dublin be fortified. But it is time to return to Sir Philemy O Neal, who (having taken Dundalk, and in it a Foot Company, which surrendered upon the first Summons, and all their Arms, as also the Town of Ardee) marched his Victorious Rabble of Four thousand Men to Lisnegarvy, and on the Twenty second day of November attempted the Town; but the Garrison being Four hundred Foot and One hundred and eighty Horse, under Sir Arthur Tyringham, repulsed him, with the loss of many Irish, and Six Colours. Another Party of the Rebels sat down before Melifont, Novemb. 24. and found a brisk Defence from the Garrison, being Fifteen Horse and Twenty four Musquetiers; but their Powder being spent, the Horsemen forced their Way through the Irish Camp to Tredagh, and the Foot surrendered upon Articles, which the Rebels perfidiously broke, and butchered several of them in cold Blood, because they had ki●●ed 140 Irishmen in defence of the Place. By this Remora the intended Siege of Tredagh w●s delay●●; and therefore on the Twenty seventh day of November the Lord's Justices sent Six hundred new-raised Foot, and a Troop of Horse, to reinforce the Garrison there; but the Lord Gormanston's Groom (by his Master's privity) gave notice of their March to the Irish; who being three time their Number, 2 Temple 16. fell upon them at Gellingstown-Bridge, on the Twenty ninth of November, and by the Folly or Treachery of a Captain that commanded a Countermarch, and the Unexperience of the Men, they were disordered, and above Five hundred of them slain; at which the Popish Inhabitants of Dublin did very much rejoice, and the Lords of the Pale did thereupon take off their Vizard. But much better Success had Sir Charles Coot, who marched from Dublin the same 27th. of November, to relieve the Castle of Wicklow, and to quell the insolence of those Rebels, that had come in Hostile manner within two miles of the City; for on the 29th. of the same Month he beat Luke Toole, and One thousand Rebels, and put them to a shameful Flight, and thereby became so terrible to the Irish, that they seldom afterwards made any resistance, where he was. Nevertheless, the Irish were so elevated by the Victory at Gellingstown-bridge; and the delay of Succours from England, that the Lords of the Pale (who were really the first Contrivers of this Rebellion, and whose Tenants and Servants were openly or& secretly concerned in it from the beginning, and they themselves had hitherto looked on, whilst the English were rob, and had given no help or Assistance to the State) having now drawn the Rebels into the Pale, 2 Temple 18. believing it impossible to dissemble the Matter much longer, began to unmask themselves and appear Bare-faced; insomuch, that the Lord Gormanston on the Second of December, Mr. D●●dal's Examination. Burlace 39 issued a Warrant to the Sheriff of Meath, to Summon the Popish Lords and Gentry of that Country to meet at the Hill of Crofty, and above One thousand of them met; and Colonel Mac Mahon, Philip O Rely, Roger Moor, etc. came to them with a Guard of Musketeers; whereupon the Lords of the Pale road towards them, and (as formally as the Lord Mayor expostulates with the Privy Council at Temple-Bar) demanded of them, why they came Armed into the Pale: They replied, That they took up Arms for Liberty of Conscience, and maintaining of his Majesty's Prerogative, in which they understood he was abridged, and to make the Subjects of this Kingdom, as Free as Those of England were. But, says the Lord Gormanstown, Are not these Pretences, and not indeed the true Grounds of your taking Arms, and have you not some private ends of your own? To which they answered, That they had no private ends, but did it upon the aforesaid Reasons, and professed great Sincerity to his Lordship; whereupon he told them, That seeing those were the true ends of their Insurrection, he and all the rest would join with them, and immediately it was proclaimed, that whosever denied to join with them, or refused to assist them therein, they would Account him an Enemy, and to the utmost of their Power labour his Destruction, and thus Valence and Brabant were joined (as Sir Philemy O Neal phrased it) and the Lords of the Pale Confederated with their ancient and hereditary Enemies, and became so barbarously Cruel, that they bragged afterwards, That they had killed more Protestants in Fingall only, than were Slain in some other whole Counties. But on the Third of December, the Lords Justices and Council dissembling their knowledge of these Transactions, wrote to the Lords of the Pale to come to Dublin, and consult for the safety of the Kingdom; whereupon the Lords of Kildare-Merion and Hoath came, but the other Lords had another meeting at the Hill of Taragh, on the Seventh of December, and by Advice of their Lawyers, sent the following Answer to the Lords Justices. May it Please your Lordships, WE have received your Letters of the Third instant, intimating, that you had present Occasions to confer with us, concerning the present State of the Kingdom, and the safety thereof in these Times of Danger, and requiring us to be with you there on the Eighth of this instant. We give your Lordships to understand, That we have heretofore presented ourselves before your Lordships, and freely offered our Advice and Furtherance towards the Particulars aforesaid, which was by you neglected; which gave us cause to conceive, that our Loyalty was suspected by you. We give your Lordships further to understand, That we have received certain Advertisement, That Sir Charles Coot Knight, at the Council-board, hath offered some Speeches tending to a Purpose and Resolution to execute upon those of our Religion a general Massacre, by which we are all deterred to 〈◊〉 on your Lordships, not having any Security for our Safety from those threatened Evils, or the Safety of our Lives, but do rather think it fit to stand upon our best Guard, until we hear from your Lordships, how we shall be secured from those Perils. Nevertheless, we all protest, That we are and will continue faithful Advisers; and resolute Furtherers of His Majesty's Service, concerning the present State of this Kingdom, and the Safety thereof, to our best Abilities. And so with the said Tender of our humble Service, we remain, Your Lordship humble Servants, Fingall, Gormanstown, Slain, Dunsany, Nettervill, Oliver Louth, Trimletstowne. In like manner, Luke Nettervill▪ in the beginning of December, upon three days Summons, assembled Twelve hundred armed Men at Swords, within Six Miles of Dublin, and arrayed them under the Captains Golding, Russell, Travers, Holywood, etc. which would have been impossible to have done on so short warning, if they had not been privy to the Conspiracy long before, and had not made Preparations for it. The Lords Justices sent a Message to them ro disperse; but they returned for Answer, That they were constrained to assemble together, for the safety of their Lives; that they were so terrified by the Excursions of some Horse and Foot from Dublin, that murdered Forth Catholics, merely for being so, that they durst not stay at home, and therefore resolved to continue together for their mutual Preservation until they should be assured by their Lordship of the safety of their Lives. But these were but Pretences to palliate their Insurrection, and to insinuate a Necessity of the Rebellion they had entered into; and therefore the Lords Justices did endeavour in vain, by two Proclamations of the Thirteenth of December, to remove these Jealousies, and satisfy or answer the Objections, altho' in one of them they assured Nettervill and his Comragues of free egress and regress, 2 Temple, 29. and that the Four that were killed were in actual Hostility, and one of them was a Protestant; and in the other they declared, That neither Sir Charles Coot, nor any other, did ever utter at the Council-board, or elsewhere, any Speeches tending to a Purpose or Resolution to exeecute on the Papists, or any other, a general Massacre; nor was it ever in their thoughts, to dishonour His Majesty or the State by so odious, impious, and detestable a thing; and gave the Lords of the Pale assurance of their Safety, if they would repair to Dublin the Seventeenth of that Month. But all these Condescensions had no good effect; on the contrary, these Favours were interpreted to proceed from the weakness of the State, and consequently tended to heighten the Insolences of the Rebels. For that very day after the Proclamations were published, some of Netervill's Party seized a Boat in the Harbour of Dublin, 2 Temple, 27. and rob it, and put the Pillage into Mr. King's House at Clontarfe, and threatened to encamp at Clontarfe, which is but two small Miles from Dublin. Whereupon, the next day, being the Fourteenth of December, the Lieutenant-General was ordered to send out a Party to Clontarfe to remove them, which Sir Charles Coot on the Fifteenth of December performed effectually, without any Opposition, and burned the village, and Mr. King's House. In like manner, the Lords of the Pale slighted the aforesaid Proclamations, and on the Sixteenth day of December proceeded to appoint General Officers, and declared the Lord Gormanstown General of the Pale, Hugh Birne Lieutenant-General, the Earl of Fingall General of the Horse, and gave such Order about raising Men and Provisions, as they thought convenient. Nettervill and his Party being reinforced from Kildare and Wicklow, continued at Finglas and Santry from the Fifteenth of December to the Twenty second, at which time Colonel Crawford drove them from Finglas with much ado, and the very Name and Approach of Sir Charles Coot frighted them from Santry in such haste, that they left a great deal of their Equipage and Provisions behind them: And yet at the same time Three hundred Rebels appeared again at Clantarf, and had the day before robbed two English Barks in the Harbour, and carried the Booty to Barnwall's House at Brimore, and the Prisoners to the Lord Gormanstown's House, whence they were sent to Balruthery. And thus Dublin was in a manner blocked up: Naas, Kildare, Trim, and Ashboy were in the Rebels Hands, and the City was almost surrounded with Irish Soldiers. Nettervill lying at Swords with Two thousand Men, took the Castle of Artain, within two Miles of Dublin; and Colonel Roger Moor lay at Rathcool with Two thousand more; and Four thousand of the County of Wicklow came within four Miles of Dublin on that side; so that the Government could give no Relief to the Distressed Protestants, who were cooped up in several Castles, and made piteous Complaints: And therefore the State was necessitated to suffer the English of the Inland Counties to be destroyed, and all the Walled Towns in the Kingdom (Tredagh and Carigfergus, and the Walled Towns of the Counties of London-derry and Cork, only excepted) to be reduced under the Power of the Rebels; who, in imitation of the Holy League in France, styled themselves THE CATHOLIC ARMY, and took the following Oath of Association, framed by the Clergy; so that all the Government could do was, to write a mournful Letter to the Lord Lieutenant, which is to be found 2 Temple 39 and is very well worth perusal, but too long to be here inserted. The Oath taken by the Irish. I A. B. do in the Presence of Almighty God, and all the Saints and Angels in Heaven, promise, vow, swear, and protest, to maintain and defend, as far as I may, with my Life, Power, and Estate, the Public and Free Exercise of the True and Roman Catholic Religion, against all Persons that shall oppose the same. I further swear, That I will bear Faith and true Allegiance to our Sovereign Lord King CHARLES, His Hiers and Successors; and that I will defend Him and Them as far as I may, with my Life, Power, and Estate, against all such Persons as shall attempt any thing against their Royal Persons, Honors& Estates, and Dignities, and against all such as shall directly or indirectly endeavour to suppress their Royal Prerogatives, or do any Act or Acts contrary to Regal Government; as also the Power and Privileges of Parliament, the Lawful Rights and Privileges of the Subjects, and every Person that makes this Vow, Oath, and Protestation, in whatsoever he shall do, in the lawful pursuance of the same. And to my power, as far as I may, I will oppose, and by all means and ways endeavour, to bring to condign Punishment, even to the loss of Life, Liberty, and Estate, all such as shall either by Force, Practice, Counsels, Plots, Conspiracies, or otherwise, do or attempt any thing to the contrary of any Article, Clause, or any thing in this present Vow, Oath, or Protestation contained. So God me help. In the mean time, a Foot Company of the Standing Army (commanded by White of Lexlip, a Papist) revolted entirely to the Rebels, and so many disguised Papists revolted from the Army, which was full of them, that in some Companies there were not above seven or eight Men left, which manifests, the Conspiracy was general, when Men so circumstanced should betray their Trust; and leaves a necessary Caution to Posterity, not to trust any more of that Kidney in such Stations. However, the Garrison of Tredagh was not discouraged by this Accident, but on the third of October made a successful Sally, to the slaughter of Two hundred Rebels. But on the first of January the King declared the Irish to be Rebels, by Proclamation, Appendix 13. and signed Forty of them (being the Number desired by the Lords Justices and Council) with his own Hand, and affixed his Privy Signet unto them; and they were brought to Dublin on the twentieth of January, and published, without any effect. In the mean time, the Lords Justices, on the twenty eighth of December, issued a Proclamation, to prohibit Strangers from flocking to Dublin without Licence; and another, ordering the Country People to bring in their Corn to Market, or else that their Haggards should be put under Military Execution; by which means the Market was pretty well supplied: And on the last day of December, Sir Simon Harcourt, with his Regiment of Twelve hundred Foot from England, landed at Dublin. But whilst these things were doing, Sir Thomas Carey, and Doctor C●le a Sorbonist, offered (from the Rebels) some Propositions, whereupon a Treaty for Peace might be founded, viz. 1. Toleration of Religion. 2. That Papists shall have admittance to all Employments, as well as Protestants. 3. The Wrongs of Plantations since 1610. to be repaired. 4. The Titles of Rebels and Traitors should be taken off the File by Proclamation. But these Terms were too dishonourable, and therefore were rejected. Nevertheless, some Popish Priests, that pretended to more Moderation and Humanity than the rest, were permitted to Treat with the Rebels, and Doctor Cale obtained a Commission from the State to do so, and promised great Success of his Negotiation: But the Rebels were elevated with their Fortune, insomuch that Sir Philemy O Neal refused to Treat, unless Macgulre and Macmahon were set at Liberty; and so that Affair determined. And now Sir Simon Harcourt being made Governor of Dublin, Sir Charles Coot on the Tenth of January was sent abroad to remove the Enemy from Swords, a Village Six Miles from the City. The Irish had barricadoed the Avenues to the Town, and did what they could to defend themselves, but Coot despising their weak Opposition, valiantly forced the Passage, and routed the Party, with the slaughter of Two hundred of them, and returned to Dublin with little or no Loss, except that of Sir Lorenzo Cary, who was killed in this Action. On the Eleventh of January the Parliament was by Proclamation prorogued to the Twenty first of June, 1642. But the Speakers declared to both Houses, ☜ That notwithstanding the Prorogation, it was not. His Majesty's Intention to departed from, or wave any thing he had formerly promised, for the Confirmation of their Estates to such of his Subjects as should continue Loyal. On the Fourteenth of January the Lord's Justices and Council issued a severe Proclamation against Pillagers and Vagrants, that were not Listed under any Commander; and on the Eighteenth published another Proclamation, prohibiting Soldiers from returning to England without Licence, on pain of Death: And on the Twenty fourth of January there landed at Dublin the Lord Lieutenant's Regiment of Foot, under Lieutenant Colonel Monk, (afterward Duke of Albemarle) Sir Michael Earnly's and Colonel Cromwell's Regiments likewise of Foot, and the Lord Lisle's and Sir Richard Gree●vill's Regiments of Horse, which enabled the Lieutenant-General (Ormond) with Two thousand Foot and Three hundred Horse, to march out into the Country, where he burned Newcastle and Lions, and got a cosiderable Booty at the Naas, and by this Jo●●ny removed the Enemy farther off; See this Proclamation, Burlace, Append. 6. and on the Eighth of February the Government issued a Proclamation against the Rebels, prising Sir Philemy O Neal's Head at a thousand Pounds, and the rest at proportionable Rates; against which the Lords of the Pale framed a false and scandalous Protestation. But it is time to return to Tredagh, which, by the importunity of those of the Pale, was become the Rebels chief Aim, and, next to Dublin, the chief Care of the State. It was the principal Scene of Action during the Months of December, January, and February; and therefore I have preserved the Relation of that Siege entire, without mixing it with other Affairs. Tredagh, in Irish, Drogheda; in Latin, Pontana, is an ancient Walled Town, situate on both sides the River Boyne, and united by a Stone Bridge, from which the Town derives its Name. It is about two Miles in Circuit, and about three Miles distant from the Sea. It had neither Bulwark nor Rampire, nor any other Fortification than an ordinary Ditch, and the old Wall. The Haven is not good, the Entrance being very narrow and difficult, by reason of a Bar in the Mouth of the Harbour, which is not passable but at Full Sea, and then (especially on Springtides) a Ship of Sixty Tuns may sail to the Key of Tredagh. Finally, This Town is Governed by a Mayor, aldermans, and Sheriffs, and is a County of itself, and stands in a plain, open, fruitful, and Champion Country. To this Town came the Lord Moor, with his Troop of Horse, from his House at Mellefont, upon the first notice of the Irish Rebellion, even on the Twenty third of October, about Midnight; and being alarmed by the dismal Stories of some which had escaped the Cruelties of the Rebels, he caused the Mayor and Aldermen to be awakened, and excited them to a speedy and vigorous Preparation for their Defence: They promised fairly, but acted slowly; insomuch that altho' many hundreds of the Townsmen well armed used to appear on Muster-days, yet now they could not get above Forty Men together, and those but very ill armed; but afterwards the Number increased to Two hundred. However, this Noble Lord was not discouraged, but having got some old Guns out of a Dungeon, and Four more and some Powder, out of a Ship in the Harbour, he scoured the Ditch, and repaired the Walls, and mounted his Artillery, and reviewed Captain Nettervill's and Captain Rockby's half Companies, each consisting of Forty four Men of the Standing Army, and did every thing else in his power that was necessary for the Defence of the Place. Nevertheless, finding that all this would not do without farther Succour, he went to Dublin in a dark Night, and effectually represented to the Government the Weakness and Importance of Drogheda, and offered to augment his own Troop of Sixty to a hundred and to raise a hundred Foot at his own Charge. But what he obtained, was a Promise, That Succours should be speedily sent: And in the mean time Captain Seafoul Gibson had a Commission, and Arms for a hundred and twenty Men, which he raised in Tredagh in two Hours time, and that very Night they were set on the Watch, and were kept to so hard Duty, that this Captain and the Lord Moor did watch Ten Nights together in their own Persons; which was the more troublesome to them, because they were frequently on every day (especially at Church-time) disturbed with Alarms, purposely made by the Popish Inhabitants to distract them. And altho' the Lord Moor had the good Success in several Sallies and Excursions to kill Two hundred of the Rebels, and to take Eighty Prisoners▪ whereof Six only were hanged; yet the Popish Townsmen (finding that no Supply was come to the Town, nor, as they thought, likely to come, and that, on the contrary, the Rebels had taken Dundalk and Dr●miskin) form several Contrivances to give up the Town. One Night when they designed it, they were prevented by a Rumour, That the Protestants had retaken Newry; and another Night, Captain Nattervill (who had formed his half Company to his mind, and was in the Plot with the Popish Inhabitants) began to quarrel with the Lord Moor, and to commend the Irish, and to affirm▪ ●hey were not Rebels, purposely to begin a Commotion; but the Lord Moor by his Patience wisely baulked the others Expectation, and by secret Orders got all his Men in readiness, and thereby prevented the Execution of their Treachery for that time. But on the Fourth of November Sir Henry Titchburne, the new Governor, with his Regiment of 1000 men, arrived at Tredagh; and there came with them Sir Thomas Lucas and Sir Adam Loftus' Troops of Horse; but they were so coldly received by the Popish Inhabitants, that the Governor waited in the Streets from two of the Clock till nine, before he could get a Lodging, and even then was fain to take one by his own Authority. Whereby, and by their former Carriage, the Townsmen became so suspected, that the Governor would not trust them with the Watch, but drew out 300 of his wearied Soldiers to keep Guard that night. The next day, being the Fifth of November, the new Governor took a diligent View of the Fortifications, and caused four Pieces of Ordnance to be mounted on the Mill-mount; and on the Tenth he received three new Companies of Foot, under the Captains, Bryan, Trevor, and Martin. The Lord Moor made another Journey to Dublin, to be present at the Parliament, which sat the Sixteenth of November, and generously offered to raise and clothe 600 Men, to make the four Independent Companies at Tredagh a complete Regiment, but it was not accepted; and instead of that, a Recruit was sent from Dublin, which was beaten at Gellinston-Bridge the Twenty ninth of November, as hath been already mentioned, so that only 100 Foot, and half of the Earl of Ormond's Troop of Horse, under the Command of Sir Patrick Weymes, Major Roper, and the Captains Cadowgan and Sounsly, arrived at Tredagh. In the mean time O Reyly, having taken Kells, Ardbrackan, and Navan, advanced to Platten, to which place Darcy had invited several Protestant Officers of Tredagh to Dinner, and if they had gone they had been finely entrapped; but tho' they missed of that, yet being fledged with the Victory at Gellingston-Bridge, and well supplied with the Arms, Ammunition, and Money they got there, they resolved to Besiege Tredagh; and they were farther encouraged to it by their Surprise of a Bark from Chester with Ammunition and Arms, which purposely ran aground at the Skirryes by the Treachery of some that were in her. And so, on the last Day of November, the Rebels, to the number of 14000, sat down before Tredagh on both sides of the Town, and blocked up the River, so that there could be no farther Correspondence with it by Sea or Land. On the Third of December happened the first Skirmish, for 350 Foot and two Troops of Horse being sent out to convey some Carriages from greenhill's, notice thereof was given to the Rebels by some of the Town; whereupon above 2000 of the Irish, by means of a Fog, fell upon the English before they were descried, and that with so great a Shout as proclaimed their Number to be very great: Hereupon some of the Popish Troopers that were in the Rear, either through Cowardice or Treachery, ran back to the Town with the bad News of being defeated; whereupon the Carriages, that were just come to the Gate, pressed in for haste, and stopped up the Gate, which occasioned a great Confusion; but the valiant Governor, not at all dismayed, alighted from his Horse, and led on the Foot, and having commanded the Musketeers up the Hill, he ordered the Pikes, in that narrow Passage of the Lane, to open for the Horse, and so charged the Rebels briskly, and immediately forced them to run; and having pursued them for a Mile, and slain 200 of them, he returned victoriously to his Garrison. It would be incredible that the Rebels should charge the English twice, as they did, and yet not kill one man of them, if the like had not happened very lately at Lisniskeagh. This prodigious Victory animated the Protestants exceedingly, and discouraged the others▪ as much. Nevertheless several Popish Soldiers of the Garrison, daily deserted: And Captain Darcy, and a Friar of the same Name, were sent by the Confederates to demand the Town For His Majesty's Use and Service; but were Answered, That it was by His Majesty's Command and Commission they held it; and soon after, the better to engage the Garrison and Inhabitants, and to secure their Fidelity, the Governor devised an Oath, To Defend the Town until it should be surrendered by the Consent of the Governor, Mayor, and major part of the Captains and Aldermen, without special Command of the King or the Government. But the Mayor and Aldermen flatly refused the Oath; and some others that did take it, did afterwards most perfidiously break it. But on the Twenty first of December at night, the Rebels (upon a Watchword, or rather Notice from some of the Popish Inhabitants in the Town) approached the Walls with a terrible Shout; but the Governor commanded all the Townsmen to keep their Houses, on pain of Death, whereby the Rebels were disappointed of that Assistance they expected in the Town, and were beaten off with considerable Loss. But this did not hinder the treacherous Inhabitants from proceeding in their Conspiracies. Burlace, 62. Some of them had form a clandestine Oath to seize on the Soldiers Arms, and kill them in their Beds; but that bloody Project was discovered by a Priest, and so prevented. On the Seventh of January part of the Garrison made a Sally, and slew a hundred and drowned another hundred of the Rebels, and took some Arms, Cows, and other Booty, to the value of 100 l. Nevertheless the Garrison continued more pressed by Famine than by the Enemy, when in the midst of their public Devotion on the Eleventh of January a Pinnace, a Frigate, a Gabbard, and two Shallops and another Vessel, with Supplies of Ammunition, Biscuit, Victuals, and Money, arrived in the Harbour: The Popish Townsmen conceived they were Spaniards, and could not conceal their Joy, till it was turned into Sorrow upon the discovery that they were English. Nevertheless this Supply had like to occasion the loss of the Town; for the Soldiers had, notwithstanding the Governor's Caution, caroused too liberally, being enticed by the Friars and other Papists, (in show of Kindness) to drink to Excess, so that the Garrison were really Vino Somnoque Sepulti; which being notified to the Rebels, occasioned another Assault at Four a Clock the next Morning, being the Twelfth of January: They made a Breach in the Wall in an obscure place, and entered with above 500 Men, and marched as far as the Key undiscovered; and then, thinking the Town was their own, they made a great Shout; whereat the Governor, unarmed, with his Pistols only in his hand, ran down Stairs, and was the first that caused a Drum to beat, and soon got a good number of Soldiers about him, and it happening that the English Pikes were longer than the Rebels Pikes, they charged home; and the Lord Moor coming in seasonably with 15 Horse only, they put the Rebels to flight, and beat them quite out of the Town, with the Slaughter of above 200 of them, and some of their best Officers; nor must it be forgotten, that the Popish Houses in the Town were marked with Chalk, that so the Rebels, if they had prevailed, might distinguish them from those they intended to murder. Neither will I pretermit a Stratagem used by the Garrison, in placing some Pipers upon the Walls to play, and others to toss up their Caps, and cry, The Town is our own, make haste in, and the like, by which means many of the Rebels, that still waited to have a Gate opened for them, ran hastily into the Town, and were made Prisoners. The Pinnace that came with the first Relief happened unfortunately to run aground, and was briskly attacked by the Rebels, who desperately came with Pickaxes and Iron Barrs even to her very Stern; but Captain Stutfield threw some Granades amongst them, and by that means got rid of them with much ado, and killed above Threescore of the Irish. But after a while, Necessities and Diseases began to return upon the Garrison, so that many died daily in the Town; and therefore a diligent Search was made for Provisions, and the Friars (contrary to their Vow of Poverty) were found to have great Quantities of Money, Plate, and other Treasure, which they not owning, (most of it probably belonging to the Rebels,) it was divided amongst the Soldiers; but that was no Relief to a hungry Belly, when Victuals could not be had for Money, and therefore the Governor made a hard shift to send a Boat to Dublin to hasten Supplies. And tho' the Governor did by frequent Sallies incommode the Enemy, and sometimes recover a little Provisions, yet that did not so recruit the Garrison, but that they were reduced to the greatest Extremities, even to the eating of Horses, Dogs, and Cats, when on the Thirteenth of February they Sallied, and took from the Rebels a considerable Booty of 80 Cows and 200 Sheep; and the Twentieth day (being Sunday) at four a Clock in the Morning, Sir Philemy O Neal, with all his Strength, made so bold an Attempt as to apply Scaling Ladders to the Wall, and the Sentinel's Gun missing Fire, they made good Progress before the Garrison took the Alarm; but as soon as the Soldiers came to the Walls, they did such Execution upon the Irish, that their Officers could by no means oblige the Soldiers to return to the Assault: And the same day two Pinnaces and several other Vessels (notwithstanding the Boom at Tredagh, which broke the day before) came up to the Town with a plentiful Supply of all Necessaries. Encouraged by this Recruit, and these Successes, the Governor of Tredagh, with 220 Foot and 120 Horse, Sallied to Beaubeck on the Twenty sixth of February, and secured some Corn and Hay for the Garrison, and then advanced to Smith's Town, where they defeated a Party of Rebels, and slew 300: And about the same time Major Fortescue had good Success near Gellingston against Colonel Preston in the same Field the English had formerly suffered a Defeat; and to follow the Blow, the Lord Moor, with 600 Foot and 120 Horse and two Field-Pieces, Sallied out the Twenty eighth of February, and assailed Stainime, but finding it fortified, they took some Corn at Colp, and returned. On the First of March the Lord Moor and Sir John Burlace made another Sally, and took the Castle of Colp, and killed many of the Rebels: And on the Second of March Colonel Wainman made another Sally as far as Marlengton, burned Mr. Draicot's House and some other considerable places, and returned home with good store of Corn; and on the Fourth the brave Lord Moor made another Sally towards Tullagh-hallon, amongst his traitorous and ungrateful Tenants, and routed the Rebels, killing seven Captains and 400 Soldiers, and took Capt. Mac Mahon and Barnwell of Rahasket Prisoners, and got good store of Arms, whereby the Siege of Tredagh was raised, and the Garrison was at leisure to visit the Enemy's Quarters, and soon forced Darcy of Platten his Servants to surrender his House, and obliged some of the Lord of the Pale to write Letters of Excuse to the State, and to desire to know upon what Terms they might come in▪ but the Lords Justices despised that Insolence, and the case being altered, did not think fit, without new Orders, to prostitute His Majesty's Mercy to such as had no other sense of their Duty than that was taught them by necessity. But whilst some of them desired to be pardoned, others of them committed barbarous Crimes, that were unpardonable, and murdered all the Protestants at Atherdee, to be revenged for their Losses before Tredagh; and it ought never to be forgotten, as an especial Providence of God, that during this long Siege, and in all these Sallies, there were but Twelve Protestants that fell by the Sword, or were slain; which nevertheless is very believable, because the like hath lately happened in proportion at the famous Siege of Londonderry. On Monday the Seventh of March, the Earl of Ormond, with Three thousand Foot and Five hundred Horse, marched out of Dublin, to relieve Tredagh, not knowing the Siege was raised, and having burned Feildstown, Kilsalan, and Ratooth, and several Houses in the County of Meath, he came to Tredagh on the Eleventh; and having recruited the Governor and the Lord Moor with Four hundred Foot and Two Troops of Horse, and burnt and pillaged great part of the Pale, he returned to Dublin on Business of Importance, by the special Order of the Lords Justices. Nevertheless, the Lord Moor and Sir Henry Tichburne on the Twenty first of the same Month, marched out with One thousand Foot and Two hundred Horse, and having burnt the Country about Slain, on the Twenty third advanced to Atherdee, and having discovered the Enemy to the number of near Fifteen hundred, they sent out their Forlorn, which stumbled on an Irish Ambuscade, and drove them to the Main Body, of whom they killed about Four hundred. At the Foot of the Bridge the Irish did again make some Resistance; but some of the English found a Passage over the River, and galled them in the 〈◊〉, and forced them to abandon that Post, and then forced their way into the Town. In this Skirmish one Irish Lieutenant-Colonel and five Captains were slain, besides what fell of the Common Soldiers. The English encouraged with this Success, advanced to Dundalk on the Twenty sixth of March; and tho' the Town was fortified with a double Wall and a double Ditch, and had a Bog on the one side, and the Sea on the other, yet a Party of the English, led by Lieutenant-Colonel Wainman, forced the Gate with Pickaxes, and entered the Town with their Horse, and pursued the Enemy on a full Gallop; but at the turn of a Street were warmly received by Five hundred Irish, who had mounted two or three Brass Pieces, and were forced to retreat; and from a Castle at the end of that Street, the Rebels had killed Ensign Fortescue (who was the first Officer that was slain since the Defeat at Gellingston) and some few Soldiers: Whereupon the English set Fire to the Houses near the Castle, so that the Smoke blowing towards the Castle, the English came undiscovered to the Gate, and blew it up with Gunpowder▪ whereat those within were so frighted, that they fled out of the Window, and a Sergeant and Five Men entered, and were afterwards reinforced with Twenty four more; and the Fire being quenched, Two Pieces of Ordnance were drawn up against the inner Gate, and the English being sheltered by some Wooll-packs found in the Castle, got an Opportunity to gall the Enemy, whilst Sir Henry Tichbourne with a Party of Horse marched on the back side of the Town to the North Gate, and killed Forty Rebels in his way, and entering at a Bye-gate, found the Town deserted, whereby a hundred and twenty Protestants were relieved, and good Booty recovered, with the Slaughter of a hundred Rebels, and not above Fourteen or Fifteen of the Royalists; which was the more considerable, because the Irish in this Place were about Three thousand, and the Assailants not full a thousand. Sir Philemy and his Myrmidons were mightily enraged at this Defeat, and in revenge murdered the Lord Cawfield and Mr. Blany, and about Fifteen hundred other Protestants, whom till then they had reserved for that purpose. O Rely also murdered Sixty more of the English at Bolturbet; and indeed it was seldom that the Irish met with any disappointment, but they vented their Rage on the miserable Protestants that they had in their Power; as if by sacrificing so many innocent Souls, they could expiate the Gild of their Cowardice and Treachery. But these Successes of the English forced the Lords and Gentlemen of the Pale into Ulster, where those losing Gamesters fell together by the Ears: for Sir Philemy O Neal and the Ulster Men upbraided those of the Pale, that they had formerly been their National Enemies, and false to them and their Religion; and that it was not past Memory, since the Papists of the Pale had persuaded Ulster to a Religious Rebellion, and left it in the lurch; but that now the Ulster Men were quit with them, having first exposed the Pale to the Fury of the English. In short, they renewed their Ancient and Hereditary Animosities; and their Confederacy and Association was too feeble to extinguish or even suspend their National Antipathy, derived from their different Extractions. This unexpected and unseasonable Treatment from Ulster, made such a deep Impression on the Mind of the Lord Gormanstown, that it broke his Heart, so that he died lamenting his great Folly in siding with the Irish against his own Countrymen; and some that survived were fully sensible of this Oversight; but they were too far engaged to retire, and therefore they sought for Pretences, and fished for Excuses, to colour or extenuate their Crimes; many of which being notoriously false, and some of them ex post facto, and so not pertinent, were nevertheless jumbled together in an Apology, which they afterwards sent to the King. But we ought to cast an Eye on the rest of the Provinces, and first on Munster, where the first Appearance of the Rebellion was on the Twentieth of November, at which time a numerous Rabble of the Irish plundered Mr. William Kingsmill at Ballyowen, in the County of Typerary, and carried away a great number of Cows and Sheep from him and his Neighbours. This Attempt was the bolder, because he was the Lord President's Brother-in-Law; and the Consequence of it was, that the Lord Precedent ●●on notice thereof, came with two Troops of Horse to Ballyowen, and pursued the Tories, killed some, and hanged others, and recovered some part of the stolen cattle; and afterwards, in Cromwell's Time, Mrs. Kingsmill sued some of these Robbers, and got a Decree against them for 1500 l. The Irish pretend, that some innocent People were killed in this Expedition, and that the Lord Dunboyn, and several Gentlemen of the County of Typerary, came to the Precedent to clonmel, and expostulated with him about the Violence of this Proceeding; and that he should tell them, that they were Rebels, and that it was more prudent to hang than to trust any of them. And when they have told this simple Story, they think they have said enough to justify their entering into the Rebellion. From clonmel the Lord Precedent went into the County of Waterford, upon notice that a Party of the Leinster Rebels had passed that way into his Province; and he had the good fortune to rout them on the Second of December, with the Slaughter of Two hundred of the Irish. But in his absence, the Inhabitants of Typerary, to the number of Fifteen hundred, assembled together to seize on the City of Cashel, and destroy the English there; and tho' they were (by the Persuasions of some less barbarous than themselves) diverted for that time from so cruel an Enterprise; yet they could not abstain much longer, but on the last day of December, under the Leading of Philip O Duir, they took Cashell, and in cold Blood (for there was no Resistance) they murdered William Beaves and his Servant, Thomas Sadler, William Bonefeild and his Wife, John Banister, Mr. Car, John Lents, Richard Lane, John Anderson, Mr. Franklin, Toby a Joiner, and John Fowks. The rest were saved for that time, chief by the Piety and Compassion of Redmond English and Joseph Everard, two Franciscan Friars; who for that very Reason were in Cromwell's Time not only acquitted, but privileged to live in the Country, whilst others, viz. Colonel Teige O Magher, Lieutenant Colonel Donough. O Dwir, Theobald Butler, Hugh Ryan, Ulick Burk, etc. were in November, 1653. tried, condemned, and executed for these barbarous Murders. And the very next day, being the first of January, another Rabble seized on Fethard, where they plundered all the English, but murdered none except Mr. Low; for which Fact three of the Murderers, viz. Thomas Quigly, James mac Hugh, and Richard Nagle, were afterwards condemned and hanged. The Loss of Fethard was followed with the Revolt of clonmel, Carrick, and all the Towns in Typerary; and of Waterford, Limerick, Kilmallock, and Dungarvan: And on the Twenty third day of January some of the Kennedyes murdered Twenty two English, Servants to Sir George Hamilton at the Silver Mines, and Two more, viz. Thomas Gallop and Thomas Sadly, were left wounded amongst the Dead; but in the dark Night they made a shift to escape to Nenagh, and were there preserved. But the Irish did not dissemble the Matter any longer, but in this very Month of January began to form their Men into Troops and Companies; and hearing (says an Irish Papist) that the Lord Mountgarret had a Commission from the Lords Justices to raise Arms to suppress the Insurrection, (as indeed he had a Commission to the Earl of Ormond and him to Govern the County of Kilkenny, of the same Tenor as Appendix 8.) they thought to colour their Proceed thereby, and therefore invited him to be their General; And it seems his Lordship was ready to embrace the Offer; for in the latter end of January he came with Fifteen Companies to Cashell, and being assisted by Purcell Titular Baron of Loghmore, (to whom likewise the Lords Justices had sent Arms) and by the Lords of Ikerin, Dunboyn, Cahir, and Castleconell, they took Ballyowen, and blocked up Gowlin and Knockordan, and then marched to Kilmallock, and so towards Mallow; but near the Mountain above Donerayl the Lord precedent faced the Rebels. He had with him the Lords Barymore, Dungarvan, and Broghill, Sir Hardress Waller, Sir Edward Denny, Sir John Brown, Major Searle, and Captain Kingsmill, and about Six hundred Foot and Three hundred Horse. Whilst he stayed there, the Rebels did not dare to advance; but his Presence being necessary at Cork, he was after eight days stay thereabouts obliged to retire to that City; whereupon the Irish advanced to Mallow, and took the short Castle there upon Articles, which they did not perform. At Mallow there arose a Difference amongst the Irish, about the Supreme Command of the Army: The Lord Roch and others of Munster thought they ought to have a General of their own Province; and to avoid Competition amongst the Lords, they pitched upon Garret Barry, and appointed the Lord Muskery and other Great Men to be the Council of War. Hereupon the Lord Mountgarret returned to Typerary, where he met the News, That the Men which were in Gowlin Castle had escaped into the Mountains, where most of them were murdered by James Butler of Ruskagh, (for which Fact he was tried before Colonel Sanky, Anno 1653. and afterwards hanged) and that the Women and Children left in the Castle were likewise inhumanly butchered by the Irish; for which Barbarity, Peirce Butler, and his Son Thomas, James Butler of Boyton-Rath, and Thomas Kent, were likewise tried, condemned, and executed, Anno 1653. As for the County of Cork, which, by the noble Plantations made by the Earl of that Name, became the best inhabited with English of any County in that Kingdom, it was in a great measure preserved by the Generosity and Diligence of that Earl, who was then newly returned out of England; he raised Two Troops of Horse under his Sons the Lords of Kinalmeky and Broghil, and Four hundred Foot; all which he maintained for some Months as his own Charge, and sent a hundred of them to Asketon, a hundred to Lismore, and kept Two hundred with himself at Youghall. Nevertheless, that County was not without its share of Disturbance, tho' it was the last County wherein the Rebellion broke out; and they began it as elsewhere, by robbing and plundering barefaced, and at Noonday, and in Multitudes, and afterwards committed some Murders, but not so many as in other Places, because the English were powerful in this County, and therefore the Rebels were in more fear to be called to account for their Exorbitances: However, at Glandore they gagged several English to death, and in another place they tied an Englishman's Guts to the Post, and made him dance round it till he died; they broiled a piece of a Scotch Minister's Breech, and made him eat it; they hanged Robert Scot of Newcestown and his two Daughters in Muskery, tho' he went voluntarily there to a Friend for Protection; and in like manner John Burrows was served at Ballynorohur, by his Landlord Mac-ni-crimin (who was tried and executed for it afterwards at Bandon.) They hanged Andrew a Servant of Mr. Hazell's, and, which was worse than all he rest, Mr. Linscomb, Sovereign of Cloghnikilty, having much Intimacy with the Irish, stayed behind his Neighbours, in confidence of Protection; but, contrary to his Expectation and their Promises, they first made him drunk till he vomited, and then made him eat it up, and immediately hanged him at his own Door; and having (by Promises of sending her safe to Kinsale) persuaded his Wife to discover 120 l. in Money she had hid at Muckrus, as soon as they got it, they threw her and her Sister into a deep Pit, and there they left them till they were starved. And altho' there were not many downright Murders committed in this County, yet by reason of the universal Robbing and Plundering, and the great Want and Hardships this Insurrection exposed the miserable English to, many thousands of them perished; and particularly, in the Town of Bandon, there died above a Thousand in the first Year of this Rebellion; and great Numbers likewise met with the same Fate at Cork, Kinsale, and Youghall. To stop this Torrent, the Lord Precedent raised a Regiment of Foot and Two Troops of Horse, and did what he could to prepare for his Defence: And it was but needful to do so; for the Rebels being extraordinary numerous, thought themselves able to besiege Cork, Kinsale, and Bandon at the same time. In order to this, Mr. Long, High Sheriff of the County of Cork, formed a Camp at Belgooly, about Two Miles from Kinsale; and to him came Mac-Finin's Brother, called Captain Sugane, and marched from Kerry, (through Muskery and Carbery, to the Camp) and Dermond ni Glack of Littergorman, with another Party, marched down to Kilgoban-Castle, on the River of Bandon, and surprised it. This Camp at Belgooly continued the rest of this Winter, and was supplied with Ammunition and other Necessaries even from some of the Popish Inhabitants of Kinsale; but at length half the Lord Baltinglass his Company (being Forty five Men) arrived by Sea at Kinsale, on the Fifth of April, and brought with them Eight Barrels of Powder, whereof Six were the next day sent to Bandon, guarded by the Bandon Troop, which fell into an Ambuscade; but the Kinsale Troop (just then parted from them) returned seasonably to their Succour, and between them they killed Eighty of the Rebels, and then each Troop returned safe to their respective Garrisons; and the next day the Camp at Belgooly was dissolved, and most of the Soldiers went to reinforce the Blockade at Cork. And about the same time, viz. in February, Mac Carthy Riagh (who had dissembled the Matter, and pretended Loyalty, and that he would side with the English, until he got some Arms from the Lord Viscount Kinalmeky, and then declared the very next day) with about Three thousand raw Men, and ill armed, came to besiege the Town of Bandon. But the valiant Bandonians scorned to be penned up by such a pitiful Rabble, and therefore having formed themselves into Four Companies, under the Captains Watkins, Woodhouse, Jefford, and Hooper; and One Troop, Battle of Knockagarane. under their Governor the Lord Kinalmeky, they sallied out, and whilst the Foot marched up the direct Road to Cloghnakilty, the Horse went round by Castlemahon, so to fall on the Rear▪ but the Foot came up first, and one Company, led by Captain Watkins withinside the Ditch, came undiscovered very near the Enemy, (who were gazing at the rest that marched in the Highway) and at the first Volley killed Sixteen Men; whereupon all the Irish fled, and being light of Foot, and the Horse not come up, no farther Execution was done at this famous Battle of Knockagarane. As for Cork, it was blocked up on the Southside by General Barry and the Lord Muskery, who expected the Lord Roch and others to do the like on the North-side; but to prevent that, the Lord Precedent sent the Lord Insiquin and Colonel Jepson, with the Two English Troops newly arrived from England, into Roch's Country and Orrery, where they had the good Fortune to relieve Rathgogan, and to take Ballyha, and to kill Two hundred Rebels, on the Twenty seventh of February. And the Lord Precedent being reinforced by Sir Charles Vavasor's Regiment likewise, newly arrived from England, did on the second of March draw out a Party, with which he burned Tallow, visited Lismore, and took Dungarvan by Surrender, and left Lieutenant Rossington and Forty Men in it, (from whom the Irish afterwards surprised it) and so having killed Three hundred Rebels in this Journey, he returned safely to Cork. But on the Thirteenth of April the Irish beat the English Scouts into the Suburbs of Cork; whereupon the Lord Insiquin and Colonel Vavasor issued out with Three hundred Musquetiers and Two Troops of Horse, and not only beat that Party, but also routed the whole Army, and took the Lord Muskery's Armour, Tent, and Baggage, and killed Captain Sugane and above Two hundred of the Rebels, without the Loss of a Man. And as to Youghall, the Irish did plant Three Pieces of Ordnance on the other side of the River, to block up the Harbour; but that did not hinder the safe Arrival of Sir Charles Vavasor and his Regiment in that Port, on the Twenty fifth day of February 1641. as aforesaid. As to Connaught, the Lord Ranelagh was Lord Precedent of that Province, and being at Dublin when the Rebellion broke out, he went to his Government the beginning of November, and found the Counties of Mayo, Letrim, Roscomon, and Sleigo in open Rebellion: At first he thought to reclaim them by Mildness, and the Acquaintance he had amongst them; but he was quickly baffled in that Expectation, as every body else will be, that thinks an Irish Rebel will prefer the Interests or Solicitations of a Protestant Friend before those of a Popish Priest. On the contrary, to manifest their Sincerity to their Religion, per aliquod facinus dignum, they are most severe to their Protestant Friends; and the Lord Ranelagh fared as bad as others, being besieged in the Castle of Athlone all this Winter; and many Towns in his Province (and particularly, Roscomon and Elphin) were burned by the Rebels; and some Castles of the Earl of Clanrickard's, in the County of Galway, were by them likewise surprised, tho' generally that County was by the Conduct and Loyalty of the Earl of Clanrickard kept in pretty good order. And it is to be noted, That Commissions of Government and Martial Law were likewise sent to the Roman Catholics of this Province, viz. to the Lord of Mayo, etc. that nothing might be omitted to keep them quiet, if they were so inclined; but they, despising the weak Forces of this Province, were more forward than others to plunge themselves into this Common and Universal Rebellion, and kept the Lord Precedent besieged in the Castle of Athlone all this Winter. In January the Irish, to the number of Twelve hundred, besieged young Sir Charles-Coot in Castle-Coot; but he valiantly raised the Siege within a Week, and not long after defeated Hugh O Connor and his Forces, and on the Second of March encountered Con O Rourk and his Followers, who came to fetch the Prey of Roscomon, and took himself Prisoner, and killed most of his Party. Afterwards the Rebels, under the Conduct of Colonel Walsh, form a Camp at Kregs; but young Sir Charles Coot and the Garrison of Castle-Coot sallied out upon them, and gave them a total Defeat, and took all their Baggage and Provisions; and not long after, he got a considerable Prey, from about Ballynislow, and in Easter-week relieved Athloane with some Provisions and other Necessaries. Nor did the Governors and Garrisons of Roscoman, Tulsk, Elphin, Knockvicar, Abbyboyle, Carrigdrumrusk, and Bealanfad, behave themselves less bravely, tho' at length this latter Place was lost for want of Water. As to Ulster, because the Rebellion began there; I have already mentioned several passages in that Province; so that I have only to add, that on the Twenty third of October, Cormock O Hagan surprised the strong Castle of Monymore belonging to the Company of Drapers in London: Whereupon a Rumour was immediately noised about the Country, that the Irish were in Rebellion, which coming to the Ears of Mr. William Rowly, who had been an active Man against the Irish, he presently posted to Colerain, where he brought the first notice of the Insurrection, about Eight a Clock on Sunday Morning, which was soon after confirmed by multitudes of pillaged People that flocked into the Town that day. It was wonderful to see the Scots so deluded with the wheedling of the Irish, that they sat still as Newters till the English were destroyed; and particularly. There was one Mr. William Stewart of the Irry, who had Married the Earl of Tyrones' Granddaughter; he had Six hundred Scots together, and might have preserved that Country; but being assured by some of his Irish Relations, that no harm was designed to his Countrymen, he dismissed his Followers to their respective Dwellings, and that very Night most of them were murdered; and this was the first Action that Alarmed the Scots, amongst whom the Irish from that time forward made a sad Slaughter, and the Scots in due time did not fail to Pay them in their own Coin; and particularly at the 〈◊〉 of Magee, within few Weeks after. At Colerain, Colonel Edward Rowly, razed a Regiment of Foot and a Troop of Horse, and Colonel Cousins raised a Regiment of Foot, but the former marched into the Country, and for some time kept in an open Village called Garvaghy; but at length the Irish to a very great number (whereof many were his own Tenants) fell upon him, and killed all his Men but Eight, and barbarously murdered himself after they had given him Quarter, and then burnt and plundered to the Gates of Colerain; Mr. Hugh Rowly, who is still living, assures me, he saw them burn Desertmartin, Maghara, Vintner's Town, Draper's Town, and Maghrafelt; and he saw them take a Poor Scotchman and knock him in the Head with stones; and he also saw them take Mr. Matchet a Minister out of Lieutenant Thurbye's House, and murder him, and he also likewise saw the Lord of Antrim, and Sir Philemy O Neal meet at the same place. But in March, Archibald Steward marched out of Colerain with Six hundred Scots, and Three hundred English, and had the misfortune to meet with Alexander Mac Donald, alias Culkittagh, who gave him a severe Attack; whereupon the Scots gave way, and the whole Party was routed, and Six hundred Protestants slain: And soon after the Rebels animated with this Success besieged Colerain, but the Lord of Antrim not only persuaded the Irish to raise that Siege, but also sent Provisions and other relief into the Town, believing that this obliging Carriage would prevail with the Town voluntarily, to put itself under his Protection; but in that he found himself mistaken. In this Extremity was the Province of Ulster, so that every Man that was left was necessitated to betake himself to Arms; whereby such a Competent force was raised, as put a stop to the Career of the Rebels, there were Three Troops, and Three Regiments of Foot under Sir Robert Stewart, Sir William Stewart, and Colonel Audly Mervin, in and near London-Derry, and these were called the Lagan Forces; Sir John Clotworthy had a Regiment and a Troop in the Town of Antrim, and the Lord Conwey had the like at Lysnegarvy; and the Lord of Ardes, Sir James Mongomery, Colonel Hill, Captain Chichester, Sir Arthur Tyringham, and Sir Hans Hamilton, had likewise some Forces in the County of Down, all which did Service; but none did that prodigious Execution upon the Rebels, as Sir Frederick Hamilton's Regiment at Manor Hamilton, and Sir William Cole's Regiment at Iniskilling. But it will be fit to inquire, how the Irish Affairs were managed in England, where the Parliament (upon whom the King had devolved the Management of the Irish War) did during his Majesty's absence (in Scotland) hearty espouse the Cause of the Irish Protestants, and not only voted briskly for their Relief, as hath been already mentioned, but did also effectually set all Engines at work for the Preservation of that Kingdom, and appointed a particular Committee for Irish Affairs. And now, when the King was returned to London, His Majesty expressed no less Zeal in that Matter, and Detestation of that Rebellion, than the Parliament had done; They seemed to vie with one another, who should do most to save that Island, and to revenge that barbarous Massacre, committed upon the Protestants there; and yet at length, by unhappy Differences that arose between Themselves, both of Them were hindered from doing what each of Them designed: So that whilst Englishmen were destroying each other in Civil Wars here, the British in Ireland were exposed to the Insults of a numerous and inveterate Enemy without their Garrisons, and to the want of all Necessaries within them. But to proceed: 1641. On the Twenty eighth of December the King sent the following Message to the House of Lords, Husbands' Collect. 33. viz. His Majesty being very sensible of the great Miseries and Distresses of His Subjects in the Kingdom of Ireland, which go daily increasing so fast, and the Blood which hath been already spilt by the Cruelty and Barbarousness of those Rebels, crying out so loud; and perceiving how slowly the Succours designed thither go on; His Majesty hath thought fit to let your Lordships know, and desires you to acquaint the House of Commons therewith, That His Majesty will take Care, that by Commissions which He shall grant, Ten thousand English Volunteers shall be speedily raised for that Service, if the House of Commons shall declare that they will pay them. But the Disturbance about the Impeachment of the Five Members, happening so soon after this as it did, suspended the further Debate of that Matter; and tho' the Commons on the Fifth of January adjourned their Committee for Irish Affairs to Guildhall, Ibidem, 64. yet the next Vote relating to Ireland, that I find, is that which centred in an Order of Both Houses, dated the Twenty ninth of January, to apprehend and examine all such suspected Papists as are going to Ireland, and to stay all Arms, Ammunition, Money, Corn, etc. intended for the Relief of the Rebels; and to send back or prosecute such wand'ring Irish Papists as lately landed in the West: And in a day or two after, there was a Complaint, That notwithstanding this Order, the King had licenced several Papists to transport themselves to Ireland, who had joined with the Rebels; and Mr. Pym speaking freely of that Matter in a Conference, amongst other things, he said, That since the Stop upon the Ports by both Houses against all Irish Papists, many of the Commanders now in the Head of the Rebels have been suffered to pass by His Majesty's immediate Warrant: And afterwards the Parliament instanced Colonel Butler, Mr. Nettervill, Sir George Hamilton, the Lord Delvin, and Four more. Whereupon His Majesty, by His Message of the Second of February, expostulated with them, and affirms, That the Licence to Butler, Nettervill, and Hamilton, was before he had any Intimation of that Order; and that tho' they were Papists, He had reason to believe they would not join with the Rebels; and desires them to clear Him from that Aspersion, by a Public Declaration. But in January there was a Treaty with the Scots Commissioners about the Relief of Ireland: Whereupon they made these Proposals, viz. COncerning the Proposition made to us, Husbands' Collect. 57 22 January, from the Committees of Both Houses, for the transporting presently to Ireland of the Two thousand five hundred Men now on foot in Scotland; we having no Instruction for that end, cannot by ourselves condescend otherwise than upon the Closure of the Treaty; but shall most hearty represent it to the Council of Scotland, and second the same with our earnest Desires, That every thing may be done which may contribute to the Preservation of that Kingdom, and may testify our brotherly Affection to this. And that we may be the more able to move the Council to condescend to the same, we desire the Propositions following to be granted. 1. That Provision of Victuals be presently sent to Carrickfergus, to be sold to our Soldiers at reasonable Rates, answerable to their Pay. 2. That an Order be set down how they shall be paid there, and from whom they may require the same. 3. That they have the Command and Keeping of the Town and Castle of Carrickfergus, with Power to them to remain still within the same, or to enlarge their Quarters, and to go abroad into the Country, upon such Occasions as their Officers in their Discretion shall think expedient for the Good of that Kingdom. And if it shall be thought fit that any Regiments or Troops in that Province shall join with them, that they receive Orders from the Commanders of our Forces. 4. That Provision of Match, Powder, and Ball, be presently sent to Carrickfergus; and what Arms, Ammunition, or Artillery shall be sent over with them from Scotland, that the like Quantity be sent from hence to Scotland, whensoever the same shall be demanded. 5. That a part of the Thirty thousand Pounds of the Brotherly Assistance be presently advanced to us; which altho' in a just Proportion to these Men, it will amount but to Seven thousand five hundred Pounds, yet for the better furthering of the Service, we desire Ten thousand Pounds, if it may stand with your Convenience. 6. That their Pay which was condescended unto from the Eighth of December, be presently advanced to the Eighth of February next, against which time, we are confident, they shall be ready to march. 7. That a Man of W●r, or some Merchant's Ships, be sent from Bristol, Westchester, or Dublin, to 〈◊〉, for a Safe Convoy and Guard of the Passage; because they 〈…〉 Boats, may be subject to Inconveniences from the Enemy, 〈…〉 we hear are towards that Coast. 8. That the sending 〈…〉 th●se Men be without prejudice to the Proceeding of the Treaty, which we desire may go on without any delay. Westm. 24. Jan. 1641. JA. primrose. Which Proposals were approved of by Both Houses; but the King disliked the Third Article, as appears by His Answer, viz. His Majesty having perused and considered these Eight Propositions presented by the Scots Commissioners, doth willingly consent to them all, except only the Third, which His Majesty doth not approve, and wisheth the Houses to take that Article again into Consideration, as a Business of very great Importance, which His Majesty doubts may be prejudicial to the Crown of England, and the Service intended: And if the Houses desire it, His Majesty shall not be unwilling to speak with the Scots Commissioners, to see what Satisfaction he can give them therein. And the next day they waited upon him, and told him, That since it was only Matter of Trust that was in debate, they hoped that he, who was their Native King, would not show less Confidence in them than the English Nation had done. Whereupon His Majesty consented, rather than the necessary Supplies for Ireland should be delayed. And on the Fourteenth of February a Committee of Both Houses went with a Message to the Spanish Ambassador, to this effect, That the Parliament were informed, Husbands, 79. That some Vessels in Dunkirk, laden with Arms and Ammunition, were designed for Ireland; and that if they, or any such Ships, were suffered to go thence, it should be interpreted a Breach of the Peace between England and Spain. To which the Ambassador answered, That he would be careful to continue the League between both Crowns, and did assure them, that those Ships were not bound for Ireland. And on the same Fourteenth day of February, His Majesty sent a Message to Both Houses, in which are these Words: For Ireland, (in behalf of which His Majesty's Heart bleeds) as His Majesty hath concurred with all Propositions made for that Service by His Parliament, so He is resolved to leave nothing undone for their Relief, which shall fall within His possible Power; nor will refuse to venture His own Person in that War, if His Parliament shall think it convenient for the Reduction of that miserable Kingdom. And in the same Month, the Parliament, knowing that the Sale of the Rebels forfeited Estates was the best way to prevent future Rebellions, (by English Plantations in Ireland) and to raise Money for suppressing of this, did vote as followeth, viz. THe Lords and Commons taking into their serious Considerations, Husbands, 84. as well the Necessity of a speedy Reducing of the Rebels of Ireland to their due Obedience, as also the great Sums of Money that the Commons of this Realm have of late paid for the Public and Necessary Affairs of the Kingdom, whereof the Lords and Commons are very sensible, and desirous to embrace all good and honourable Ways tending to His Majesty's Greatness and Profit, the Settling of that Realm, and the Ease of His Majesty's Subjects of England: And whereas divers Worthy and Well-affected Persons, perceiving that many Millions of Acres of the Rebels Lands of that Kingdom, which go under the name of Profitable Lands, will be confiscate, and to be disposed of; and that in case Two Millions and a half of those Acres equally taken out of the Four Provinces of that Kingdom, may be allotted for the Satisfaction of such Persons as shall disburse any Sums Money for the Reducing of the Rebels there, it would effectually accomplish the same, have made these Propositions ensuing. 1. That Two Millions and a half of those Acres may be assigned, allotted, and divided amongst them, after this Proportion, viz. For each Adventurer of 200 l. 1000 Acres in Ulster. 300 l. 1000 Acres in Conaught. 450 l. 1000 Acres in Munster. 600 l. 1000 Acres in Leinster. all according to English Measure, and consisting of Meadow, Arable, and profitable Pasture; the Bogs, Woods and barren Mountains, being cast in over and above. These two Millions and a half of Acres to be holden in free and common Soccage of the King, as of his Castle of Dublin. 2. That out of those two Millions and a half of Acres a constant Rent shall be reserved to the Crown of England, after this Proportion, viz. Out of each Acre thereof in Ulster— 1 d. Conaught— 1— ob. Munster— 2— q. Leinster— 3 3. That for the erecting of Manors, settling of Waste and Commons, maintaining of Preaching Ministers, creating of Corporations, and regulating of the several Plantations, one or more Commissions be hereafter granted by Authority of Parliament. 4. That Monies, for this great Occasion, may be the more speedily advanced, all the Undertakers in the City of London, and within 20 Miles distance thereof, shall underwrite their several Sums before the Twentieth day of March, 1641. and all within Sixty Miles of London, before the First day of April, 1642. and the rest of the Kingdom before the First day of May, 1642. 5. That the several Sums to be under-written shall be paid in at four Payments, viz. one fourth part within ten days after such under-writing, and the other three parts at three Months, three Months, and three Months, all to be paid into the Chamber of London. 6. That for the better Securing of the said several Sums accordingly, every one that doth so underwrite, shall at the time of his Subscription pay down the twentieth part of the Total Sum that shall be by him then under-written. And in case that the residue of his first fourth part be not paid in to such person or persons as shall be appointed to receive the same, within the ten days before limited; then such Party shall not only forfeit the twentieth part of the Sum total formerly deposited, but so much more of his first fourth Payment, to be added thereunto, as shall make up the one Moiety of the said first Payment. And if the same Person shall fail in any other of the three Payments, he shall then Forfeit his entire first fourth, and all the Benefit of his Subscription, which Forfeiture shall accrue to the common Benefit of the rest of the Undertakers. The Lords and Commons, upon due and mature Deliberation of these Propositions, have approved of them, and given their consent unto the same, and will become humble Petitioners to His Majesty for His Royal Approbation thereof, and that hereafter he will be pleased, upon the humble Suit of both Houses of Parliament, to give His Royal Assent to such Bills as they shall tender unto him for the settling of those Propositions, and all other things necessarily conducing thereunto. Ibid. 86. And on the Twenty fourth of February His Majesty returned His Gracious Answer in Approbation of these Votes, in haec verba, viz. That as he hath offered, and is still ready to venture His own Royal Person, for the Recovery of that Kingdom, if His Parliament shall advise him thereunto, so He will not deny to contribute any other Assistance he can to that Service, by parting with any Profit or Advantage of his own there; and therefore, relying on the Wisdom of His Parliament, doth consent to every Proposition now made to him, without taking time to examine whether this course may not retard the reducing of that Kingdom, by exasperating the Rebels, and rendering them desperate of being received into Grace if they shall return to their Obedience. It would be too tedious to relate all that was done in this Affair of the Adventurers, and therefore all that I shall mention here upon that Head is, That these Votes produced several Acts of Parliament in Confirmation of them, and raised the Sum of 400000 l for the Irish War. But on the 9th day of March, in the Declaration presented to the King at Newmarket, Husbands, 97. the Parliament inserted this Article, viz. That the Rebellion in Ireland was framed and contrived here in England, and that the English Papists should have risen about the same time we have several Testimonies and Advertisements from Ireland; and that is a common Speech amongst the Rebels, wherewith concur other Evidences and Observations of the suspicious Meetings and Consultations, the tumultuary and seditious Carriage, of those of that Religion, in divers parts of this Kingdom, about the time of the breaking out of the Irish Rebellion; the Deposition of O Conally; the Information of Master Cole, Minister, the Letter of Tristram Whitcombe, the Deposition of Thomas Crant, and many others which we may produce, do all agree in this; the public Declaration of the Lords, Gentlemen and others, of the Pale, That they would join with the Rebels, whom they call the Irish Army, or any other, to recover unto His Majesty His Royal Prerogative wrested from him by the Puritan Faction in the House of Parliament in England, and to maintain the same against all others; as also to maintain Episcopal Jurisdiction, and the lawfulness thereof; these two being Quarrels upon which His Majesty's late Army in the North should have been incensed against us. To which His Majesty Answers thus; Ibid. 106. If the Rebellion in Ireland (so odious to all Christians) seems to have been framed and maintained in England, or to have any countenance from hence, We conjure both Our Houses of Parliament, and all Our loving Subjects whatsoever, to use all possible means to discover and find such out, that we may join in the most exemplary Vengeance upon them that can be imagined. But We must think Ourselves highly and causelessly injured in Our Reputation, if any Declaration, Action or Expression, of the Irish Rebels, any Letter from Count Rosettie to the Papists for Fasting and Praying, or from Tristram Whitcombe, of strange Speeches uttered in Ireland, shall beget any Jealousy or Misapprehension in Our Subjects of Our Justice, Piety and Affection; it being evident to all Understandings, That those mischievous and wicked Rebels are not so capable of great Advantage as by having their false Discourse so far believed as to raise Fears and Jealousies to the Distraction of this Kingdom, the only way to their Security: And we cannot express a deeper sense of the Sufferings of Our poor Protestant Subjects in that Kingdom, than We have done in Our often Messages to both Houses; by which We have offered, and are still ready to venture Our Royal Person for their Redemption, well knowing, That as We are (in Our own Interest) more concerned in them, so We are to make a strict Account to Almighty God for any Neglect of Our Duty or their Preservation. And on the 15th of March, 113. from Huntingdon, the King sent this Message, viz. That he doth very earnestly desire that they will use all possible Industry in expediting the business of Ireland, in which they shall find so cheerful a Concurrence by his Majesty, that no Inconvenience shall happen to that Service by his Absence, he having all that Passion for the reducing of that Kingdom, which he hath expressed in his former Messages, and being unable by words to manifest more Affection to it than he hath endeavoured to do by those Messages, (having likewise done all such Acts as he hath been moved unto by his Parliament;) therefore if the Misfortunes and Calamities of his poor Protestant Subjects there shall grow upon them (tho' His Majesty shall be deeply concerned in and sensible of their Sufferings) he shall wash his hands before all the World from the least Imputation of Slackness in that most necessary and pious Work. Whereupon the Parliament Voted the next day, Ibid. That those Persons that advise His Majesty to absent himself from the Parliament, are Enemies to the Peace of this Kingdom, and justly to be suspected to be Favourers of the Rebellion in Ireland. Resolved, etc. 1642. That those Persons that advised His Majesty to this Message are Enemies to the Peace of this Kingdom, and justly to be suspected to be Favourers of the Rebellion in Ireland. The Year 1642. began with Sir Simon Harcourt's Expedition against Carrickmain, in the County of Dublin, on the Twenty sixth of March, which proved fatal to him; nevertheless his Lieutenant-Colonel Gibson took the Castle, and put all within it to the Sword, refusing to give Quarter to those obstinate Rebels that had slain his beloved Colonel. And about the same time, all the Popish Priests that could be found in Dublin were by the Lords Justices sent in French Bottoms to France. In the beginning of April, 1642. Doctor Jones afterwards Bishop of Meath, and Seven other Divines, who by Virtue of a Commission dated the 23d. of December, 1641. had taken many Examinations about the Rebellion, and the Murders, Plunders and Robberies committed by the Irish; did out of their Depositions form a Remonstrance, and being recommended by the Lords Justices and Council, they did Present it to the Commons House of Parliament in England: It set forth, That the Rebellion was occasioned by the ancient Hatred, which Papists bear to Protestants, and by their Surfeit of Freedom and Indulgence in that Kingdom, That the Design was to eradicate the Protestant Religion, and the Professors of it, that the Rebellion was general and of a long Contrivance; that sometimes they pretended the King's Commission, and sometimes spoke Contemptibly of his Majesty, that they designed to extirpate all of English Extraction, even the very Papists, that they kicked Bibles up and down, and sometimes tore and burnt them; and that they were inhumanly Cruel in several instances, of Men, Women and Children, and much more of the same sort; for which I refer to the Remonstrance itself, which is already in Print with the Examinations annexed thereunto. But because there is great noise made about the Kings sworn Servant, Sir John Read, and the Questions demanded of him upon the Rack: It is fit I should give a brief Account of that Matter, and it happened to be thus: Lieutenant Colonel Read was in the latter end of December entrusted with a Message to the King, from Three Lords and four Chief Gentlemen of the Pale; but they finding that Succours come out of England but slowly, and being in great hopes to take Tredagh, kept Road with them to attend the Success of that Siege, which not happening according to their Expectation, they were forced to raise it in the beginning of March, and then, and not till then did Read surrender himself as a Prisoner to the English Army, which was at that time abroad under the Marquis of Ormond; and he was immediately sent to Dublin with a Guard of Twenty Horse; and having with many Oaths, Curses and Imprecations denied any knowledge of the Irish Rebellion; he was, together with Captain Mac Mahown, put upon the Rack, where they were asked these Three Questions. 1. Who were the chief Complotters in this Rebellion. 2. The Time when it was Plotted. 3. The Place where, and how to be Acted; To which they answered, That Sir Philemy O Neal, Macguire, and Philip O Rely were the chief Conspirators; and that the Plot was laid presently after the Dissolution of the Army in the North, and that it was to be Acted in all parts of the Kingdom, and to kill Man, Woman and Child of the Protestants, utterly to root them out; and that all the Papists in the Pale had Consented to it, and promised their Assistance to their utmost Power. But on Saturday the 2d. of April, the Lieutenant General (Ormond) marched out with Five hundred Horse, Three thousand Foot, and Five Field Pieces, and encamped that Night at Rathcoole; and though he received an Express there, that his Lady and Children (whom he had not seen in Six Months before) were arrived at Dublin; yet preferring the Public before his Private Concern, he marched (without seeing them) to Naas, and burned the Country as he went; and having lost a Trumpeter and Four Soldiers by the Garrison of Tipper, he caused that Castle, and all that were in it to be blown up, and sent his wounded Men on Cars to Dublin, with a Guard of Twelve Horse, but they were set upon by the Rebels, and tho' the Horse escaped, yet the wounded Men and Car-men were taken and Murdered; and by this Accident, all intercourse was stopped between the State and the Army. But when the Army came near Killcullen, the Lords of Castlehaven and Antrim, and the Duchess of Buckingham, came in a Coach to Visit the Lieutenant General, and were kindly received by him, and the whole Army passing by saluted them; which I note, to show the Reader, that the Lord of Castlehaven was not under any necessity of joining in the Irish Rebellion, but might have lived quietly at home if he had pleased. On the 5th. at Night the Army came to Athy and relieved that Town, and the next day Sir Patrick Weams was sent with a Detachment of four Troops to relieve the Castle of Catherlogh; but upon their approach, the Rebels being Seven hundred strong burned the Town and fled, however, the Irish lost Fifty Men in the pursuit; and so Weams having relieved that Castle, and therein Five hundred English almost starved, and also the Castle of Cloghgrenan, and taken good store of cattle, returned the same Night to the Army; and the Castle of Ballilivan, was relieved the same day by another Party under Sir Charles Coot, and the Castle of Rheban by another Detachment, which also took the Castle of Bert, and in it Eight Rebels who were hanged. On the 7th, the Lieutenant General (leaving Colonel Crawford at Athy) marched to Stradbally, and on the 8th, came to Maryburogh, and the next day fell Sick of a Fever, which lasted till Tuesday after; however, on the 10th. being Easter day, Sir Charles Coot, Sir Thomas Lucas, and Six Troops of Horse were sent to relieve by'r, and some other places; they were to pass a Cawseway which the Rebels broke, and had cast up a Ditch at the end of it, but Coot made Thirty of his Dragoons alight, and in Person lead them on, and beat off the Irish with the Slaughter of Forty Rebels and their Captain, and then relieved the Castles of by'r, Burrous and Knocknemease; and having sat almost Forty eight hours on Horseback, and lost and spoiled a Hundred Horse in this Expedition; they returned to the Camp on Monday Night, without the loss of one Man, and this was the prodigious Passage through Montrath Woods, which indeed is wonderful in many Respects; and therefore justly gave occasions for the Title of Earl of Montrath, to be entailed upon the Posterity of Sir Charles Coot, who was the chief Commander in this Expedition. On the same 10th. day of April, about Seven thousand Irish Men, under the Lord Mountgarrett, appeared on the other side the River Barrow, within two miles of Athy, whereof Colonel Crawford sent Notice to the Lieutenant General; whereupon he marched to Athy on the 13th, and rested there the 14th; and finding the Enemy had more than double his number, and that he had done the work he come out for, by relieving the aforesaid Garrisons; he thought it imprudent to Fight at such disadvantage, or upon such odds to hazard his Army, and consequently the Kingdom, and therefore intended to march towards Dublin without seeking the Enemy, and yet resolved not to shun them if they came in his way; but the Rebels had by some means or other got notice of his Design, and therefore passed the Barrow, by the Bridge of Moygan, with intentions to disturb the march of the English. Nevertheless, Bettel of Kilr●sh. on Friday Morning about Seven a Clock (15th. of April) Ormond risen from Athy, and kept on the direct Road to Dublin; the Rebels kept another way on the Right hand, divided from the former, by a Bog about a mile broad and four mile long; both Armies marched in view of each other with Drums beating, Colours flying, and kept equal pace until both Rhodes met; whereupon the Lieutenant General fearing they might fall upon his Rear in that narrow Pass, gave Orders to draw up the Army in Battalia: Saying, That he was resolved to fight the Enemy, tho' all the Rebels in Ireland were there together; the Irish did the like, and (not being encumbered with Garriages as the English were) their Army was soon in Order, which might have been of advantage to them, but they made none of it; choosing rather to Receive than Give the Charge; in short, the English came up to their Ground, and attacked them so briskly, that they quickly fled; but by reason of the adjacent Bog, and the harrass'd Condition of the English Horse, there was not much Execution done; the number of the Slain not exceeding Five hundred, amongst which were the Lord Dunboyn's Brother, the Lord Ikerin's Son, and Colonel ●●v●nagh, and on the English side not above Twenty killed and Forty wounded. However, it was an entire Victory; all their Powder and Ammunition, the General's Wagon drawn with Eight Oxen, his and the Lords of Ikerin's Sumptures, and Twenty Colours, being taken; and for this great Service the Lieutenant General had a Letter of thanks from the Parliament of England, and a Jewel worth 500 l. Soon after arrived at Dublin, Philip Lord Lisle Lieutenant General of the Horse; and his first Essay was to relieve the Castle of Geashill, which with Three hundred Horse, and One hundred and twenty Foot he easily effected; he was accompanied by old Sir Charles Coot in this Action, who at a Council of War told the rest, that if they made haste they might easily pass the Defiles and Causeways, before the Enemy could get together to oppose them, whereto another replied, that perhaps that might be so; but when the Country was Alarmed, how should they get back; I protest, said Sir Charles Coot, I never thought of that in my Life, I always considered how to do my business, and when that was done, I got home again as well as I could, and hitherto I have not missed of forcing my way; and accordingly they went, and their march was so swift, that they came unexpectedly to Phillipstowne and took it; and on their return, they followed some of the Popish Lords of the Pale to Trim, and forced that place likewise, and by coot advice resolved to make it a Garrison, and therefore in order to settle this Affair with the Lords Justices, the Lord Lisle (guarded by some of the Horse) went to Dublin; but the next night after he was gone, the Irish, to the number of Three thousand, came in the dead of the night to surprise Trim; but the Centinel gave the Alarm, and thereupon Sir Charles Coot with all the Horse he could get, being not above Seventeen) issued out of the Gate, and was followed by others as fast as they could get ready: The Success was answerable to so generous an Undertaking, and the Irish were routed, without any other considerable Loss on the English Side, except that of Sir Charles Coot himself, who was shot dead; but whether by the Enemy, or one of his own Troopers, is variously reported. Upon his Death, the Government of Dublin was given to the Lord Lambert, on the Twelfth of May; and tho' in July Colonel Monk had it by the Lord Lieutenant's Order, yet as soon as the King was informed that it had been predisposed to the Lord Lambert, Monk was removed, and the Lord Lambert was confirmed. And on the Twenty third of May the Marquis of Ormond published a Proclamation against the Exorbitances of the Soldiers; and to supply their Necessities, the Lords Justices gave them Custodiums on the Villages in the Irish Quarters, which produced good Effects, both in relieving the Soldiers, and in annoying the Rebels. On the first of June came over some Regiments under the Conduct of Sir Foulk Hunks and Lieutenant Colonel Kirke; whereupon the Earl of Ormond, with Four thousand five hundred Foot and Six hundred Horse, marched to the Relief of Athlone, and in his way took in the Castles of Knocklinch, Trimletstown, and Kinkelfe, and beat Five hundred Rebels from Ballynecurr; but upon his approach, the Rebels burnt Molingar and Bullymore, and Sir James Dillon and the Irish Army thought fit to withdraw; so that the Lord Precedent of Connaught, with Fifty Horse and Two hundred Foot, met the Marquis of Ormond Five Miles from Athlone, and received from him Two Regiments of Foot and Two Troops of Horse; and then both these Lords returned, the one to Athlone, and the other to Dublin. About the same time, viz. in June, Colonel Monk (marching to reinforce the Lieutenant-General) took Castleknock, and killed Eighty Rebels, besides some that he hanged; and a while after he took the Castles of Rathroffy and Clongowswood in the County of Kildare, and did good Execution upon the Enemy, and of Seventy which he had taken Prisoners, most of them, being murdering Rebels, were afterwards executed at Dublin: And on the Twentieth of the same Month, Colonel Gibson made a prosperous Incursion into Wicklow, and killed many of the Confederates, and brought home a considerable Prey. But on the Twenty first of June the Irish Parliament sat, according to the Prorogation; and the Lower House voted, That the Oath of Supremacy should be tendered to all their Members, that so the Rotten ones may be cut off, and new ones chosen in their room; and to that purpose, a Bill was prepared, and sent into England; and it seems that they did proceed to choose new Members for the Corporations and Counties within their power, in stead of those that were in actual Rebellion; which was one of the Grievances the Confederates afterwards complained of. And it is worthy Observation, The Proclamation, Burlace Append. p. 57 That the Lords Justices and Council finding the Rebellion to be so general, that all Degrees and Conditions of the Irish had with hateful and bloody obstinacy, either publicly or privately, contributed to the Destruction and Extirpation of the Protestants; and that those under Protection abused that Favour, to murder and rob the English the more slily and securely; they did by their Order of the Nineteenth of August revoke, repeal, and annul all Protections that had been given to any Rebel before that time: which was one of the wisest Acts that was done in the whole War; for nothing is more experimentally true than this, That the English never or very seldom suffered by the Irish at open Defiance, but have been often destroyed by their Perfidiousness and Treachery. But to proceed: In August the Lord Moor, Sir John Burlace junior, and Colonel Gibson, with Fifteen hundred Men, two Pieces of Battery, and two Field-pieces, marched into the Counties of Louth and Meath, and took the strong Castle of Sedan, with the Slaughter of Five hundred Rebels; whereat the Lords Gormanstown and Nettervill were so frighted, that the former quitted the Fort of Nabar, and the other deserted the Castle of Newtown, whereby those Counties of Louth and Meath were cleared of the Enemy. And this good Success was followed by more of the same sort; for the Captain's Piggot and Grim●s defeated a Party of Eight hundred Rebels near Athy, and killed Two hundred of them; and the Lord Lisle, in the midst of September, marched without control through Westmeath and Cavan, and destroyed the Country, burned the Earl of Fingall's House and his Town of Virginia, and at last sat down before Carrickmacross, which after one days Battery was deserted by the Cowardly Ward. But in October, the Rebels, to the number of Two thousand, did again besiege it; and tho' Captain Vaughan, with One hundred Foot and Fifty Horse, did kill Forty of the Enemy, and raise the Siege; yet the Place being so remote, could not at all times be relieved, and therefore by Order of Council was demolished. But the Parliament of England were desirous to manage the War of Ireland by a Committee, at least till the Lord Lieutenant should go over; but the King opposed that, as needless, because the Lord Lieutenant was just then ready for the Voyage; But whether it was thought that he would not be propitious to the Cessation and Peace with the Irish, which were then in design, or for what other Reasons he was delayed, it is hard to determine; but this is certain, That tho' he was always going, yet he never went. And indeed the Differences between the King and the Parliament were grown to that height, that each Side prepared for War; and at length it came to a Battle at Edge-hill, that very day Twelvemonth on which the Irish Rebellion broke out, viz. 23 October, 1642. And in this Fight the Loss seemed equal, and each Party boasted of the Victory, whilst both of them were thereby hindered from sending necessary Relief to Ireland; and so the unfortunate English suffered every where, and were destroyed by one another in the Civil War in England, and by the Common Enemy in that of Ireland. However, the Parliament did not totally neglect Ireland, but on the Fourteenth of October sent over Mr. Robert Godwin and Mr. Robert Reynolds, Husbands' Collections, 2 part, 249. Two Parliament-men, and one Captain Tucker from the City of London, to inquire into the Condition of the Army and the State of the Kingdom, and to see how their Money was disposed of▪ They brought with them Twenty thousand Pounds in Money, and some Ammunition, and arrived safe on the Twenty ninth of October, and on the Second of November presented themselves to the State, and being received with Respect, were placed on a Form behind the Council, and sat covered. They did good Service in Ireland, and particularly, gave great satisfaction to the Army, that Care was taken for Pay and Supplies. They also made a Book, which contained a Subscription of most of the Officers in the Army, to take Debentures on the Forfeited Lands, for a certain Proportion of their Pay, as believing they would fight the better, and end the War the sooner, if they were interested in the Fruits of the Victory, as well as in the Quarrel. But the King disliked that Course, because it might take up so much of the Rebels Lands, that would hinder all Hopes of a peace with them, which His Majesty began to have some Hopes of; and therefore several Officers (well enough inclined to the Proposal) omitted to subscribe; and some that had subscribed, desired to retract; So that at length these Commissioners were so sharply threatened, that they delivered up the Book to be canceled. Nevertheless, they promoted the March of the Army to enlarge their Quarters, which afterwards produced the Battle of Ross: but some of the Cavalier-party looking upon these Commissioners as Spies, procured a Reprimand to the Lords Justices, for suffering them to sit covered in the Council-chamber, and the King's positive Orders for their Return; which was performed the Twenty seventh of February, to the very great prejudice of the Affairs of Ireland, and to the great disgust of the Parliament of England. In the mean time, the Irish, under their General Preston, had besieged Ballynakill, and Colonel Monk, with Six hundred Foot and Two Troops of Horse, was sent to relieve it: He marched out of Dublin the Fifth day of December, and upon his approach the Enemy withdrew from the Siege, and politicly marched to a Place of Advantage between the English Army and Dublin, Battle of Tymachoo. to intercept them in their Return: But the Rebels had not so much Courage as Cunning; for tho' they were Fourteen hundred Foot and Three hundred Horse, yet upon the loss of about Threescore that were slain upon the first Volley, they basely ran away, and left the Road open for Monk to march to Dublin. In like manner, Sir Richard Greenvill, with Two hundred Horse and One thousand Foot, on the Twentieth of January marched to raise the Siege of Athloan, and carry Supplies to that Garrison, both which he effected; but in his Return he was encountered by Three thousand four hundred Foot, Battle of Raconell. and Six Troops of Horse, at Raconell, in a place of great disadvantage to him: Nevertheless, he had the good fortune to defeat the Rebels, with the slaughter of Two hundred and fifty of their Men, and to take the General Preston's eldest Son, and some other Prisoners. But that which rendered this Victory the more valuable, was an ancient Prophecy, That whoever won the Battle of Raconell, should gain all Ireland; therefore this Victory troubled and discouraged the Superstitious Irish exceedingly. But we must return to the Lords Justices, who in November, 1642. transmitted to His Majesty a Petition from the Confederates, by the Name of The Roman Catholics of Ireland, desiring His Majesty to appoint Commissioners to hear their Grievances: And accordingly a Commission was brought over by Thomas Burk, one of the first Rebels, and by him confidently delivered at the Council-Board, to the admiration of the State: It impowered the Marquis of Ormond, the Earls of Clanrickard and Roscomon, Sir Maurice Eustace, and others, to hear and report their Complaints; and in order to it, the Three last went to Trim, where the Lord Gormanstown, Sir Lucas Dillon, Sir Robert Talbot, and John Walsh, (the Confederates Agents) on the Seventeenth of March, 1642. presented a Remonstrance of Grievances, which one truly calls an Infamous Pamphlet, and contains so much false Reasoning, and Arguments ex post facto, and downright Untruths, as clearly manifests, That the Irish first resolved to rebel, and then set their Lawyers and Divines on work to fish for Arguments to justify, or at least excuse it. But there was an Answer printed 1644. entitled, An Answer to the false and scandalous Remonstrance of the inhuman and bloody Rebels of Ireland, which sufficiently confuted all their vain Pretences; and both of them being essentially necessary to this History, are in substance added, Appendix 5, & 6. But this Remonstrance met with better Fortune in the Irish Parliament, which sat the Ninth of April; for the English were then unluckily dividing into the Factions of Protestant and Puritan, and some of the former, very unwisely, to back their Arguments against that Remonstrance, compared it with the Scots Covenant, which engendered such Heats in the House, that the Parliament was prorogued to the Sixth of May, 1643. However, the Protestant Army did not neglect to solicit their Affairs in England; but by their Agents Sir James Mongomery, Sir Hardress Waller, Colonel Hill, and Colonel Mervin, they Addressed first to the Parliament, (to whom the King had committed the Care of Ireland) and afterwards they presented a handsome Address to His Majesty at Oxford, (quod vide Burlace, 112.) and on the First of December they received the following Gracious Answer from the King. THat His Majesty hath, since the beginning of that monstrous Rebellion, had no greater Sorrow, than for the Bleeding Condition of that His Kingdom; and as He hath by all Means laboured, that timely Relief might be afforded to the same, and consented to all Propositions (how disadvantageous soever to Himself) that have been offered Him for that purpose; and at first recommended their Condition to Both Houses of Parliament, and immediately of His own mere Motion sent over several Commissions, and caused some Proportion of Arms and Ammunition (which the Petitioners well know to have been a great Support to the Northern Parts of that Kingdom) to be conveyed to them out of Scotland, and offered to find Ten thousand Volunteers to undertake that War, but hath often since pressed by many several Messages, that sufficient Succours might be hastened thither, and other Matters of smaller Importance laid by, which did divert it; and offered, and most really intended, in His own Royal Person to have undergone the Danger of that War, for the Defence of His Good Subjects, and the Chastisement of those perfidious and barbarous Rebels; and in His several Expressions of His Desires of Treaty and Peace, hath declared the miserable present Condition, and certain future Loss of Ireland, to be one of His principal Motives, most earnestly to desire, that the present Distraction of this Kingdom might be composed, and that others would concur with Him to the same End: So His Majesty is well pleased that His Offers, Concurrence, Actions, and Expressions, are so rightly understood by the Petitioners, and those who have employed them, (notwithstanding the groundless and horrid Aspersions which have been cast upon Him); but wishes, That instead of a mere General Complaint, (to which His Majesty can make no Return but of Compassion) they could have digested and offered to Him any such Desires, by consenting to which, He might convey (at least in some degree) Comfort and Life to that gasping Kingdom, preserve His Distressed and Loyal Subjects of the same from inevitable perishing, and the True Protestant Religion from being scorned and trampled on by those Merciless and Idolatrous Rebels. And if the Petitioners can yet think on any such, and propose to his Majesty, He assures them, That by his readiness to Consent, and his Thanks to them for the Proposal, he will make it appear to them, that their most pressing personal Sufferings cannot make them more desirous of relief, than his Care of the true Religion, and of his faithful Subjects, and of that Duty which obliges him to his Power to protect both, renders him desirous to afford it to them. But whatever good words the Irish Protestant Committee met with, it is certain they got but very little Assistance; so that the Lords Justices were reduced to the last Extremity, whereupon they ordered the Citizens of Dublin to bring in half their Plate to be Coined, promising that they should be satisfied for it out of the next Supply; and upon this▪ Proclamation Twelve hundred Pounds worth of Plate was brought in, Tho there were but three Papists that sent in any. But it is time to return to the Army, which was in great straits in Dublin, and exceedingly oppressive to the Inhabitants; it was therefore ordered, they should enlarge their Quarters, and the Lords Justices and some others, having Coined their own Plate to enable it to march: It did accordingly issue out of Dublin to the number of Two thousand five hundred Foot, and Five hundred Horse under the Marquis of Ormond on the Second of March, and on the Third took Castlemartin and Tully, and on the Fourth took Tymolin with the Slaughter of One hundred Rebels; and on the Twelfth they came before the Town of Ross, and having made a Breach in the Walls they assaulted it, but without effect; whereupon the Irish Army under General Preston (consisting of Six thousand Foot, and Six hundred and fifty Horse) drew so near, that they sent a considerable Supply into the Town, and put a necessity upon the English Army, not only to draw off from the Siege, but also to give them Battle; whereupon some of the Horse really suspected that Ormond had betrayed them, and tho' most of them were Men of known Courage, yet they fled very early, and before the Battle was well begun; however, Ormond maintained the fight with his Infantry, and the Horse that stayed with him, and at the same time gave Demonstration both of his Integrity; Battle of Ross. 18th of March 1642. and of that Presence of mind which was natural to him, and never left him in the greatest Adversity; and the issue was a complete and entire Victory over the Irish Army, whereof Lieutenant General Cullen and the rest of the Prisoners, and the Baggage that was taken were undeniable Evidences; nevertheless, there were not above Three hundred of the Rebels slain in this Battle, but many of them were principal Commanders and Persons of Note. In Munster, 1642. Affairs were managed this Year with alternate Success; the English prospered well enough in the County of Cork, but suffered in most other parts of the Province; in April the valiant Bandonians took the Castle of Downdaniel, and killed One hundred Rebels near Powlalong, and got considerable Booty in both places, and afterwards being assisted by the English at Kinsale, they did on the Fourth of May take the strong Castle of Carriginass, and the next day the Castle of Powlalong was surrendered to them, and the Castle of Kilgoban was deserted by the Ward. And about the same time Captain Scurlock, with about Seven hundred Rebels of the County of Waterford, made a brisk Attempt on Capoquin; but the valiant Governor Captain Crocker, with One hundred Men encountered him in the Town, and killed Scurlock and routed his Forces. On the Eighteenth of May, the Lord of Insiquin defeated a Party of Irish in the Barony of Fermoy, and killed above One hundred of them; and on the Nineteenth Colonel Brocket Landed at Kinsale with Four hundred and sixty Men, of Sir John Pawlett's Regiment of Foot, whereupon Mountlong was deserted by the Irish on the Twenty fifth, and the same day the Castle of Ballincolly was taken by the Lord Precedent; and on the Twenty ninth, the Castles of Coolmain and Kilbrittain were taken by the Bandonians, as the Castle of Cloleigh was on the Twenty third of July, by the Earl of Barrymore. But in the midst of these small Victories, the Lord Precedent Saintleger died at Cork on the Second of July; whereupon the Government of that Province in civil Matters, was committed to the Earl of Barymore, and Lord of Insiquin; but the Military Affairs were subjected to the Lord of Insiquin's sole Command. And on the Fourth of July, the Lord Broghill on his return from the relief of Knockmone, met a Party of Rebels strongly posted near Capoquin, with a small Wood at their Backs; and tho' he had but Sixty Horse, and One hundred and forty Foot, yet he boldly Charged them, and killed two of their best Captains, and Two hundred of their Soldiers, with the loss of only one English Man. On the Ninth of August, the Castle of Glin was taken by the Lord Forbes, who came with his Fleet from before galway, and Sailed up the River of Shanon; and on the Twenty first, the Lords Dungarvan and Broghill took the Castle of Ardmore, with the Saughter of One hundred and forty of the Rebels. But Provisions beginning to grow scant, the Lord Insiquin drew out One thousand eight hundred Foot, and Three hundred and sixty Horse, and near Liscaroll met with the Irish Army, under the Lord Mountgarret, who was accompanied by the Lord's Muskery, Roch, Ikerin, Dunboin, Castleconnel and Brittas; and it came 〈◊〉 a smart Battle on the Third of September, wherein the English were Victorious, and killed Seven hundred of the Rebels, and took Fifty ●sisoners, and one piece of Cannon and two Field Pieces, without any loss on the English side, except that of the valiant Lord Viscount Kinalmeaky (who was slain in the beginning of the Fight, by a shot in his Neck) and Sixteen private Soldiers; In this Battle, the noble Earl of Cork (who never begrudged what he ventured for the Service of his King and Country) had no less than four Sons, viz. the Lords of Dungarvan, Kinalmeky and Broghill, and Mr. Francis boil, since Viscount Shanon. About the same time, the Lord Forbes with his Regiment Landed at Kinsale, and marched to Bandon; and being joined with Three Bandon Companies of Foot and some Horse, they went to Rathbarry, to relieve Captain Freak, who had been besieged there since the Fourteenth of February; but when they came to Cloghnikilty on the Eighteenth of October they thought fit to leave Two Scotch Companies, and one Bandon Company there, to secure that Town till their Return, but it was not long after their Departure, before a numerous Rabble of the Irish rushed upon them from all sides; whereupon Groves (who Commanded the Bandon Company) advised to retreat towards their main Body, which was not above four Miles from them; but the Scots thought that dishonourable and refused, and the Consequence was, That the two Companies of Scots were cut in pieces; but Groves valiantly made good his retreat a full Mile to an Old Danes Fort in the way to Ross, which he justified manfully till the rest of the Forces came up to him, and then they fell upon the Irish, and forced them into the Island of 〈◊〉, and the Tide being in, above Six hundred of them were killed and drowned; whereupon the English marched to Cloghnikilty, and relieved a great number of Men, Women and Children which were imprisoned in the Market-house purposely to be burnt, together ●ith the House, to make a Bonfire for joy of the easy Victory they promised themselves over the rest of the Lord Forbes his Party. After the Death of the Lord of Kinalmeaky, Colonel R●●land Saintleger was made Governor of Bandon; in whose time it happened, that the Troops of Bandon and Kingsale, had appointed to meet at a day prefixed, and to take a Prey, but the Rebels who were at Kilcrea had notice of it, and believing that the Troop had marched abroad according to the Appointment, they boldly came to Bandon, and took away the cattle belonging to the Town; but the Troop (being by some Accident delayed in Town longer than they designed) were just ready mounted when this Adventure happened; so that they immediately issued out and recovered the Prey at Brinny Bridge, and slew Fifty of the Tories in Killmore Bog, without the loss of one Man. But these small Victories were balanced by some considerable Successes of the Irish; for the strong Castle of Limerick, which had been besieged since the Fifteenth of January, was surrendered to them on the Twenty third of June; and the Castle of Askeaton submitted to the same Fate on the Fourteenth of August, after nine months' Siege, as Castlematrix likewise did not long after. Neither was it a small Misfortune to the English, that about this time both Dean Grace, and Archdeacon Byss, (who were Commissioners to inquire into the English Losses in Munster) met with their Destiny; the former dying at Bandon, and Byss, the Survivor, (who had all the Papers and Examinations) was murdered by the Rebels on the Way to Youghall; ☜ and this is the true Reason why there is no particular full Account extant of the Murders and Losses in Munster. And it is very observable that the Rebels took very few places by force, but either want of Necessaries, or Promise of good Conditions, prevailed with the English to surrender; and it is no less wonder that the English would trust to any Articles from a perfidious People, that had so often violated their Faith: Nevertheless every day afforded Instances of their stressful Treachery, and besides what is already mentioned, Gloghleig● and Cool are additional Examples▪ in the former was a considerable Garrison, to whom Richard Condon promised Quarter and Convoy to Castlelyons; whereupon they surrendered, and for their Folly were every one murdered, wounded, or kept Prisoners: And in Cool were 36 Troopers of the Earl of Barrimores, to whom the same Condon promised the like Quarter Upon the Faith of a Soldier and a Christian, but nevertheless murdered them all, except one, who had 36 Wounds, and was left for dead. And in Connaught, the Town of galway did in the later end of April submit unto the Earl of Clanrickard, who was Governor of that County, and was by him taken into Protection, until the Pleasure of his Majesty (then expected over) should be known; but the Lords Justices did not approve of that Protection, unless the Town would admit of an English Garrison: However Clanrickard made use of that Opportunity to relieve the Fort of Galway, wherein the Archbishop of Tuam and 36 Ministers, and many more English, were in very great distress. And about the middle of July the Lord Precedent drew out his small Forces into the County of M●yo, Battle of Ballintobber. where, not far from Ballintobber, they met with the Irish Army, which was more than double their Number: Nevertheless the English obtained an easy Victory over them, and killed near 2000 of the Enemy; and on the First day of the same Month Sir Frederick Hamilton took the Town of Sligo, and slew 300 of the Rebels, and afterwards routed Owen O Rourk, who in his Absence had, with 1000 Men, besieged his Castle of Manor Hamilton. And about August the Lord Forbes came into the Bay of Ga●●ay, and landed some Guns, and seized on the Abbey, and being joined by the Lord President and the Earl of Clanrickard, they pretended to besiege the Town, but they wanted Necessaries; and therefore the Lord Forbes compounded with the Town for a Sum of Money, which was never paid, and drew off from the Siege, and sailed up the Shanon, and took the Castle of Glin, and afterwards sailed round to Kinsale, where he landed his Regiment, as hath been already mentioned. But notwithstanding the Disasters the Irish met with, yet being very numerous in this Province, they did easily recruit, and the English, tho' Victorious, yet wanted Necessaries to keep the Field; so that in Winter the Irish returned again to Athloan, and kept the Castle blocked up until Sir Richard Greenvill did Relieve it, as hath been already related. And as to Ulster, a Party of Scots came thither in the beginning of April, and had Carrigfergus delivered up to them, according to Articles, and afterwards had Colraine and the Country thereabouts for their Quarters; and 〈◊〉 the Twenty seventh of April a Party of them drew out to Malone, and the next day were joined with 1000 Foot, three Troops of Horse, and two of Dragoons, by the Lord Conway and Colonel Chichester; and having sent one Ship to Colraine and Derry, and another to Carlingford, with Supplies, they came the Twenty ninth to Lisnegarvy, where they met 800 Foot and two Troops of the Lords Claneboys and Ards; and then dividing into two Parties, Monroe, with 1600 Foot, five Troops of Horse, and three of Dragoons, marched to Killvarlin, and forced a Pass, which the Lord of Evagh kept with 2500 Foot and 60 Horse; and having in that Encounter slain 150 of the Rebels, the whole Army afterwards united, and passed at that place, and came to Loghbricklane on the Thirtieth of April, and took the Island, and killed 60 desperate Rebels that were in it; and on the Third of May they took the Newry, and hanged 60 Rebels there: And on the Sixth of May they marched to Armagh, but the Irish, having notice of their Approach, burned the Town, not sparing the Cathedral Church, and murdered a vast number of Protestants, (some say 5000) which they had in their Power; whereupon the Scots returned to Carrigfergus on the Twelfth of May, and carried with them a very considerable Booty of Cattle. And tho' the Scots complained that they wanted Bread exceedingly, yet in June they made a shift to make another Excursion, and being joined with Sir John Clotworthy, they made up together 3450 Foot, four Troops of Horse, and one of Dragoons, and scoured the whole County of Antrim; so that the Marquis of that name, who (as Monroe writes) did wheedle them with good words, but secretly did them all the Mischief he could, was forced, upon their Summons, to surrender his Person, and his strong Castle of Dunluce; and then the Scots marched towards Charlemont, by the way of Armagh, as Clotworthy did by the way of Tomb, through the Barony of Loghinsolin; and in both places they found the Irish under so great a Famine that they eat their own Dead; however they returned, re infecta, perhaps for want of Victuals. But much better Success had Sir William and Sir Robert Stewart, Battle of Rapho. and the Lagan Forces, who in June obtained a glorious Victory over the Irish at Glanmackwin not far from Rapho, with the Slaughter of near Two hundred of the Enemy. And it seems, that by virtue of a * It is at large, Dugdale's View 913. Treaty in England, on the Sixth of August, Ceneral Lesly came over with the rest of the Scotch Forces, which were to be Ten thousand Men in all, and perhaps were so by the Muster, but were not near that Number by the Poll; so that the Lord Conway was forced to join with him to oppose Owen Roe, who was then come to Ireland; and therefore he could not comply with the Invitation of the State, to bring Three thousand Foot to their Assistance to Dublin. But the Reader will not think it tedious to have a Description of a Naval Battle in Ireland, which happened in this manner: Sir John Clotworthy's Regiment built a Fort at Toom, and thereby got a Convenience to pass the Ban at pleasure, and to make Incursions as often as he pleased into the County of Londonderry. To revenge this, the Irish Garrison at Charlemont built some Boats, with which they sailed down the Blackwater into Loghneagh, and preyed and plundered all the Borders thereof. Hereupon those at Antrim built a Boat of Twenty Tun, and furnished it with Six Brass Guns; and they also got Six or Seven lesser Boats, and in them all they stowed Three hundred Men, under the Command of Lieutenant-Colonel Owen O Conally (the Discoverer of the Rebellion, who was a stout and active Man) and Captain Langford. These sailed over the Logh, and Landed at the Mouth of the Blackwater, where they cast up Two small Forts, and returned: But the Irish found Means to pass by these Forts in dark Nights, and not only continued their former manner of Plundering, but also raised a small Fort at Clanbrazill, to protect their Fleet upon any Emergency. Upon notice of this, Conally and Langford Manned out their Navy again, and met the Irish near the Shore of Clanbrazill; whereupon a Naval Battle ensued: But the Rebels being Freshwater Soldiers, were soon forced on Shore; and the Victor's pursuing their Fortune, followed them to the Fort, and forced them to surrender it: And in this Expedition Sixty Rebels were slain, and as many were taken Prisoners, which, together with the Boats, were brought in Triumph to Antrim. But we must cast our Eyes on England, where we shall find, that on the Eighth day of April His Majesty sent the Parliament the following Message, Husbands, ●33. viz. That His Majesty being grieved at the very Soul for the Calamities of His Good Subjects of Ireland, and being most tenderly sensible of the false and scandalous Reports dispersed amongst the People concerning the Rebellion there, which not only wounds His Majesty in Honour, but likewise greatly retards the Reducing of that unhappy Kingdom, and multiples the Distractions at home, by weakening the mutual Confidence betwixt Him and His People; Out of His Pious Zeal to the Honour of Almighty God, in Establishing the True Protestant Profession in that Kingdom, and His Princely Care for the Good of all His Dominions, hath firmly resolved with all convenient speed to go into Ireland, to chastise those wicked and detestable Rebels, (odious to God and all good Men) thereby so to settle the Peace of that Kingdom, and the Security of This, that the very Name of Fears and Jealousies may be no more heard of amongst us. And as His Majesty doubts not, but that His Parliament will cheerfully give all possible Assistance to this good Work; so He requires them, and all His Loving Subjects, to believe, That he shall upon those Considerations as earnestly pursue this Design, (not declining any Hazard of His Person in performing that Duty which he oweth to the Defence of God's True Religion, and His Distressed Subjects) as for these, and only these Ends, he undertakes it▪ To the Sincerity of whi●● Profession, He calls God to Witness, with this further Assurance, That H●● Majesty will never consent (upon whatsoever Pretence) to a Toleration of the Popish Profession there, or the Abolition of the Laws now in force against Popish Recusants in that Kingdom. His Majesty hath further thought fit to advertise His Parliament, That towards this Work He intends to raise forthwith by His Commissions, in the Counties near Westchester, a Guard● for His own Person, (when he shall come into Ireland) consisting of Two thousand Foot and Two hundred Horse, which shall be Armed at Westchester, from His Magazine at Hull; at which time all the Officers and Soldiers shall take the Oaths of Supremacy and Allegiance: The Charge of Raising and Paying whereof, His Majesty desires His Parliament to add to their former Undertake for that War, which His Majesty will not only well accept, but if their Pay be found too great a Burden to His Subjects, His Majesty will be willing (by the Advice of His Parliament) to sell or 〈◊〉 any of His Parks, Lands, or Houses, towards the Supplies of the 〈◊〉 of Ireland; with the Addition of these Levies to the former of English and Scots agreed upon in Parliament, he hopes so to appear in this Action, that (by the Assistance of Almighty God) in a short time that Kingdom may be wholly reduced, and restored to Peace, and some measure of Happiness; whereby he may cheerfully return, to be Welcomed home with the Affections and Blessings of all His good English People. Towards this good Work, as His Majesty hath lately made Dispatches unto Scotland to quicken the Levies there for Ulster, so he hearty wishes, That His Parliament here would give all possible Expedition to th●se which they have resolved for Munster and Conaught, and hopes the Encouragement which the Adventures (of whose Interest His Majesty will be always very careful) will hereby receive, (as likewise by the lately signing of a Commission for the Affairs of Ireland, to such Persons as were recommended to Him by Both Houses of Parliament) will raise full Sums of Money for the doing thereof. His Majesty hath been likewise pleased (out of His earnest desire to remove all Occasions which do unhappily multiply Misunderstandings between Him and His Parliament) to prepare a Bill to be offered to them by His Attorney, concerning the Militia, whereby He hopes the Peace and Safety of this Kingdom may be fully secured, to the general satisfaction of all Men, without violation of His Majesty's just Rights, or prejudice to the Liberty of the Subject. If this shall be thankfully received, He is glad of it; if refused, He calls God and all the World to judge on whose part the Default is. One thing His Majesty requires, (if this Bill be approved of) That if any Corporation shall make their Lawful Rights appear, they may be reserved to them. Before His Majesty shall part from England, He will take all due Care to entrust such Persons with such Authority in His absence, as He shall find to be requisite for the Peace and Safety of this Kingdom, and the happy Progress of this Parliament. To which the Parliament returned the following Answer. May it please Your Majesty, YOur Majesty's most Loyal and Faithful Subjects, Husbands, 141. the Lords and Commons in Parliament, have duly considered the Message received from Your Majesty, concerning Your Purpose of going into Ireland in Your own Person, to prosecute the War there, with the Bodies of Your English Subjects, levied, transported, and maintained at their Charge; which You are pleased to propound to us, not as a Matter wherein Your Majesty desires the Advice of Your Parliament, but as already firmly resolved on, and forthwith to be put in Execution, by granting out Commissions for the Levying of Two thousand Foot and Two hundred Horse for a Guard for Your Person, when You shall come into that Kingdom: Wherein we cannot choose but with all Reverence and Humility to Your Majesty, observe, That You have declined Your Great Council, the Parliament, and varied from the usual Course of Your Royal Predecessors; That a Business of so great Importance, concerning the Peace and Safety of all Your Subjects, and wherein they have a special Interest by Your Majesty's Promise, and by those great Sums which they have disbursed, and for which they stand engaged, should be concluded and undertaken without their Advice. Whereupon we hold it our Duty to declare, That if at this time Your Majesty shall go into Ireland, You will very much endanger the Safety of Your Royal Person and Kingdoms, and of all other States professing the Protestant Religion in Christendom, and make way to the Execution of that cruel and bloody Design of the Papists, every where to root out and destroy the Reformed Religion, as the Irish Papists have in a great part already effected in that Kingdom, and in all likelihood would quickly be attempted in other Places, if the Consideration of the Strength and Union of the Two Nations of England and Scotland did not much hinder and discourage the Execution of any such Design. And that we may manifest to Your Majesty the Danger and Misery which such a Journey and Enterprise would produce, we present to Your Majesty the Reasons of this our humble Opinion and Advice. 1. Your Royal Person will be subject not only to the Casualty of War, but to Secret Practices and Conspiracies; especially Your Majesty continuing Your Profession to maintain the Protestant Religion in that Kingdom, which the Papists are generally bound by their Vow to extirpate. 2. It will exceedingly encourage the Rebels, who do generally profess and declare, That Your Majesty doth favour and allow their Proceed, and that this Insurrection was undertaken by the Warrant of Your Commission; and it will make good their Expectation of great Advantage by Your Majesty's Presence at this time of so much Distraction in this Kingdom, whereby they may hope we shall be disabled to supply the War there, especially there appearing less Necessity of Your Majesty's Journey at this time, by reason of the manifold Successes which God hath given against them. 3. It will much hinder and impair the Means whereby this War is to be supported, and increase the Charge of it, and in both these respects make it more insupportable to Your Subjects. And this we can confidently affirm, because many of the Adventurers who have already subscribed, do, upon the knowledge of Your Majesty's Intention, declare their Resolution, not to pay in their Money; and others, very willing to have subscribed, do now profess the contrary. 4. Your Majesty's Absence must necessarily very much interrupt the Proceed of Parliament, and deprive Your Subjects of the Benefit of those further Acts of Grace and Justice which we shall humbly expect from Your Majesty for the Establishing of a perfect Union and mutual Confidence, between Your Majesty and Your People, and procuring and confirming the Prosperity and Happiness of both. 5. It will exceedingly increase the Jealousies and Fears of Your People, and render their Doubts more probable, of some force, intended by some evil Counsels near Your Majesty, in opposition of the Parliament, and favour of the Malignant Party of this Kingdom. 6. It will bereave Your Parliament of that advantage, whereby they were induced to undertake this War, upon Your Majesty's Promise, that it should be managed by their Advice, which cannot be done, if Your Majesty contrary to their Counsels, shall undertake to Order and Govern it in Your own Person. Upon which, and divers other Reasons We have resolved, by the full and concurring Agreement of both Houses, that We cannot with discharge of our Duty, Consent to any Levios' or raising of Soldiers to be made by your Majesty, for this your intended Expedition into Ireland; or to the Payment of any Army or Soldiers there, but such as shall be employed and governed according to Our Advice and Direction; and that if such Levies shall be made by any Commission of your Majesty, (not agreed too by both Houses of Parliament) We shall be forced to interpret the same to be raised to the Terror of your People, and disturbance of the public Peace; and hold ourselves bound by the Laws of the Kingdom, to apply the Authority of Parliament to suppress the same. And We do further most humbly Declare, That if your Majesty shall by ill Counsel be persuaded to go contrary to this Advice of your Parliament, (which We hope your Majesty will not) We do not in that Case hold Ourselves bound to submit to any Commissioners which your Majesty shall choose, but do Resolve to preserve and govern the Kingdom, by the Counsel and Advice of Parliament, for your Majesty and your Posterity, according to Our Allegiance and the Law of the Land. Wherefore We do most humbly Pray and Advise your Majesty, to desist from this your intended Passage into Ireland, and from all Preparations of Men and Arms tending thereunto, and to leave the managing of that War to your Parliament, according to your Majesties Promise made unto Us, and your Royal Commission Granted under your Great Seal of England, by Advice of both Houses; in Prosecution whereof by God's Blessing, We have already made a prosperous Entrance by many defeats of the Rebels, whereby they are much weakened and disheartened, and have no probable means of Subsistence, if Our Proceed shall not be interrupted, by this Interposition of your Majesty's Journey; but that we may hope upon good Grounds, that within a short time, without hazard of your Majesty's Person, and so much dangerous Confusion to your Kingdoms (which must needs ensue) if you should proceed in this Resolution; We shall be enabled fully to vindicate your Majesty's Right and Authority in that Kingdom, and punish those horrible Outrageous Cruelties, which have been committed in the murdering and spoiling so many of your Subjects; and bring that Realm to such a Condition as may be much for the advantage of your Majesty and this Crown, the Honour of your Government, and the Contentment of your People. For the better and more speedy effecting whereof, We do again renew Our humble Desires of your Return to your Parliament, and that You will please to reject all Counsels and Apprehensions, which may any way derogate from that Faithfulness and Allegiance, which in Truth and Sincerity, We have always born and professed to your Majesty, and shall ever make good to the uttermost, with our Lives and Fortunes. To this Answer, The King made the following Reply, We are so troubled and astonished to find the unexpected Reception and misunderstanding of our Message of the Eighth of April concerning our Irish▪ Journey, that being so ●●ch disappointed of the Approbation and Thanks we looked for to that Declaration; We have great cause to doubt, whether it be in Our Power to say, or do any thing which shall not fall within the like Interpretation; but as we have in that Message called God to witness the Sincerity of the Profession of Our only Ends, for the undertaking that Journey: So We must appeal to all our good Subjects, and the whole World, whether the Reasons alleged against that Journey, be of weight to satisfy Our understanding, or the Counsel Presented to dissuade Us from it, be full of that Duty, as is like to prevail over Our Affections. For Our Resolving of so great a business without the Advice of Our Parliament; We must remember you, how often by Our Messages We made the same offer if you should Advise Us thereunto. To which, you never gave Us the least Answer; but in your late Declaration told Us, That ye were not to be satisfied with Words: So that we had Reason to conceive you rather avoided (out of regard to our Person) to give Us Counsel to run that hazard, than that you disapproved the inclination. And what greater Comfort or Security can the Protestants of Christendom receive, t●●n by seeing a Protestant King venture and engage his Person, for the defence of that Profession, and the Suppressing of Popery; to which, We Solemnly protested in that Message, never to Grant a Toleration upon what Pretence soever, or an Abolition of any of the Laws there in force, against the Professors of it. And when We consider the great Calamities and unheard of Cruelties, Our poor Protestant Subjects in that Kingdom, have undergone for the space of near or full Six Months, the growth and increase of the Strength of those barbarous Rebels, and the evident Probability of foreign Supplies, (if they are not speedily suppressed) the very slow Succours hitherto sent them from hence; That the Officers of several Regiments, who have long time been allowed Entertainment from you for that Service, have not raised any Supply or Succour for that Kingdom; That many Troops of Horse have long lain near Chester untransported; 〈◊〉 the Lord Lieutenant of Ireland on whom We relied principally for the Conduct and managing of Affairs there, is still in this Kingdom, notwithstanding our Earnestness expressed, that he should repair to his Command; And when We consider, the many and great Scandals raised upon Ourselves by report of the Rebels, and not sufficiently discountenanced here, notwithstanding so many Professions of Ours; And had seen a Book lately Printed by the Order of the House of Commons, Entitled, A Remonstrance of divers remarkable Passages, concerning the Church and Kingdom of Ireland: Wherein some Examinations are set down, which (how improbable or impossible soever) may make an impression in the Minds of many of Our weak Subjects; And Lastly, when We duly weigh the Dishonour, which will perpetually lie upon this Kingdom, if full and speedy Relief be not dispatched thither, We could, not nor cannot think of a better way to discharge Our Duty to Almighty God, for the defence of the true Protestant Profession, or to manifest Our Affection to Our Three Kingdoms for their Preservation, than by engaging Our Person in this Expedition, as many of Our Royal Progenitors have done, even in Foreign parts, upon Causes of less Importance and Piety, with great Honour to themselves, and advantage to this Kingdom; and therefore We expected at least Thanks for such Our inclination. For the Danger to Our Person, We conceive it necessary and worthy of a King, to adventure his Life to preserve his Kingdom; neither can it be imagined, That We will sit still and suffer Our Kingdoms to be lost, and Our good Protestant Subjects to be Massacred, without exposing Our own Person to the utmost hazard for their Relief and Preservation; Our Life when it was most Pleasant, being nothing so precious to Us, as it is and shall be to govern and preserve Our People with Honour and Justice. For any Encouragement to the Rebels, because of the Reports they raised, We cannot conceive, that the Rebels are capable of a greater Terror, than by the Presence of their Lawful King in the Head of an Army: Besides, it will be an unspeakable advantage to them, if any Reports of theirs could hinder Us from doing any thing which were fit for Us to do if such Reports were not raised; This would quickly teach them in this jealous▪ Age, to prevent by such Reports any other Persons coming against them, whom they had no Mind should be employed. We marvel that the Adventurers, whose advantage was a principal▪ Motive (next the Reason before mentioned) to Us, should so much mistake Our Purpose, whose interest We conceive, must be much improved by the Expedition We hope (by God's Blessing) to use in this Service, this being the most probable way for the speedy Conquest of the Rebels, and their Lands are sufficiently secured by Act of Parliament. We think not Ourselves kindly used, That the Addition of so few Men to your Levies (for a Guard to Our Person in Ireland) should be thought fit for your refusal, and much more, that having used so many Cautions in that Message, both in the smallness of the number; in Our having raised none until your Answer: In their being so raised only near their place of Shipping; in their being there to be Armed, and that not till they were ready to be Shipped: In the Provision by the Oaths, that none of them should be Papists, (all which appears sufficient to destroy all Grounds of jealousy, of any force intended by them, in opposition to the Parliament, or favour to any Malignant Party) any suspicion should notwithstanding be grounded upon it. Neither can it be understood, That when We recommended the managing of that War to you, that We intended to exclude Ourselves, or not to be concerned in your Counsels; That if we found any expedient (which in Our Conscience or Understanding, We thought necessary for that great Work) We might not put it in Practice. We look upon you as Our great Council, whose Advice We always have, and will (with great Regard and Deliberation) weigh and consider: But We look upon Ourselves, as neither deprived of Our Royal understanding, or devested of any Right We had; if there were no Parliament sitting: We called you together by Our own Writ and Authority (without which you could not have met) to give Us faithful Counsel about Our great Affairs: But We resigned not up Our own Interest and Freedom. We never subjected Ourselves to your absolute Determination, We have always weighed your Counsels, as proceeding from a Body entrusted by Us: And when We have dissented from You, We have returned You the Reasons which have prevailed with Our Conscience and Understanding, with that Candour as a Prince should use towards his Subjects▪ And that Affection, which a Father ca●●xpress to his Children: What Application hath been used to rectify ou●●●derstanding by Reason, or what Motives have been given to persuade our Affections, We leave all the World to judge; And then We must tell you, howsoever a Major part may bind you in Matter of Opinion, We hold ourselves (and We are sure, the Law and Constitution of the Kingdom, hath always held the same) as Free to descent (till our Reason be convinced for the General good) as if you delivered no Opinion. For our Journey itself, The Circumstances of your Petition are such, as We know not well what Answer to return, or whether We are best to give any. That part which pretends to carry Reason with it, doth no way satis●ie Us: The other, which is rather Reprehension and Menace, than Advice cannot stagger Us. Our Answer therefore is, That We shall be very glad to find the work of Ireland so easy, as you seem to think it, which did not so appear by any thing known to Us, when We sent our Message. And though We will never refuse, or be unwilling to venture our Person, for the good and safety of our People, We are not so weary of our Life to hazard it impertinently; and therefore, since you seem to have received Advertisement of some late and great Successes in that Kingdom, We will stay some time to see the event of those and not pursue this resolution, till We have given you a second Notice. But if We find the miserable Condition of our poor Subjects of that Kingdom, be not speedily relieved, We will (with God's assistance) Visit with Succours as our particular Credit and Interest can supply Us with, if you refuse to join with Us. And We doubt not, but the Leagues We shall make (in which We will observe punctually the former, and all other Cautions as may best prevent all Fears and Jealousies, and to use no Power but what is legal) will be so much to the Satisfaction of our Subjects; as no Person will dare presume to resist our Commands, and if they should, at their Per●l. In the mean time, We hope our forwardness so remarkable to that Service, shall be notorious to all the World, and that all Scandals laid on us in that business shall be clearly wiped away. We were so careful, that our Journey into Ireland, should not interrupt the Proceed of Parliament, nor deprive our Subjects of any Acts of Justice, or further Acts of Grace, for the real benefit of our People; that We made Free offer of leaving such Power behind; as should not only be necessary for the Peace and Safety of that Kingdom, but fully provide for the happy Progress of the Parliament. And therefore, We cannot but wonder, since such Power hath been always left here by Commission for the Government of this Kingdom, when our Progenitors have been out of the same, during the sitting of Parliament. And since yourselves desired, that such a Power might be left here by Us at our last going into Scotland; What Law of the Land have ye now found, to dispense with you, from submitting to such Authority, legally derived from Us in our absence, and to enable you to Govern this Kingdom, by your own mere Authority? For our Return towards London, We have given you so full an Answer in our late Declaration, and in Answer to your Petition presented to Us at York, the Twenty sixth of March last, That We know not what to add. If you will not provide for our Security with you, nor agree to remove to another place, where there may not be the same Danger to Us. We expected that (since We have been so particular in the Causes and Grounds of our Fears) you should have sent Us word, That you had published such Declarations against future Tumults, and unlawful Assemblies; and taken such Courses for the suppressing of Seditious Sermons and Pamphlets, that our Fears of that kind might be laid aside, before you should press our Return. To conclude, We could wish that you would (with the same strictness and severity) weigh and examine your Messages and Expressions to Us, as you do those ye receive from Us; for We are very Confident, that if you examine our Rights and Privileges, by what our Predecessors have enjoyed; and your own Addresses, by the usual Courses of your Ancestors: Ye will find many Expressions in this Petition warranted only by your own Authority, which indeed we forbear to take Notice of, or to give Answer to, lest we should be tempted (in a just Indignation) to express a greater Passion than we are yet willing to put on; God in his good time, We hope, will so inform the Hearts of all our Subjects, That We shall recover from the Mischief and Danger of this Distemper, on whose good Pleasure We will wait with all Patience and Humility. But as soon as the Lords Justices and Council of Ireland had Notice of his Majesty's intentions, to come personally into Ireland, they wrote him a dutiful Letter of Thanks and Encouragement, to proceed in his intended Voyage, which may be seen at large, Husband's Collections, 148. And on the Thirteenth of August, 1642. His Majesty sent a Message to the House of Commons, To retract an Order they had made to dispose of One hundred thousand Pound, of the Adventurers Money, contrary to the express Words of that Act of Parliament, and to the great prejudice of the Affairs of Ireland. To which they Answer that, That Message is a high breach of Privilege, that they Hearty designed the relief of Ireland, and have been retarded and diverted from that Pious and Glorious work, by the Traitorous Counsels about the King, as may appear. 1. By His Majesties not Countenanceing them in their Endeavours for that End. 2. By His Majesties so late issuing of Proclamations against the Rebels, and then limiting the number to Forty. 3. By discouraging the Adventurers by his Absence from the Parliament. 4. By refusing Commission to Lord Wharton, for whom the Parliament had prepared Five thousand Foot, and Five hundred Horse to Land in Munster. 5. By calling away the most useful Men from that Service, as Charles Floyd Engineer, Captain Green controller of the Artillery, and others. 6. By seizing on Six hundred clothes near Coventry, that were designed for the Service of Ireland, and by doing the like to Three hundred Suits of clothes, and a Chest of Medicaments near Chester. 7. By seizing the Draught Horses (designed for Ireland) at Chester. 8. By quartering Soldiers in the common Road towards Ireland, so that no relief can pass to that Kingdom. 9 By withdrawing the Captains, Ketleby and straddling, and their Frigates from guarding the Irish Coast. 10. By receiving a Petition from His Majesties Catholic Subjects of Ireland, complaining of His Puritan Parliament of England, and desiring that since His Majesty does not come to them, they may come to him. Nevertheless, they do protest before Almighty God, that they have as great a Compassion and Sorrow for their distressed Brethren in Ireland, as if themselves were in their Case, and will endeavour to relieve them, notwithstanding the Obstructions of all Opposers; and that tho' they were forced to borrow that One hundred thousand Pound upon a great Exigency, yet it shall be without prejudice to the Affairs of Ireland, because they will make a real and speedy Repayment of the same; that it may appear, whether the King and his Cavaliers, or the King and his Parliament, do most affect and endeavour the settling of true Religion, and a firm and constant Peace within that bleeding and distressed Kingdom. To this the King made a Reply, which in Effect was, That He did not design to prejudice the Service of Ireland, but refused to give Commissions▪ because He was not sure, but they would be made use of against himself; and that He sent Proclamations against the Irish Rebellion, both in number and time, as the Lords Justices desired; And as to this latter Point, I can assure the Reader, that I have seen Authentic Copies of the Lord Justice's Letters, and that they did write at first, but for twenty Proclamations; and in a Second Letter they desired but Forty, which accordingly they had sent them; and therefore, I have very much wondered at an Objection so groundless, which nevertheless made a great noise at that time. But it is also necessary to inquire, how the Irish managed their Affairs, and what Methods they used to cement their Confederacy, and manage the War. And first, We shall find their Titular Clergy assembling in a Congregation at Kilkenny, on the Tenth of May, where they made Orders, which are recited at large, (Burlace, Appendix 7.) and are to this effect: That whereas their War is undertaken against Sectaries and Puritans, for Defence of Religion, Maintenance of the King's Rights and Prerogative; for their Gracious Queen, so unworthily abused; for the Honour, Safety, and Health of the Royal Issue▪ for the Liberties of the Kingdom, and their Lives and Fortunes, as by the unanimous Consent of almost the whole Kingdom in this War and Union appears.: They therefore declare that War openly Catholic, to be Just and Lawful. And whereas the Adversaries do publish Letters and Proclamations to be the King's, which are not His; none such are to be believed, until it be known in a National Council whether they truly proceed from Him, left to His own Freedom; and that there be an Oath of Union or Association; and that there be no distinction of Families or Provinces, or between Old and New Irish; and that there be a Council of Clergy and Nobility in every Province, and a General Council of the Kingdom; and that Embassies from one Province shall redound to the Good of all, and especially to that Province which hath most need of such Supplies as shall be sent by Foreigners; and such Ambassadors shall negotiate for a Neighbouring Province, according to its Exigencies; and that a faithful Inventory be made of the Burn, Murders, and Robberies done by the Puritans, with Circumstance of Time and Place, and a faithful sworn Messenger be appointed to that purpose in every Parish; and that Prisoners be not enlarged without Consent of all the Provinces; and that Adversaries to one Town or Province, shall be so to all; and that Peace be not made but by Common Consent of the whole Kingdom, and an Oath to be taken to that purpose, ☜ and all Refusers of that Oath to be held Enemies, and prosecuted as such; and that the Clergy preserve Peace and Unity amongst the Confederates; and that Goods recovered, he restored to the right Owners; and that all who assist or favour the Enemies, or stand Neuter, be Excommunicated; and that all Invaders of any Irishman's Property, be Excommunicated; and that those Excommunicated, shall be excluded from Confession and Sacrament; and that Importers or Makers of Arms, Powder, etc. shall pay no Taxes; and that in the next Congregation Ambassadors be appointed to be sent to the Pope, the Emperor, and the Kings of France and Spain; and that a Clergyman or a Lawyer be of the Quorum in every Embassy; and that part of the Church-living be given to the Clergy, and the rest to support the War; and that Two Confessors and One Preacher be appointed for every Regiment, etc. And afterwards, viz. on the Twenty fourth of October, there was a General Assembly of the Lords Spiritual and Temporal, and others the Representatives of the Confederates at Kilkenny; and they likewise made many Ordinances, mentioned at large (Burlace, Appendix 8.) which are to this effect: That the Popish Church in Ireland shall enjoy all Privileges according to Magna Charta, and that the Common Law of England, and all Statutes not inconsistent with the Freedom of Religion and the Liberty of the Subject, be of force: That Allegiance shall be continued to the King, and His Prerogatives supported; That the Law shall be executed, as well as the Circumstance of War, and the Absence from Dublin will permit: That a Supreme Council of Twenty four be established, whereof Twelve constantly to reside, and One of them to be Precedent, and Nine to be a Quorum, of which Seven must concur to make any Vote obligatory; and if a greater Number be present, Two thirds must agree. This Council shall have Authority over all Officers Civil and Military, shall name Sheriffs, Supreme Provost-Marshals, etc. and may do any thing for the Advantage of the Cause, and determine Causes Capital, and all other Matters, except Title of Land; and shall have a Guard of Five hundred Foot and Two hundred Horse: That there be also Provincial and County Councils; the former may receive an Appeal from the latter, and may try Causes as Judges of Assize and Gaol-delivery use to do; but must not meddle with Title of Land, except Dowers and Jointures: And the County Council shall have the Power of Sessions of Peace, and an additional Authority to determine Personal Actions: That the Sheriff in every County be Provost-Marshal, and may execute any Man not worth Five pounds for any Capital Offence, giving the Offender Twenty four Hours time to prepare his Soul: And that no Temporal Government or Jurisdiction shall be assumed, kept, ☞ or exercised in this Kingdom, or within any County or Province thereof, during these Troubles, other than is before expressed, except such Jurisdiction or Government as is or shall be approved by the General Assembly, or the Supreme Council: And that every body quit the Possessions he hath wrongfully gotten; and, to avoid Debate, that all Estates continue as they were possessed for Three years' last passed, unless the Title be determined or redeemed; and that, to avoid all Distinction of Nation, any British Papist, that was so before this War, and will come and reside in Ireland, shall be privileged in a Third part of the Public Taxes: And that no Distinction or Comparison be made between Nations, Provinces, or Towns; and that all New Converts be esteemed as Catholic Natives; and that an Inn of Court be erected here; and that Cess, and Coin, and Livery, be punished: And no Soldiers shall be paid or relieved by the Country, but such as are in the Marshal's List; and none to be Billetted but by the Constable: And that Free-Schools be erected in every Province: And that the King's Revenue and the Enemy's Rents be collected and disposed of by the Provincial or Supreme Council, for His Majesty's Use and Service: And that Popish Impropriators may retain their Tithes till that Matter be settled in Parliament: And that there be Collectors of Public Money in every County: And that the Popish Wife of an Enemy shall have her Jointure, and sue and be sued, as if her Husband were naturally dead: ☞ And that the Possessions of the Protestant Clergy, in Right of the Church, shall be deemed the Possessions of the Catholic Clergy: And that no Man imprisoned by one Council, shall be enlarged by another: And that no Protection be given to the Enemy or their Servants, with-without special Order: That Merchants and their Ships be protected in their Importations; and that Commissioners be appointed in every Port, to view the Arms and Ammunition that shall be imported, and to certify the same to the Supreme Council: That Fugitive Soldiers be sent to their respective Commanders: That the Estates of Neuters and Enemies do first pay their Debts to any of the Confederates, before any of it be put into the Public Stock; and that no Soldier meddle with an Enemy's Lands or Goods without Order: And lastly, That the * Append. 14. Oath of Association be taken solemnly after Confession and the Sacrament in the Parish-Church, and the Names of all Persons of Rank and Quality that take the same to be enroled. The Assembly did also (25 October) order Proclamation to be made to invite all the Adherents of the English, of what Nation soever, to come from them over to the Confederates by the Last of November; and 27 October they ordered a Seal to be made; and 28 October they appointed a Committee to inquire how Money and Ammunition come from Foreign Parts hath been disposed of, and that Mr. Baron bring in Writing the Propositions and Messages from Foreign Parts, to him committed by the Pope's Nuncio and others; and 29 October they appoint Auditors of the Account of Moneys received, and what hath been made of Protestants Rents, Goods, or Chattels; and that the Enemy be not called Protestants or English, but the Puritanical or Malignant Party; and 30 October they order, That no Man be privileged from Contributing to the Maintenance of the Catholic Army. On the First of November they appointed the Lords of Castlehaven and Gormanstown, Doctor Fennell, Colonel Dermond O Bryan, Sir Lucas Dillon, Sir Phelim O Neal, Thomas Burk, Richard Martin, Feigh O Flin, Richard Beling, Adam Cusack, James mac Donell, Patrick Crelly, Rory Macguire, Patrick Darcy, and all the Lawyers, to prescribe a Form of Government: And 2 November they order Philip Hore to Account for 120 l. received of the Gentry of the County of Dublin to buy Arms: And 4 November, That the Prelates enjoin the Priests to administer the * Append. 14. Oath of Association to every Parishioner, and to take his Subscription thereunto: And 11 November, That the Supreme Council shall manage the Admiralty: And 13 November, That the next Assembly shall be on the Twentieth of May next, unless the Supreme Council find cause to convoke it sooner; and that Thirty thousand Pounds be levied on Leinster by Warrant from Mr. Nicholas Plunket. And on the Fourteenth of November they named their Supreme Council, viz. LEINSTER, Archbishop of Dublin jurat. Viscount Gormanstown jurat. Viscount Mountgarret jur. & resid. Nicholas Plunket jur. & resid. Richard Beling jur. & resident. James Cusack jur. & resid. CONAUGH, Archbishop of Tuam jur. Viscount Mayo. Bishop of Clonfert jur. & resid. Sir Lucas Dillon jur. Patrick Darcy jur. & resident. Jeofry Brown jur. & resident. MUNSTER, Viscount Roch jur. & resid. Sir Daniel O Bryan. Edmond Fitzmorris jur. Doctor Fennell jur. Robert Lambart jur. & resid. Geo. Comyn jur. ULSTER, Archbishop of Armagh jur. & resid. Bishop of Down jur. & resid. Philip O Reyly jur. & resid. Colonel Mac Mahon jur. Ever Macgenis jur. Tirlagh O Neal. They also appointed Provincial Councils, and ordered, That the Supreme Council may authorize One or more to solicit Aid of Foreign Princes, to advance this Common and Holy Cause, and may give them Instructions: And on the Fifteenth of November they appointed the Lord Mountgarret to be precedent, and Richard Shea to be Clerk of the Supreme Council: And that the Officers of the Army, calling to their Assistance one or more of each Province, should concert the Measures of carrying on the War: And that the Supreme Council shall send an Agent to the King, to inform Him of the Motives and Causes of this Holy War, and of the Grievances of the Kingdom. And they appoint Sir Richard Barmwall Muster-master General, and order Four thousand Pounds in Money to be new Coined. And on the Sixteenth of November they ordered 31700 Men to be raised in the following Counties, whereof 5300 Foot and 520 Horse were to go to the Army, and the rest to be for the Defence of the Country and the Garrisons, viz. Foot. Horse. Westmeath 3000 whereof for the Army 500 50 Meath 3000 500 50 Kildare 3000 500 50 Wexford 3000 500 50 Kings County 2800 500 30 Queens County 2400 400 40 Wickloe 2400 400 40 Dublin 2000 300 50 Kilkenny & City 3000 500 50 Louth 1700 300 20 Longford 3000 500 50 Catherlogh 2400 400 40 31700 5300 520 And on the Nineteenth of November they ordered, That the King's Revenue be duly gathered up, for the making a Common Stock for the Use of the Kingdom: And on the Twentieth they appointed the Lord Brittas, John Kelly, John Baggot, James Darcy, Maurice Fitzharris, and Maurice Baggot, a Committee to inquire after Protestants Goods and Lands in the County of Limerick: And on the 21th day, James Cusack (who before the Rebellion was one of the King's Council, and Clerk to the Commission of Grace) was appointed Attorney-General: And it was ordered, That Soldiers be Cessed on all Persons and Places that are refractory in paying their Quot● of the Contribution; and that every Burgess shall have Five shillings per diem, and every Knight of a Shire Ten shillings per diem, during the Assembly, and for Ten days before and after it; and that the Earl of Castlehaven devise an Order of Knighthood, concerning the Honour of St. Patrick and the Glory of the Kingdom. And so on the Ninth of January this Assembly was Dissolved, leaving the Government in the Hands of The Supreme Council, who, notwithstanding his Majesty's Proclamation of 1 January, 1641. under His own Signet, to the contrary, acted as a SEPARATE STATE; and contrary to their own Oath of Maintaining the King's Prerogative, and their Pretence of taking Arms for it, they usurped all the King's Prerogatives, even to that of Coining Money, and sending Ambassadors to Foreign Princes, and to the Granting of Letters of Mart and Reprisal●▪ whereof the Reader may see a Precedent, Burlace, pag. 97. And thus Matters ●ood in Ireland in the Year 1642. In the close of the last Year we left our small Army near Ross, 1643. which tho' Victorious was nevertheless in a sad Condition, being meanly ●●oatlied, in Fed and worse Paid; so that tho' the Lords Justices and Council did send a pressing Letter to the Lieutenant General to keep the Army abroad, because there was no Subsistence for them in Dublin; and the better to enable him thereunto, they sent him Six thousand Pound of Biscuit, and Ten Barrels of Powder, and the like quantity of Match and Musket Bullet; yet the Wants of the Army were so great in all manner of Necessaries, that it was impossible to keep the Field; and therefore they returned to Dublin. It is one of the most difficult things in the World, to keep an ill-paid Army in exact Discipline, for the Soldier that is denied his Due, will expect a Connivance upon any Extortion, that is less than Equivalent to his Pay; and from one Degree it passes to another, till it Centres in Licentiousness, and thus it happened in Dublin; the Officers at first winked at the little Rapines of the Soldiers, till at length they openly plundered the Markets, but this was the way to spoil all, and, by discouraging the Market Folks to starve themselves; therefore it was strictly prohibited by a severe Proclamation, and some Offenders were made Examples; whereupon many of the Officers of the Army on the Fourth of April 1643, presented the Government with a very bold and threatening Remonstrance, (quod vide Appendix 20.) which they say was another Cause of the ensuing Cessation. But General Preston having again besieged Ballynakill, Colonel Crawford on the Eleventh of April marched from Dublin with Thirteen hundred Foot, and One hundred and thirty Horse to raise that Siege, but he could not perform it; and so that place was surrendered. But I should have mentioned, that the Lords Justices and Council to prevent any Peace or Cessation with the Irish, did send His Majesty a most excellent Letter, of the Sixteenth of March 1642. recited at large here Appendix 4. which it seems was not well relished at Court; for not long after, Sir William Parsons (who was a great Promoter of that Letter) was removed, and thereupon accused of Treasonable misdemeanours, by Major Butler and Sir Francis Warren, but there being more of Malice than Truth in that Impeachment, it came to nothing; however, Sir JOHN BURLACE and Sir HENRY TICHBURNE, were Sworn Lords Justices on the Twelfth of May, and on the Twenty fifth of the same Month, the Pope sent over his Bull of Indulgence to the Confederates, which is to be found here Appendix 15, and was published by the Irish, even after the Cessation was concluded. But the Lords Justices and Council were tired in contriving ways to support the Soldiery, and at length they thought upon an Excise, and by their proclamation of the Twenty fourth day of June imposed it for Six Months, unless other relief for the Army should be sent in the mean time: This Excise was exceeding high, amounting to half the value of the Commodity, in lieu whereof the Retailer was permitted to advance his Price a Moiety more than it was before. The Protestants considered the necessity of this Tax, and patiently submitted to it; but the Papists made all the opposition they could, but in vain, for there was no other way left (and this itself was not sufficient) to prevent the mutiny and the ruin of the Army. All these things tended to draw on the Cessation, which the Marquis of Ormond by His Majesty's Letter of the Twenty third of April, was ordered to make with the Irish; and was by a Second Letter from His Majesty of the Third of May (brought to him by Mr. Brent) pressed to hasten, and by a Third Letter of the Second of July, and a Fourth of the Seventh of September, he was farther importuned in that Matter; nevertheless there was a Party in the Council, upon whom the Villainies of the Rebels had made so deep an Impression, that they could not endure to hear of any Treaty with the Confederates; and therefore, the Marquis of Ormond on the Twenty second of June made a Motion in Council, which is Entered in the Council-Book as followeth, viz. By the Lords Justices and Council. Jo. Borlace, Hen. Tichburne, THE Lord Marquis of Ormond this day moving at this Board, that if Ten thousand Pounds may be raised; whereof the one half to be in Money, and the other in Victuals, and to be brought in within a Fortnight, that his Lordship would in such Case proceed in the War, and immediately endeavour to take in Wexford, and forbear to proceed in the intended Treaty of Cessation of Arms with the Rebels; It was thought fit to call before Us, the Mayor of this City of Dublin, and others; who appearing, We had Conference with them at this Board concerning the same; and find that such is the Poverty of this Place and People, as that Sum of Money, or Proportion of Victual cannot be raised. Given at His Majesty's Castle of Dublin, 22d. June, 1643. La. Dublin, Roscommon, Edw. Brabazon, Char. Lambert, Adam Loftus, William Parsons, Thomas Lucas, Francis Willoughby, G. Wentworth. But whether they thought that Supplies would be sent from England, or that they were willing to struggle with any Extremities, rather than to have Correspondence with the Murderers of their Friends and Relations, and the Plunderers of themselves; it is certain, that Part of the Council still continued averse to the Cessation. Hereupon Sir Robert Meredith, Sir William Parsons, Sir John Temple, and Sir Adam Loftus were Committed to Prison by His Majesty's Order on the Second of July, and on their Petition they were refused to be Bailed, but they had the Liberty of the Castle with a Keeper. But on the 4th of July, the Lords Justices and Council received a smart Letter from the two Houses of Parliament in England, taxing them with Publishing; That their present Difficulties were occasioned by the Failures of the English Parliament; To which, they returned as Tart an Answer on the Twenty eighth of October importing, That they gave full frequent and seasonable Notice of all their Wants, from time to time, to the English Parliament; and therefore, did not know where else to lay the blame. In the mean time, there happened a pleasant Passage on the Eighth of July; at which time the Lords Justices and Council sent a Message in writing to the Confederates, Purporting that if the Rebels would release Captain Farrer, they would exchange Captain Synot for him; but the Confederates were so distasted at the word Rebels, that they sent back this Answer. We do not know to whom this Certificate is directed, and we will avow Ourselves in all Our Actions, Bur. 128. to be His Majesty's Loyal Subjects; neither shall it be safe henceforth for any Messenger, to bring any Paper to Us containing other Language, than such as Suits with Our Duty, and the Affections We bear to His Majesty's Service; wherein some may pretend, but none shall have more real Desires to farther His Majesty's interest, than His Majesty's Loyal and Obedient Subjects. Mountgarret, Muskery, Fr. Thom. Dublin. Malachias Tuamen, Castlehaven Audley, R. Bealing, Torlo O Neile, Patr. Darcy. And it is observable, Lords Justices Letter of 29. July, 4●. that Sir John Netervill being indicted of Treason Petitioned the King, setting forth, that his Witnesses were forced by the Rack to swear more than was true; and instances Cornelius Moran, and that his own Examination was mutilated of all Matters, that might excuse or lessen his Crime; but upon Search it appeared, that Cornelius Moran was not made use of, as an Evidence against him at all, and that the Clauses he mentioned to be expunged, were found uncancelled in his Examination. It seems, that the Treaty about the Cessation so influenced the Army, that it did little this Summer; only Colonel Monk on the 27th of June, issued out with a Party of Thirteen hundred Foot, and 140 Horse, and he had the good Fortune at a Pass on the Boyne near Castlejordan, to encounter Four thousand Irish Foot, and Six hundred Horse under General Preston, and to get the better of them; however, for want of Provisions he was fain to march to Wickloe, and was afterwards Commanded thence into Meath, to attend Owen Roe O Neal, whose Army was near Portlester, and there he joined the Lord Moor, who was Commander in chief of this Party; and tho' it did not come to a Battle, yet the valiant Lord Moor was unfortunately Slain by a Shot from a great Gun, not many days before the Cessation was concluded. Neither was there much done in the rest of the Provinces for the same Reason; but the little that was done, aught to be mentioned before we touch the Cessation, that so we may take that Treaty entire: And first, in Munster, the Lord of Insiquin divided his Army in the beginning of May, and himself marched westward, Battle of Killworth. whilst Sir CHARLES VAVASOR went Eastward, and took Mac Thomas' Castle, and other Castles in the County of Waterford; But on the Twenty seventh of May the Army (to the number of Four hundred Horse, and Four thousand Foot) rendevouzed at Bottivant; from whence Lieutenant Colonel Story with Two hundred Horse, and Twelve hundred Foot, was detached into Kerry, where they got a Considerable Prey, and also rescued some English; and on the Twenty eighth the Lord Insiquin with the rest of the Army marched to Killmallock, and ranged to and fro thereabouts; whilst on the Thirty first of May, Sir Charles Vavasor with another Detachment attacked the strong Castle of Cloghleagh, which he took on the Third of June; but on the Fourth of June by great negligence, and want of Conduct, he was well beaten, by the Earl of Castlehaven on the Plain, between Formoy and Killworth, and Six hundred English were there slain, and Sir Charles and others were taken Prisoners, which was a just Judgement upon them, for suffering some inferior Officers to violate the Quarter they had given to the Garrison of Cloghleagh; and by this Considerable Victory, the Rebels were so elevated, that they made a brisk Attempt upon Cappoquin; but were on the Twenty Seventh of June repulsed thence with Loss, and on the Second of July, the Earl of Castlehaven met with the same Fate at Lismore, and then marched towards Leinster. And on the First of July, Colonel Mine beat the Irish on the Plain, on the Northside of Tymoleague River, and soon after took the Castles of Tymoleague, Aghamilly and Rathbarry. But in Connaught the Protestant Affairs were in a worse Condition, for tho' they made a shift to repel the Incursions of Owen Roe, and at length to drive him out of that Province; yet in August the Fort of galway was surrendered to the Irish; whereupon the Rebels marched to the Siege of Castlecoot, to which, the Town of galway contributed Three hundred Pound; and altho' the Irish had Notice of a Cessation by a Messenger sent on purpose, yet they imprisoned him as a Spy, and shot the more furiously against the Castle, ☞ until at length, perceiving their Labour was in vain, they claimed the benefit of the Cessation to secure their retreat. And in Ulster I find no other Account, than what Monroe gives in his Letter of the Twenty third of May, viz. that with Two thousand Foot, and Three hundred Horse, he did beat Owen Roe and his Son, and Sir Phelim O Neal being joined together with their Forces, and compelled them to return to Charlemont, after quitting the General's House to be burnt and spoiled by them, with all the Houses in Loghgall, being the best Plantation in Ulster, and the straightest for defence of the Rebels; Peview 81. only that my Lord of Castlehaven says, that Colonel Mervin, and Sir Theophilus Jones, and the English had a hand in this Victory; and so we are come to the Treaty of the Cessation, which was managed in this manner. On the Twenty third of June, 1643. the Irish Commissioners, viz. the Lord Gormanstown, the Lord Muskery, Sir Lucas Dillon, Sir Robert Talbot Tirlogh O Neil, Geoffery Brown, Ever Macgenis, and John Walsh; presented themselves unto the Marquis of Ormond, in his Tent near Castlemartin, his Lordship sitting in his Chair covered, and they uncovered; his Lordship told them, He was come according to their Desires, and expected their Propositions in writing, and the next day they desired a sight of his Commission, alleging that they were ready to show theirs and give a Copy, and since no Body was named in the King's Commission, but his Lordship, and their Authority was likewise to treat with him only, they desired, The Negotiation might be kept secret, and concealed from all others till the matter be fully concluded. To which the Marquis replied, That for the way of proceeding, he was by his Majesty trusted therewith, and should do nothing therein, but what he conceived to be fit; then having received a Copy of their Commission, and sent them a Copy of His Majesty's Letter of the Third of May, 1643, and Promised them upon conclusion of the Treaty, a Copy of his Majesty's Letter of the Twenty third of April 1643; they tendered Propositions, and having agreed, that the time of the Cessation should be a Twelvemonth; the Marquis proposed that they would first declare, what they would contribute towards the support of His Majesty's Army during the Cessation, to which they Answer, That when they know, what they have to give, they assist His Majesty according to their utmost Abilities, as upon all occasions they have heretofore done. The next meeting was at Siggingstown, where on the Twenty eighth of June they declared, That the Cessation being first agreed upon, they will treat of Supply and not before; on the Twenty ninth the Marquis not admitting the Name or Title attributed by the Commissioners to their Party, nor the Protestation, That they took Arms in defence of their Religion, His Majesty's Rights and Prerogatives, and the Liberties of this Kingdom, and no ways to oppose His Majesty's Authority, gave an Answer in writing to their Proposals, and Tacked to it Four demands, viz. 1. For supply. 2. A Declaration how far the Quarters of each Party extended. 3. For Caution of Payment of such Supply, as they should Promise; And, 4. That all Castles, Towns, Forts, and Houses, that may be taken during the Treaty, should be restored on the Cessation. Hereupon the Treaty was adjourned, that the Commissioners might consult their Principals; and then, 12 July, from Kilkenny they answer, to the First, That 'tis not warranted by His Majesty's Letter; however, on the Conclusion of the Cessation they will do what is fit. To the Second, They agree to settle that Point. To the Third, That a Free Gift needs no Caution; and for performance of Articles, they will agree to an Equal Course at Meeting. And to the Fourth, if reduced to Particulars, they will answer it at the next Congress. On the Fifteenth of July, Ormond writes to them, That tho' their Answers are neither so particular nor so satisfactory as he expected, yet he designed to meet them; but that his necessary Attendance on other Business prevents it; which being over, they shall have timely notice of a Day of Meeting. To this, on the Nineteenth of July, the Irish Commissioners reply, That they are loath to give an ill Construction of this Delay, until they know of that Service that taketh place of This; but must take notice, that they meet in These, as in all other Proceed whereby they may have any expectation to enjoy the Benefit of His Majesty's Grace and Favour, some Interruption and Slackness in conveying any part of His Good Intentions to His Faithful Subjects the Catholics of Ireland; which they may add to their other Grievances, and will endeavour, in discharge of the many Harms which may ensue by reason of this Protraction, to have it rightly represented to His Majesty. To this smart Reply, Ormond, on the Twenty first of July, returned this Answer, That he was not accountable with the Knowledge of any of his Majesty's Services wherewith he had the Honour to be entrusted, to any but His Majesty: That nevertheless they were not ignorant of the Cause of that Interruption, since their General Preston with their Forces approached so near as Castle Carbery in the County of Kildare. But on the Fifth of August, the Lords Justices Borlace and Titchborn, together with the Marquis of Ormond, sent the Commissioners a Letter, importing, That they had received His Majesty's Letter, authorising Them to conclude a Cessation for a Year; and that pursuant to it, Ormond would meet the Commissioners at Sigginstown on the Seventeenth of August, and proceed where he left off. But afterwards, at the desire of the Confederates, Note, In the New Commission Lord Gormanstown was omitted, and Nicholas Plunket and Sir Richard Barnwall were added. (their Commissioners being dispersed) the Meeting was appointed the Twenty sixth of August; and then insisting upon the Title, Name, and Protestation aforesaid, they give a Reply in Writing to the Answers formerly given by the Marquis. On the Twenty eighth of August, Ormond answers that Reply; and the Twenty ninth of August, they answer that: And so after many alternate Messages and Expostulations, on the First of September they began to ascertain the respective Quarters; and the Irish Commissioners having on the Second of September proposed, That the Limitation of Quarters should relate to the Day of Concluding the Cessation, the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day, that they might be at the more leisure to manage the Treaty. To which they answer, (the same day) That the Lord Moor and Colonel Monk had invaded their Quarters, and Garrisoned some Undefencible Houses and Castles; and if those be restored, they are contented that both Armies may withdraw to their respective Garrisons. Ormond replies, That he will consent to withdraw both Armies; and as to the Restitution of Places, it shall be considered in the Settlement of the Quarters; and that many of those called Undefencible Places, tho' not thought worthy of a Garrison, yet were for a long time absolutely in his Power, and in the English Quarters, and some of them not far from the Gates of Dublin, and therefore not fit to be restored. On the Fifth of September they proceeded about limiting the respective Quarters; and on the Sixth of September, Ormond writes to them, That he heard their Forees besieged Tully, a Garrison Commanded by Sir George Wentworth, who was employed in procuring Necessary Provisions for him, and desires the Siege might be raised: But the Commissioners replied, That Monk went to Wicklow the Twenty sixth of August, and continues there ravaging and destroying the Country: That this very Garrison of Tully took away the Corn at Madingstown, and therefore they could not hinder a Reprisal; but if any of his Lordship's Provisions be intercepted, they shall be restored. On the Seventh of September, Ormond insisted on withdrawing their Forces from Tully, and thereupon they sent an Order to Castlehaven to draw off his Army, (knowing, I suppose, that he had taken the Castle) and proposed a Temporary Cessation to the Marquis. On the Eighth of September, Ormond proposes, That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters, to support them; and that where Goods were delivered in trust to any Irishman, they may be restored. On the Ninth, Quarters were settled, and the Preservation of Woods agreed upon; but for the Clergy and Proprietors nothing could be done, because the Cessation was Temporary, and Sufferings of that kind, they said, were reciprocal. On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare, unless it may be for the whole Province of Leinster; which Ormond would not consent to: Then they offered a Supply of Thirty thousand Pounds; but on the Eleventh the Marquis sent a Message to the Commissioners, to order the Earl of Castlehaven to forbear farther Acts of Hostility, since the Treaty was so near a Conclusion; which they did, and Ormond did the like to his Forces: But it seems Castlehaven, notwithstanding their public Orders, knew their private Meaning, and therefore marched farther off, to the Castle of Disert in the Queen's County, which he took after the Cessation was finished: But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholics of Ireland, and said, That they used it in their immediate Addresses to the King; but Ormond replied, That he held it not proper at that time to be used to him. On the Thirteenth they agreed, That the Quarters should relate to the Day of the concluding the Cessation; but the Marquis insisted, That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing; and therefore required the Restitution of what they had taken in the County of Kildare since the last of August: But on the Fourteenth of September this was refused, on pretence that the English had encroached upon them in the same County, by Garisoning undefensible Places; but they offered the fourth Sheaf of Tully, and all such Places so subdued, or 800 l. in lieu of it. The Marquis then proposed to have the Cessation declared as from that time, since all was agreed; but the Commissioners said, the Articles might be perfected by next day Noon, and till then the Cessation could not be said to be made. And so on the Fifteenth day of September the Cessation was concluded, and the Articles and Instrument mentioned Appendix 16. were perfected, and a Proclamation by the Lords Justices and Council, for the Observation thereof, issued accordingly, bearing date at Dublin, the Nineteenth day of September, 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom, to give Obedience thereunto. But before the Marquis of Ormond would finish this Treaty, he consulted all the Great Men and the Chief Commanders then with him, who gave their Opinions as in the following Instrument is contained. WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board, to assist his Lordship in the present Treaty, as of other Persons of Honour and Command, that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship: They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England, though the same was often pressed and importuned by His most Gracious Majesty, who hath left nothing unattempted which might conduce to their Support and Maintenance, and unto what common Misery not only the Officers and Soldiers, but others also, His Majesty's good Subjects within this Kingdom, are reduced; And further considering, how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress, and the imminent Danger the Kingdom is like to fall into; And finding no possibility of prosecuting this War without large Supplies, whereof they can apprehend no hope nor possibility in due time: They far these Causes do conceive it necessary for His Majesty's Honour and Service, That the said Lord Marquis assent to a Cessation of Arms for one whole Year, on the Articles and Conditions this day drawn up, and to be perfected, by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland. Witness our Hands, the Fifteenth day of September, 1643. clanrickard's & St. Alban, Roscomon, Richard Dungarvan, Edward Brabazon, Inchiquin, Thomas Lucas, James Ware, Michael Ernly, Foulk Hunks, John Pawlet, Maurice Eustace, Edward Povey, John Gifford, Philip Persival, Richard Gibson, Henry Warren, Alanus Cook Advocatus Regis. But the News of this Cessation met with different Entertainment, according to the Interests and Inclinations of those it was carried to. At the Court of England it was received with Joy, and Ormond's Conduct and Fidelity magnified beyond measure: It was admired, that he could preserve His Majesty's Grandeur throughout the whole Treaty, by not admitting the Title nor Protestation of the Confederates; his Prudence and Integrity, in continuing the Irish Parliament, were highly commended: But that he should be able to get a greater Sum of Money from a beggarly Enemy, than the Parliament of England had sent over at any one time till then, could never be sufficiently applauded; and to this effect Secretary Nicholas writes in his Letter of the Ninth of October, and adds, That it is believed there, that the Irish will not observe the Cessation; and therefore advises his Excellency to be upon his Guard; and to take care the King's good Subjects do not suffer by their violation of it; and that the young Lord Moor, pursuant to Ormond ' s Recommendation, hath all his Father's Offices granted unto him. But the Parliament of England had different Sentiments of this Cessation; they inveighed against it, as destructive to the dispossessed Protestants of Ireland, who were kept out of Possession by it another Year at least: They said, it was a Discouragement to the Adventurers, whose Satisfaction was likewise delayed hereby; They said, it gave an opportunity to the Rebels to recruit their Forces, and to supply all their Wants: But that which troubled them most, was, that they perceived the King designed to draw some of the Protestant Forces, and hoped for some of the Popish Army from Ireland, to assist Him against the Parliament. In short, they were enraged to that degree, that they Voted to Impeach the Marquis of Ormond as a Traitor against the Three Kingdoms, and to disable him of his Lieutenancy, and of all Command in Ireland; and they also made a formal Declaration against the Cessation, which is inserted at large here, Appendix 18. In answer to which, the King published The Grounds and Motives of the Cessation; which in effect were, That the English Army in Ireland could no longer subsist without Supplies, and that the Parliament took no care to send any; but, on the contrary, the Earl of Warwick intercepted those that His Majesty sent; and that the Parliament endeavoured to draw the Scotch Army out of Ireland into England: So that, in fine, there was an absolute Necessity of this Cessation, as preparatory to a Peace; which, nevertheless, he will never admit, unless it be such a Peace as may be agreeable to Conscience, Honour, and Justice. But all this did not satisfy those that were perishing for want of their Estates and Properties, which the Rebels possessed; and were yet farther enraged by the fresh Insolences and Violences daily committed by the Confederates; so that their Sufferings deprived them of that Moderation, which at another time would have considered the Distresses of the Crown, the Necessities of the Army, and the other powerful Motives to this Temporary Agreement. In like manner, the Estates of Scotland declared against the Cessation, and the Adventurers at London petitioned against it; and even some of the Cavaliers were so dissatisfied at this unfortunate Truce, that many of the Earl of Newcastles Army laid down their Arms, and the Earl of Holland withdrew from Oxford, Whitlock's Memoirs. affirming, That after he had heard of the Cessation, his Conscience would not give him leave to stay any longer there: And some others of Quality afterwards followed his Example. And indeed it appeared by the Sequel, that the Cessation was a mere Plot of the Confederates, to ruin those by Treaty, whom they could not destroy by the War: Not that it would have proved so, if it had been honestly performed, according to their Stipulations and Pretences; but that by a thousand Tricks and Subtleties they contravened every Point of it; and besides the opportunity of reinforcing and furnishing themselves, (which no body blames them for) they left nothing undone that could tend to the Ruin of the English: For whereas before the Cessation the Army lived mostly upon what they forced from the Enemy, that Course being stopped by the Truce, there was no way left to support them but the 30800 l. promised by those Articles, and which was depended upon for that purpose; but most part of that Money was delivered in by such Driblets, and so very long after it was due, that it did little Service to those that were to receive it. But that was not the worst; for the Rebels made use of another Stratagem which no body could suspect, and that was a Prohibition to all their Party not to sell Provisions to the English, even for ready Money. There was no Defence against this Flail; and therefore many Places were deserted by the Warders, who were starved out of them by this Contrivance: Carlo, Athy, Leix, Trim, Dundalk, and Naas, suffered much in this Particular; but it was worse with the Garrisons in Conaught, as appears by their Declaration of Grievances sent to the Lord Lieutenant, wherein they affirm a Conspiracy amongst the Irish to starve them, and that the Irish County Councils had issued out Warrants to seize the Goods and Estates of such Confederates as should buy or sell, or use any Traffic with the English, as appears Appendix 19 They also committed many secret, and some public, Murders, Peter St. George was so served at the Castle of Letrim, where William St. George was likewise mortally wounded; and it is reported (but how truly, I cannot say) of a malicious Jesuit that sheltered himself at Kinnegad, well known thereabouts by the name of Father Roe, that he committed many Murders even in the Highway; but this is more certain, that the English were fain to pay Toll or Tribute for passage through the Irish Quarters in many places, and that particularly at St. Johnston's Bridge great Sums of Money were extorted upon that score. Moreover, they had, by cunning and secret Intrusions into deserted Castles and old Houses, two or three days before the Cessation, gotten Possession of much more Land than did belong to them, or than they could have kept in time of War; nevertheless, this Possession, though obtained by Fraud or Violence, was detained by them under the umbrage of that Treaty. They had also another Liberty by these Articles, viz. To declare in whose Quarters they would choose to be; and by this fetch, whole Baronies were lost, and particularly the Baronies of Barrymore and Imokilly, situate between Cork and Youghall, and which had been always in the English Quarters, and under the Protection of those Garrisons, did, a day or two before the Cessation, declare themselves to be in the Irish Quarters, and so were privileged even to the Gates of Cork and Youghall, from Contribution to those Garrisons, until the beginning of the year 1645. But besides the Breaches of the Cessation in Conaught, contained in their Declaration of Grievances, and the Complaints of Munster, mentioned hereafter Appendix 17, there were several other Violations of those Articles; as, 1. That the Earl of Castlehaven, after he had notice of the Cessation, did nevertheless batter the Castle of Desert in the Queen's County, and when he had taken and plundered it, he shown them the Articles of the Cessation, pretending that they were just then come to hand, and that he was sorry they did not come sooner. 2. By the like Action in continuing the Siege of Castle Coot, after notice of the Cessation as aforesaid. 3. By Publishing the Pope's Bull after the Cessation, which was an Encouragement to the Rebels to persist in their Rebellion, and did seduce others of the Papists that were not then engaged in it. 4. By taking 369 Head of cattle from the Suburbs of Dublin on the 18th of September. 5. By seizing on the Black Castle of Wicklow, and murdering the Protestants there. And, 6. In not sending any form Troops or Regiments to the King's Assistance, as they promised to do. And lastly, In not paying the 30800 l. according to Agreement. But if we are curious to know what was done in England, in reference to the Affairs of Ireland, we may find, That on the 5th of May Sir Robert King, Mr. Jepson, and Mr. Hill, waited on His Majesty with a Bill, For a speedy Payment of Moneys subscribed towards the Reducing the Rebels in Ireland, Husbands, 2. Part. 161. which yet remains unpaid, which they prayed Him to pass into an Act; but His Majesty desired first to be satisfied, how the rest of that Money was disposed of, and how he should be secured, that what is yet unreceived shall not be misemployed; and whether it be fit to compel voluntary Subscribers by a greater Penalty than was at first made known to them, viz. The loss of what they have already paid; and whether the Power given by this new Bill to Warner Towse and Andrews, (whose Integrity he has no assurance of) be not too great; and whether Purchasers and Creditors may not be prejudiced by the Extents mentioned in this new Act. And on the 16th of June both Houses issued a Declaration, purporting, That the Kingdom of Ireland is in a sad condition, but that the Papists are in as much want as the Protestants;. and therefore, if the later were well supplied; the former would be easily subdued; that their Ambition to be independent from England, and their inveterate Hatred against the Protestant Religion, Ibid. 217. have been the causes of their Barbarousness to the English; that they have been assisted by the Catholics of other Countries: And can it be, (say they) that God's Enemies should be more violent and indefatigable for restoring Idolatry in a Kingdom foreign to theirs, than we zealous in propugning God's Truth in our own, against Barbarous Traitors and Monstrous Idolaters? Shall the common Incendiaries of both Kingdoms strip themselves of all they have to accomplish our Destruction, by devouring that rich and fruitful Island? And shall the good People of this Nation, of the same Blood and Religion with them, think any thing too dear to redeem them, seeing thereby we secure ourselves, by preventing the Rebels from coming hither? We will therefore, even in this distracted time, assess 200000 l. on the Kingdom of England to be paid in two Years, which will give credit for the present Relief of the Starving condition of Ireland, and shall be reprized to the several Counties in the nature of the Adventurers for Land in Ireland: Therefore we cannot doubt of cheerful Submission hereunto, since we cannot expect, that God should bless us, if we be wanting to our distressed Brethren, and indeed to ourselves, for the malice of the Rebels is such, that if they can root us out of that Kingdom, they will not despair of extirpating us out of this; and therefore we recommend all well-affected persons to a liberal Contribution to such a pious and commendable Work. And on the 14th of July they issued another Declaration, Ibid. 233. for the farther encouragement of Adventurers. And on the 25th of July the Parliament published their long Declaration, which deduces the Affairs of Ireland historically from the beginning of the King's Reign, and concludes, that the Irish Rebellion was projected and incited by those Councils then prevalent with the King, and that the Queen and her Priests, and the Papists of all the three Kingdoms, have been principal Actors and Sticklers therein. And on the 5th of September they made an Ordinance, That no man▪ upon pain of losing his Ship, do transport any Person out of Ireland into England, without licence, etc. And on the 18th, they made an Ordinance, for a Collection for the Clergy of Ireland; and on the 18th of October, they made a Weekly Assessment for the Support of such Forces in Ireland as oppose the Cessation; and on the 24th, they order, That no Irish man, or Papist born in Ireland, shall have Quarter in England▪ and in November, they ordered, That the Solemn League and Covenant should be taken in Ireland. But the Cessation being confirmed by Patent under the Great Seal, the Lieutenant General, pursuant to His Majesty's repeated Orders, was busy in sending Forces to the King's Assistance in England and because the Soldiers were generally very unwilling to fight against their own Country men; whilst the Irish Rebels would insult over their distressed Companions and Relations that should be left behind there was an▪ Oath of Fidelity contrived, S●e it, Burlace 133. which every one of them were forced to take, and several Penal Edicts were published against those who should desert or return, and so in January the Regiments of Sir Michael Ernly, Sir Richard Fleetwood, Colonel Monk, Colonel Gibson, Colonel Warren, etc. were sent from Leinster, as Sir William Saintleger and Colonel Mine were from Munster; and though most of the former met with their Destiny at Nantwich, and the later at the Siege of Gloucester, yet the arrival of these, and other Forces out of Ireland, did influence the Parliament to consent to the Treaty at Uxbridge, which nevertheless did not produce that happy effect which all good men desired. And little more than this was done in Ireland, except Contests about setting out of Quarters, and other Executions of the Articles of Cessation, (which shall be mentioned in each Province apart,) and the Preparations for the Treaty at Oxford, (which shall also be taken notice of in our account of that matter,) until the 21th day of January, at which time, JAMES Marquis of ORMOND was sworn Lord-Lieutenant at Christchurch in Dublin, and took the following Oath: Viz. You shall swear, That you shall faithfully and truly, to your power, serve our Sovereign Lord the King's Majesty, in the Room and Authority of Lord Lieutenant and Chief Governor of this His Realm of Ireland; you shall maintain and defend the Laws of God, and the Christian Faith; you shall, to your power, not only keep His Majesty's Peace amongst His People, but also maintain His Officers and Ministers in the Execution and Administration of Justice; you shall defend His Majesty's Castles, Garrisons, Dominions, People and Subjects, of this Realm, and repress His Rebels and Enemies; you shall not consent to the Damage and Disherison of His Majesty, His Heirs, nor Successors; neither shall you suffer the Right of the Crown to be destroyed by any way, but shall Let it to your power, and if you cannot Let the same, you shall certify His Majesty clearly and expressly thereof; you shall give your true and faithful Council for the King's Majesty's Profit, and his Highness' Council you shall conceal and keep. All other things for the Preservation of His Majesty's Realm of Ireland, the Peace amongst His People, and Execution of His Justice, according to His Majesty's Laws, Usages and Customs, of His Highness' Realm, you shall perform and do to your power: So God you help, and by the Contents of this Book. The Lord Lieutenant did immediately set himself to reform the Army, and reduced his own Troop to 40, and Lucas and Armstrong's Troops to 30 each, and the other two Troops to 25 each, so that he had in all but 150 Horse and 2000 Foot; and to maintain these, he was forced to revive the Excise, and to lay a Tax of 3d. per Acre throughout that part of the Pale under his power, and to seize on some Debts and Tobacco belonging to the Londoners, and on the 16th of March he issued a Proclamation to prohibit Outrages and Robberies on pain of Death. And thus Matters stood in Ireland at the end of the Year 1643. Nor can we open the following Year with a better Scene than a Session of Parliament, 1644. which was held at Dublin on the 17th of April, and the very next day the Speakers of both Houses issued Letters to the Officers of the Army, strictly prohibiting them from taking the Solemn League and Covenant, and in those Letters they took notice of the Lords Justices and Councils Proclamations of the 18th of December 1643, to the same effect. And on the 20th of May the Government issued a Proclamation to free from Customs and Impositions for 6 Months all Goods and Commodities that shall be imported for the Relief of the Army into Dublin, Drogheda, Carlingford, Dundalk, Cork, Youghall or Kinsale. But we must leave Ireland for a while, and adjourn to Oxford, which was the Theatre on which the Affairs of that Kingdom were for the present transacted and therefore, the Negotiations there shall be handled together, and they happened in this manner. The Cessation being made as hath been already related, the Confederates chose the Lord Viscount Muskery, Sir Robert Talbot, Dermond mac Teig O Brian, etc. As their Agents to solicit the King in England about the Terms of a Peace, and the Lords Justices did likewise, as from the Council-Board, send Sir William Stuart, Sir Gerard Lowther, Sir Philip Percival, 1643. and Justice Donelan; to whom Sir George Ratcliff, and Sir William Sambach being then at London were added: But the Protestants not knowing of this last, or not thinking that these Agents would effectually insist upon Their Sense of Affairs, or were prepared to prove their Grievances: Did on the Sixth of October meet at the Earl of Kildare's House, and agreed upon a Petition, which they preferred to the Lords Justices and Councils, desiring leave for their Agents to repair to the King, and that the Irish Agents might not be heard till they should arrive, and that Care might be taken to continue the present Parliament, which by Change of one of the Lord Justices was in Danger of being dissolved; To which, on the Twelfth of October they received a favourable Answer, That they, the Lords Justices had taken care to send Protestant Agents to the King, to assist in the Treaty; and that nevertheless they would transmit a Copy of the Petitioners request to His Majesty, and if His Majesty would Licence their Departure, they would not hinder it: But the Protestants knowing, that even of late time, Agents had gone to the King without such special Licence from His Majesty, they did on the Fourthteenth of October proceed to the Choice of Four Persons fit to be employed, and prepared a Petition to the King; and then Petitioned the Lords Justices and Council, To transmit that Address to His Majesty, and to Licence their Agents to repair unto him to England; and on the 19th the Lords Justices answered, That they had signified their former Petition to his Majesty, and had importuned Secretary Nicholas for a speedy Answer, which the Petitioners ought to expect, and that in the mean time they would not hinder the Agents from going when they pleased, but could not recommend them to the King until His Majesty's Pleasure were known. The Lord Chancellor Bolton took an Exception to the Copy of the Petition, that it was not signed as the Original was; which Nicety was soon answered, by transcribing the Names of the Subscribers; but the Earl of Roscomon, Sir James Ware, and one other who had signed the first Petition went farther, and entered the following Protestation concerning it. The Sense of divers of his Majesties Protestants Subjects, who have Signed to the late Petition directed to His Majesty. SUffering under the Misconstruction of Our Petition, We hold it fit to declare, that We exhibited not the same through want of Assurance of His Majesty's Care of the Protestant Religion, and of his Subjects; nor yet to divert any Supplies, that may be drawn from hence against such, as in his Kingdom of England have taken up Arms against him, but merely in Right to God's Cause, and in Our Right, humbly to inform His Majesty, when the Irish Agents repair unto him, if the said Agents shall endeavour to surprise or prejudice Us in either, this is the Commission We give; and if any Person or Persons employed by Us, shall go further, or otherwise busy themselves to the disturbance of His Majesty's Service, against such We do and shall protest, as being in Our Intentions no Parties thereunto; which as it may serve to vindicate our Faith to His most sacred Majesty, so it may show, how Causeless the Jealousies are of this Address to him. And thus it stood till January, when His Majesty's Letter of the Sixth of November arrived, and thereby Licence was granted to the Petitioners to send their Four Agents; whereupon the Petitioners chose Sir Charles Coot, and Captain William Parsons to be added to the Four they had pitched upon before, and presented their Names to the Lord Lieutenant; and on the Seventeenth day of February following, the Commons of the Irish Parliament approved of what the Petitioners had done, and declared their Concurrence therewith; whereupon the Petitioners moved the Lord Lieutenant and Council for a recommendation to His Majesty, both of their Cause and Agents, and (being demanded) they produced their Instructions, which were rectified as is mentioned Appendix 22. and then they were informed, that it would gain them favour with the King, if they carried over their Companies with them, except Sir Charles coot which was in Conaught, but Captain Parsons his Troop chose rather to be disbanded, then to go over to Fight against their Countrymen, but Captain Ridgway's and Sir Francis Hamiltons' Companies were Transported under their respective Lieutenants, tho' very unwillingly; whereupon Major Jones one of the Agents declined the Voyage, rather than remove his Company, and so His Majesty's Letter of the Twenty seventh of February, arriving on the Twenty ninth of March; whereby Sir Charles Coot, 1644. and Captain Parsons were Licenced to attend His Majesty with the rest of the Agents, they had Sealed Letters (of Recommendation) to Secretary Nicholas, and took Ship the Second of April, and came to Oxford the Seventh, and on the Eighth kissed the King's hand and presented their Petition (which is to be found at large, Burlace Appendix pag. 62.) setting forth, That the Irish Rebellion was raised out of Detestation to his Blessed Government, and for rooting out the Protestant Religion, and for dispossessing His Majesty of that Kingdom, without the least occasion given by His Majesty, or his Protestant Subjects, etc. upon reading whereof the King was pleased to say, THAT HE KNEW THE CONTENTS OF THE PETITION WAS TRUTH, AND THAT IT COULD NOT BE DENIED; and thereupon it was thus endorsed, His Majesty being very sensible of the Petitioners Losses and Sufferings, is ready to hear relieve them, AS THE EXIGENCY OF HIS AFFAIRS WILL PERMIT, and wisheth the Petitioners to propose what they think fit, in particular for His Majesty's information, and the Petitioners remedy and future Security. The King also told them, That the Irish protested upon their Salvations to him, that at first the Conspiracy was not General, but that those of the Pale were forced into Rebellion by the Governors of Ireland, and that if the Parliament had permitted him to go into Ireland when he desired, he doubted not, but he should soon have suppressed the Rebellion. But the Agents to leave nothing undone that might justly advance their Cause, did take Notice of the false and Scandalous Remonstrance of the Confederates from Trim, (as they called it) which being Printed by Thomas Burk the Irish Printer at Waterford, with His Majesty's Arms affixed thereon; was now with Ostentation and Insolence published at Oxford; and they made so smart an Answer thereunto, as was beyond Reply; both which (Remonstrance and Answer) are in Substance recited, Appendix 5. and 6. they also, together with that Answer, 27 April, 1644. presented unto the King the Proposals mentioned Appendix 21. These Writings were referred by the King to the Committee for Irish Affairs, some of which were so disaffected to the Protestants of Ireland, that they said, The Proposals were drawn by the Close Committee at London; and they wondered His Majesty would receive such a Mutinous Petition. But the Petitioners were Men of Courage, and would not be easily daunted; 30 April. they went next day to the Lord Cottington, Chief of the Committee, and prayed a Copy of the Irish Proposals: He made strange of it, as if he knew no such thing, and told them, That they meant the Irish Remonstrance. They replied, That was in Print, and common, and they did not mean It, but they meant the Irish Propositions. His Lordship told them, If any such were, it was ●it they should have a Copy; but that he knew of no such thing, (altho' he really was present at the Committee April 19 when those propositions were read, and by him and the rest, with Charge of inviolable Secrecy, given to Sir William Stewart, and the other Commissioners from the Council▪) Hereupon the Agents addressed themselves to Sir William Stewart, and the other Commissioners from the Council of Ireland, desiring them to get them Audience from the King before Matters went too far in the Treaty, and to obtain a Copy of the Irish Demands: To which the next day Sir George Ratcliff returned answer, That they had acquainted the Lords of the Committee with the Desires of the Agents▪ and that they were offended that the Agents should be so forward in prejudicating His Majesty's Justice and Theirs, and that they should be heard before the Conclusion of the Treaty. The next day, being the First of May, the Agents were sent for to the Committee; and their Instructions and Proposals, and the Order of Concurrence of the Irish House of Commons being read, the Earl of Bristol told them, That the King and the Committee were sensible of the prejudicated Opinion the Agents had of their Justice, in pressing to be heard, and by their belief of vulgar Reports; but that the Agents could not be more careful of the Protestants Persons and Religion than they were. The Agents replied, That if they had erred in pressing to be heard, it proceeded from their Zeal to the Service, and for the Preservation of that Remnant of poor Protestants that entrusted them, and out of a desire His Majesty and their Lordships might be rightly informed of their past Sufferings and present Calamities; and desired to be admitted to Proof of Particulars. Hereupon they were ordered to withdraw; and being afterwards called in again, they were commanded to subscribe their Propositions, which they did, and then were ordered to attend the Primate Usher, the Bishop of Down, Sir George Ratcliff, etc. in the Afternoon; which they did, and were told by them, how offensive the Height and Unreasonableness of their Proposals were, and that the Committee sent them the Message mentioned Appendix 21, to which they immediately returned the Answer there likewise recited. Hereupon Sir George Ratcliff told them, That whilst they continued so high in their Demands, they must expect nothing but War. They answered, They were ill provided for it, but would rather run the hazard of it, than have a dishonourable and destructive Peace; and that they could not make farther Alterations in their Proposals, without betraying their Trust. Sir George replied, That if they would abate Three parts of them, he was sure the Fourth part would not be granted them: That they were sent to preserve the Protestants; but that if the Irish Agents returned without a Peace, they would destroy the Remainder of the Protestants, since the King was not in a Condition to help them; and therefore desired the Agents to think of some way of securing them. They answered, That there were Five Months of the Cessation unexpired, within which Time, Means of Relief may be found; and if not, it were better to quit Ireland for a time, than to make a destructive Peace. Then Sir George asked, How the English should get out of Ireland? They said, By keeping the Irish Agents in England till it is done. He replied, That he would rather advise the King to lose Ireland, than break His Faith with the Irish Agents, who came to Treat with Him upon His Word; and that it was not likely, if the Irish had not good Conditions of Peace, that they would forbear Arms till the end of the Cessation. On the next day the Agents gave Secretary Nicholas a new Set of Propositions, (to the same effect with the former, only a little more moderate) to be presented to the King. But on the Seventh of May, Sir William Saintleger being come to Oxford, told the Lord George Digby, That the Protestant Forces that came from Munster were much dissatisfied that the Protestant Agents from Ireland received so little Countenance. His Lordship answered, That the greatest Kindness he could do them, was to call them Madmen, that he might not call them Roundheads, for putting in such mad Proposals. And he desired to speak with some of them; but they refused to come to one that had expressed so much Prejudice against them. On the Ninth of May these Agents were ordered to attend the King and Council, which they did; and His Majesty told them, They were sent by His Protestant Subjects to move Him in their behalf; and desired to know in what Condition the Protestants of Ireland were to defend themselves, if a Peace should not ensue. They answered, That they humbly conceived, they were employed first to prove their Petition, and to disprove the scandalous Aspersions which the Rebels have cast upon His Majesty's Government, and the Protestants of Ireland. The King replied, That it needed not any more than to prove the Sun shines, when we all see it. They answered, That they thought His Majesty was not satisfied, but that those of the Pale were forced into Rebellion by the Governors. The King said, That was but an Assertion of the Irish; and then He renewed His former Question about their Condition to resist if a Peace did not ensue. The Agents desired time to answer; but the King told them, He thought they came prepared to declare the Condition of the whole Kingdom; and asked them, Would they have Peace, or no? The Agents answered, They were bred up in Peace, and were not against it, so that it might stand with His Majesty's Honour, and the Safety of His Protestant Subjects in their Religion, Lives, Liberties, and Fortunes. Then the Lord Digby interposed, and said, That the Agents desired a Peace. Yes, says the Duke of Richmond, and Earl of Lindsey, provided it consists with the King's Honour, and the Protestants Safety. And I would rather (says the King) that they should have their Throats cut in War, than SUFFER by a Peace of my making; but I will take Care the Protestants of Ireland shall be secured. And then His Majesty told the Agents, they should have a Copy of the Irish Proposals, and Liberty to answer them; but that they were to consider of Two things: First, That He was not in a Condition to relieve them with Men, Money, Ammunition, Arms, or Victuals: And, Secondly, That He could not allow them to join with the New Scots, or any others that had taken the Covenant. The Protestant Agents having got a Copy of the Irish Propositions, did on the Thirteenth of May present to His Majesty a full Answer to them, recited at large Appendix 23. This Answer being read, the King asked, Whether they had answered according to Law and Justice, or prudentially with respect to Circumstances? The Agents replied, That they looked upon the Rebels Propositions (as they appeared to them) destructive to His Majesty, His Laws, and Government, and His Protestant Subjects of Ireland. Whereupon the Earl of Bristol interposed, and said, That if they asked what in Law and Justice was due from the Rebels, their Answer was full; but that the King expected from them what was prudentially fit to be done; seeing the Protestants are not in a Condition to defend themselves, and the King will not admit them to join with any Covenanters. The King also asked, What would become of the Protestants, if the Irish Agents should break off the Treaty; which 'tis feared they will do, if their Propositions for the most part are not yielded unto? To which the Agents replied, That the Rebels might be brought to better Terms, if they were held to it; and that they were assured the Lord Muskery refused to come with limited Instructions, but would be at liberty to do as he should see cause. Whereupon they were ordered to withdraw. But the Protestant Agents hearing that Sir Robert Talbot and Dermond mac Teig O Bryan had left Oxford the Twelfth of May, and that the Lord Muskery and the rest departed thence the 22th, addressed themselves to Secretary Nicholas, to know if His Majesty had further Service for them; and thereupon, on the Thirtieth of May they kissed the King's Hand, and were told by His Majesty, That he had written to the Marquis of Ormond concerning the Protestants of Ireland, and that He would use His best Endeavours for them there, as He did for Himself here; and said, He meant His good Protestant Subjects, and not Covenanters or their Adherents. And thus, Reader, you have the Secret of this Great Transaction, whereby you will perceive, That the Irish Agents, filled with the Contemplation of their own Power, and the evil Circumstances of His Majesty's Affairs, thought that the King would purchase their Assistance at any Rate; and therefore insisted upon such exorbitant and unreasonable Demands as would have subverted the Laws and Constitution of the Government, and would have rendered the Protestant Religion at most but Tolerated, and that itself but poorly and precariously. On the other side, the English Agents did not fail to chastise this Vanity, and to mortify the Confederates with a Scorn and Contempt both of their Conduct and Courage: They represented to the King, That the Rebels got more by the Cessation, than they could do by the War. In fine, they pressed the Execution of the Laws, and demanded Reparation for Damages sustained during the Rebellion, and desired that the Irish might be disarmed, and reduced to a Condition of not Rebelling any more. The Commissioners from the Council would gladly have moderated these matters, but they found, there was no trust to be reposed in the Confederates, and▪ the Irish would not agree to any other terms than what continued the Power in their own hands; so that the English should have no other security of their future Tranquillity, but the Honour and Promise of the Rebels. It was very difficult to reconcile these Jarring and Differing Interests, and indeed impossible to do it in England, and therefore the Irish Agents (who were men of Parts and Address) having cunningly insinuated to the King, That they believed that their Principals, when truly informed of His Majesty's circumstances, would comply with them so far, as to moderate their Demands to what His Majesty might conveniently grant, and promised they would solicit them effectually to that purpose, prevailed with His Majesty to send over a Commission under the Great Seal of England to the Lord Lieutenant, to make Peace with his Catholic Subjects, upon Conditions agreeable to the Public Good and Welfare, that might produce such a Peace and Union in Ireland, as might vindicate his Royal Authority there, and suppress those in Arms against him in England and Scotland; and he also sent Instructions to continue the Cessation for another Year. This Commission came to the Lord Lieutenant on the 26th of July, but in regard the Confederates chose a Clergyman (I suppose the Bishop of Fernes) to be one of their Commissioners, which Ormond would by no means admit of, the Disputes about this and other Preliminaries delayed the Treaty until the 6th of September, at which time the Lord Chancellor (who was Chief of the Commissioners for the King) averred before the Confederate Commissioners, That to that day no body had lost one drop of Blood upon the Statute of 2. Eliz. c. 1. which nevertheless was so much complained against; however the Confederates (notwithstanding the fair Promises their Agents had made at Oxford) insisted stiffly on the Repeal of part of that Statute, and on several unreasonable Demands; whereupon the Treaty was adjourned, until the King's Pleasure should be known, in the Particulars wherewith Ormond had acquainted him. Hereupon the King (who had promised Archbishop Usher at Oxford, Bishop usher's Life, 64. That he would not give Toleration to the Papists) writes back to Ormond, That he approves his Answers to the Rebels Proposals, Febr. 16. 1644. and orders him to insist on them; but if the Irish will not be persuaded to Moderation, then rather to yield to Terms, (remitting much of what his Dignity and Interest would insist on at other Times and Circumstances) than enter into a new War; however not to consent to a Repeal of poinding's Act, unless in case of absolute necessity, and by no means to admit of the Repeal of the Penal Laws against Recusants, because that might endanger his Protestant Subjects, for whose Preservation he makes the Peace, since he is not able to carry on the War. And about the same time His Majesty sent Orders to pass Pardons to all his Councillors and Servants, Toties quoties, as the Lord Lieutenant and Council shall think fit, and to make the Lord Chancellor Baron of Bolton, to him and his Heirs Males, and that the Lord Lieutenant should make any two Lords he thought fit to be Earls, and so the year 1644, was closed with an Adjournment of the Treaty of Peace to the 10th of May following. But it is necessary to inspect the condition of the other Provinces, and how they were managed since the Cessation; and first let us cast our Eye on Munster, which we shall find discontented at the Cessation, but much more troubled at the many and daily Infractions of it by the Confederates, whereof the Reader may find some Instances in the Lord of Insiquin's Complaint to the State hereafter mentioned in Appendix 17; and many more might be she 〈…〉 ●f it were needful. Moreover the Protestants were daily alarmed wi●●●ots and Contrivances against them, but with none more than with a Conspiracy of Friar Mathews, Lord Orrery M. S. and some others, to betray the City of Cork into the hands of the Confederates, for which, some of the Conspirators were Executed, one of which confessed the Design; whereupon the English were dissatisfied to the highest degree, and importunately urged the Lord of Insiquin to disclaim the Cessation, which was a Snare to them, and exposed them to the Plots and Insolences of the Rebels, whilst themselves were fettered by it from taking Revenge; and it happened luckily that this Lord returned dissatisfied from England, (because the Presidency of Munster, which he expected and highly deserved, was predisposed of to the Earl of Portland,) and by his discontent was rendered the more susceptible of those Impressions which the just Complaints of the Protestants of his Province did afterwards make upon him; and therefore he did on the 18th day of July, by an ingenious Artifice, get the Irish out of Cork, and kept them so, and the next day * Insiquin Brog-hill, Sir W. Fenton, Sir P. Smith, Col. B●ocket, Colonel Searl, Major Muschamp. he, and other Principal Officers of his Army, wrote to His Majesty, That no Peace could be concluded with the Irish Rebels which would not bring unto His Majesty, and to the English in general, a far greater Prejudice than the show of a Peace there would bring them Advantage, etc. And thereupon besought him, that he would not so much regard so inconsiderable a handful of People as they were, as to purchase but a seeming Security, by leaving thereby the Protestant Religion in all likelihood to be extirpated, and His Majesty obnoxious to the loss of that Kingdom: Further beseeching His Majesty, That he would be pleased to proclaim again the Irish to be Rebels, and not to Pardon those who have committed so many barbarous Crimes, that they are as far above Description, as they are short of Honesty, the Irish professing, They had His Majesty's Commission for what they did. The true sense of which devilish Aspersion cast upon His Majesty, with other Reasons, made them resolve to die a thousand Deaths, rather than condescend to any Peace, referring themselves in other things to their Declaration. And besides this Letter, they issued a Declaration to be sent to both Houses of Parliament, and to be made public, which is worthy perusal, and therefore is added to Appendix 25. The Revolt of the English Forces in Munster occasioned some Expostulations between Ormond and Insiquin, but without effect, for the later was resolved not to hazard himself and his Friends by a readmission of the Secluded Citizens of Cork, which the Parliament having notice of, and being desirous to Encourage and Reward his Steadiness and Zeal for the English Interest, made him Lord Precedent of that Province. Nevertheless, the Parliament not being in a condition to furnish Insiquin with Supplies, little or nothing was done this year; on the contrary, the Irish and he agreed to a new Temporary Cessation, because the English were weak, and the Irish desired to preserve the Baronies of Imokilly and Barrymore from Contribution, and so it continued until the Earl of Castlehaven renewed the War early in the Spring; and in the mean time, the strong Fort of Duncannon (which had never submitted to the Cessation) was surrendered to General Preston on the 6th of March for want of Provision, whilst Sir Arthur Loftus (though he got within the Harbour) was by a Storm, which lasted ten days, hindered from putting Supplies into the place, which therefore he carried to Cork. But because the Irish do deny that there was any design to betray Cork, and that it may appear that it was designed more than once, I have thought it necessary to add an Extract out of Sir Richard Gethings Dispatch to Secretary Lane, and to subjoin a certain Letter; whereof I have seen the Original. Jan. 2. 1644. Sir Richard Gething writes, That one Colonel Croning sent to Major Muschamp to give him a Meeting, which done, after some wise Preparatives, exhorting him to be faithful and loyal to his Majesty, etc. He pretended to open him a way to great Preferment; and Muschamp ask him how, the other replied, By delivering up the Fort of Cork, as the Lord Lieutenant should direct. Muschamp answered, That he desired no easier Step to Preferment, than the Observance of the Lord of Ormond ' s Directions. Then Croning desired him to meet a certain Lord the next day, which Muschamp did, and being first obliged to Secrecy, (saving liberty to communicate his mind to an Ecclesiastical Friend) that Lord told him plainly, That if he would surrender the Fort of Cork into his hand, he should have the Lord Marquis of Ormond ' s warrant for it, and for his Reward great Promotion. Muschamp said, he was willing to observe the Marquis his Command, provided he saw an Authentic Warrant; whereupon the aforesaid Lord pulled forth a Warrant written with the Marquis his own hand, (as he pretended) importing, That whereas he the Marquis was disabled to put necessary Provisions of Victuals and Ammunition into the Fort of Cork for the present Defence thereof, that therefore he (Muschamp) was required to deliver up the same into the hands of the aforesaid Lord, assuring him, That whatever Conditions that Lord should condescend unto, his Excellency would confirm them. Hereat Muschamp being astonished, did nevertheless promise to perform the Contents, if his Lordship would give him the Warrant, but his Lordship told him, He must perform the Work first; but Muschamp thought that preposterous, his Lordship replied, That then he might write to his Excellency for farther satisfaction; and so they parted, and Muschamp discovered all to the Lord Insiquin, as he was pre-engaged to do; and though (by Insiquin's advice) Muschamp sent twice to the aforesaid Lord for a Copy of the Warrant, yet he could get no other answer, but That it was sent back to the Marquis of Ormond; and all this, Major Muschamp declared upon Oath before a Council of War. At the Discovery of this Contrivance, the poor English were amazed and enraged; they thought it equally improbable, that Ormond should give such an Order, or any body else should pretend it if it were not so: But as soon as the Noise of this Affair reached the Lord Lieutenant's ears, he did not fail to do Justice to his own Reputation, by a severe Expostulation with that Lord, which produced this following Letter. May it please Your Excellency, I Have received Your Letter of the 25th of the last, wherein you are pleased to Command me to deliver my Knowledge in a Report given out by one Major Muschampe, wherein your Excellency, as you are pleased to take notice, finds yourself highly concerned. My Lord, before I shall proceed to deliver my Knowledge of that Business, in the first place, I shall crave your Excellency's Pardon, if for compassing my own Ends it shall appear, that I have made use of your Excellency's Name without warrant, through which there may arise any Blame or Blemish to your Lordship; this being granted me, all that I can remember is as followeth. It is very true, (my Lord,) Muschamp employed one of his Friends unto me, signifying his dislike of my Lord of Inchequin, whom he found to be entirely in his Actions and Resolutions for the Parliament, and therefore thought fit to seek my Advice to put him in a present way, whereby he may secure the Fort for His Majesty's Service. Truly, my Lord, I was loath to lose such an Opportunity to do my Country Service, and immediately returned him an Answer to meet me the next day after at a Castle of mine, which he performed that day or the next day after, (as near as I can remember,) and upon our meeting, he being sworn to Secrecy in all things, I moved unto him concerning the Fort, to which he seemed to incline, making great Expressions and Fervency in all respects to preserve his Loyalty, and to observe (upon the least inclination or notice) any Commands that should come unto him from your Excellency: Then, upon further Discourse, he fell to wish I had the Fort in my Possession, so he were sure that the Party whereof I was, and myself, were for the King; to which I answered, That by the good Countenance and Usage the rest of the Commissioners and myself had in England, and our coming without Rub or Interruption from thence, might in some sort assure him thereof; which proving not altogether satisfactory unto him, he replied, That if he had seen any Directions from your Excellency for him to dispose of the Place, he would obey it, to the loss of his Life, and deliver it either unto me, or any body else your Lordship would appoint, which I apprehended a Business much conducing to His Majesty's Service, and the Preservation of this Province against the Rebels in England, into whose hands, I was assured, the same should be put as now it is; and presuming that it would not have been prejudicial to His Majesty or your Lordship for me to use any 'Slight or Means to get it out of their hands, I presumed to frame a Warrant in your Lordship's Name, authorising him to Surrender me that Hold to His Majesty's Use, and that your Lordship had received sufficient Assurance from me, to redeliver it upon Demand, which I read unto him, he would have it into his own hands (as he alleged) for his Justification; but I insisted, that I would not part with the Instrument, until the Work were accomplished according to the Directions; whereupon he took time to prepare and consider of the Business for two days, as near as I can remember, and then he was to send his farther Resolution unto me, or to appoint another Meeting; and since I have not heard any thing from him, but within six days after I could hear, that he discovered it unto my Lord of Insiquin, and some others, at a Council of War. My Lord, he thought to catch me, and I was hopeful to catch him; and if in the Progress or Carriage of the Matter I have said or done any thing that gives your Lordship cause of Offence, I crave your Forgiveness and Pardon. Your Lordship may be the more Indulgent unto me in this Particular, for that upon my Salvation I had a full Resolution (if I had compassed the Place upon those Terms) to preserve all the English without any prejudice, either in their Lives, Religion or Goods, and to Surrender it unto your Lordship, or such as you would Appoint, whensoever your Lordship would call for it. My Lord, This is the Truth of what passed between Muschamp and me in that place; I have no more to add unto it, but that I desire, if in this I have forfeited any thing of your Lordship's Opinion, I may be restored and accounted by your Excellency, Your most humble Servant, And as to Conaught, 1643. after the Cessation was concluded, Commissioners were appointed to settle the Quarters; of which, Major Ormsby was one, and Sir Robert Newcomen, and Sir George Saint-George were in February made Commissioners or Governors of that Province, but the Irish (who knew well enough, that by the Cessation the Garrisons in Conaught were left in a starving Condition) did delay the Settlement of the Quarters all that they could, so that tho' a meeting was appointed at Roscomon about the middle of February; and Major Ormsby accordingly came thither and watched three days, yet none of the Irish Commissioners appeared, except only Hugh O Conner, who had no Power to Act singly; and tho' the Lord Lieutenant had ordered the Irish, to send some Beefs to the Garrisons of Conaught towards their Subsistence; yet did they likewise make such unreasonable Delays, in delivering those Beefs (being but 200 in all) that many of the Soldiers were Starved to Death for want of them, and when mere necessity (occasioned by the Delay, a●d Non-performance on the Irish side) compelled any of the English to take a Sheep or a Cow, presently Complaints were made to the Lord Lieutenant, as if the Cessation were broken, or as if the whole Country were up in Arms; whereupon Orders were issued, bearing date the Eighteenth of March, and Twenty ninth of March, to examine the Irish Complaints against the Garrisons of Conaught; and particularly against that of Castlecoot, and more especially about their Combination with Captain Cambell an Irish Scot; and their casting of Ordnance which the Confederates objected against them, and accordingly the English Commissioners repaired to the place appointed; but the Irish came not the First day, and the Second day, when they did come, they pretended they were not prepared, not had a sufficient Commission to proceed then, but desired to adjourn to Thursday in Easter week at Roscomon, which was agreed to; but when that day came, the Irish Commissioners did not appear, but sent a Letter, That Roscomon was not a fit Place, and desired to meet at Balmtober (near which place their Army lay,) but the English Commissioners resenting this Third disappointment, scorned to make any more Assignations with them, well knowing, that there was no ground for their Complaint, but that it was all Contrivance and Clamour. But on the Twenty seventh of April, 1641. a Warrant issued to make Henry Viscount Willmot, and Thomas Viscount Dillon, and the Survivor of them, Lords Precedent of the Province of Conaught, except the County and Town of G●●way, the Government whereof with Ten Shillings per diem was Granted to the Lord of Clanrickard. But it happened not long after, 1644. that Major Ormsby being Garisoned in Tulsk (which place belonged to Mr. Lane, afterwards Lord Lanesburough,) the Proprietor demanded the House, which could not be justly refused him; tho' his Right was unseasonable insisted upon at that time, because Ormsby had done good Service, and was very troublesome to the Irish. But the Major perceiving that he must turn out, and having no other Convenient place to carry his Soldiers unto; he cunningly declared against the Cessation, and kept Correspondence with those of that Faction in Ulster; and hereupon he preyed upon the Irish to that Degree, that his Garrison lived, whilst most of the rest of the English were Starving; insomuch, that as many as could did flock to him, whereby the other Garrisons were left almost empty, and so he continued until the Earl of Castlehaven forced him to submit to the Cessation as that Lord wries in his Memoirs; but I believe he continued so, until his Castle was taken by the Lord Taaf, Anno 1645. And as to Ulster, 1643. the Scots and all those that had taken the Covenant, or were inclined to take it, were very much dissatisfied with the Cessation; Monroe complained to the Lords Justices, That the Scots who were by the Agreement to be paid every Three Months, were now Eighteen Months in Arrear, and therefore it was hard to put them off with a Cessation; however, he Promises to avoid Hostility until the Earl of Leven (his General) be consulted, but the Supreme Council were so nettled at Monroes' aversion to the Cessation, That they on the Fifteenth of October wrote to the Lords Justices, That seeing the Scots continued their Outrages, and would admit of the Cessation, no farther than stood with their own advantage, whereby the Confederates were diverted from assisting the King; they who could not accuse themselves of any one hollow thought, and detested all subtle Practices, and cannot think of serving two Masters, or of standing Neuter where their King is Party, do desire that none may reside in the Kingdom but good Subjects, and that by the joint Power of such, the Opposers or Breakers of the Cessation may be chastised, and that till that can be done, their Proceed in Prosecution of them may not be interpreted a Violation of the Truce. But in the beginning of the Year, 1644. 1644. Monroe published, that he had a Commission from the Parliament of England, and the Council of Scotland to govern the Province of Ulster; whereupon the Lords Mongomery and Blany, Sir James Mongomery, Sir Robert Stewart, Colonel Hill, and the Majors Rawden, Jones, and Gore came to Colonel Chichester at Belfast, to consult what was fit to be done; but the next Morning (being the Fourteenth of May) Monroe surprised the Town; because Colonel Chichester had made Proclamation against the Covenant (which was a little before this time imposed by Order of Parliament) and had refused to admit any Scots into the Garrison, and had sent a Convoy with Colonel Steward and Colonel Seaton, Agents to the King; and had discountenanced all that were affected to the Covenant, or to Monroes' Party: However, Monroe distributed Victuals out of the Magazine to Colonel Chichesters' Regiment, and quartered them in the adjacent Villages until (a little after) they went to Dublin, and he also wrote very civilly to the Lord Lieutenant, but would not restore Belfast according to his Order. In the mean time, Owen Roe (being weakened by the defeat already mentioned, and the opposition he still met with, from the British) in the beginning of Winter left his Troops, and Creaghts to shift themselves, and came to the General Assembly at Waterford to desire assistance; affirming, that otherwise he must be forced to retire into the other Provinces. Hereupon the Assembly appointed Six thousand Foot, and One thousand Horse and Dragoons, under the Command of the Earl of Castlehaven, to join with Four thousand Foot, and Four hundred Horse, which Owen Roe had promised from Ulster. And that nimble General (having some time to spare) did by the Commands of the Supreme Council march part of his Forces to Conaught, Memoirs 45. and compelled Burk of Castle Carrow, and the Lord Mayo at Castlebar to submit to the Cessation; and having done the like to the Ormsbeys in the County of Roscomon, he went to his Rendezvouz at Granard about Midsummer 1644. Owen Roe being at the same time near Portlester; but hearing that the Enemy approached, he was glad to retreat towards Portlester; and having left 600 Foot, and One hundred Horse to Guard the Bridge of Feynagh over the Jany, which had a Castle on his side, he thought himself pretty secure; but the Scots marched on, and the ignorant, or (as this Earl of Castlehaven styles him) the unfortunate Colonel, whose business it was to Guard the Pass, sends out his Horse to Skirmish, having learned from his General, That their Parties had commonly the Better, tho' their Armies had commonly the worse in all Encounters; Review 84. but there is no General rule without Exception, so this Party of Horse was lost, and the Foot thereupon quitted the Castle and Bridge, and ran to find out their General, who was securely posted amongst the Rivers▪ and Bogs in Westmeath; where the Scots faced and braved him, but for want of Provisions could not stay long enough to do any great Prejudice; nevertheless they hanged Nugent of Carlestown, and burned his House. Upon the retreat of the Scots, Castlehaven says, that he followed them to Dromore, and tells some fine Stories to his own Credit, but the issue is, that with much ado he got home again, Owen Roe having failed of his promised Assistance. In the mean time, In July. the Marquis of Antrim ●ound means to send Two thousand five hundred Irish to Scotland to join with Montross; that so by giving the Scots Employment in their own Country, he might divert them from sending Recruits into Ireland. And it is to be noted, that the Confederates did both send and receive Ambassadors, to and from foreign Princes, viz. They sent to France at several times, Mr. Rochfort, ●ather Matthew Hartegan, Colonel Fitz Williams, and Mr. Geofry Baron; and received from France, Mr▪ La. Monarie, Mr. Du Moulin, and Mr. Talloon; they sent to Spain Father James Talbot, and had from thence Mr. Fuysot, the Count of Beerhaven (i.e. O Sullevan Beer) and Don Diego de la Torres; they sent to the Pope Mr. Richard Beling, and afterwadrs the Bishop of Fernes, and Mr. Nicholas Plunket; and the Pope sent them first Peter Franciscus Scarampo, and afterwards his Nuncio the Bishop of Firmo: And therefore it is fit I give the Reader some Account of their Negotiation, which I shall, as I have information and opportunity; and for the present shall feast him with some Extracts, out of Father Hartegan's intercepted Letters, who in November 1644. wrote to the Supreme Council, to the Effect following, viz. That my Lord (Abbot) Montague said to him in his Ear, that he should write to your Lordships, not to trust most of the English, even the very Catholics, who have more National then Religious Thoughts.— That the Queen, talking of Ormond, said, it was hard to Trust Believe, or Rely upon any Irishman that is a Protestant, for every such Irishman that goes to Church, does it against his Conscience, and knows he betrays God.— That Clanrickard had something of Essex his Brother-in-Law, otherwise he should be for the Catholics, which are known to be faithful to the King, whereof no Man doubts now.— That he should know all little Passages, Resolutions, and Things that pass daily in Dublin, Ulster and Cork; and you should write the words uttered by Ormond, Clanrickard and Insiquin, even when they are at Table, and in Conversation;— That you shall have Succours to prevent your inglorious falling to Peace,— and Rome and France will dispute, who shall contribute most to you, so that you may see Father Wadding, and I do not sleep in your Affairs,— That Clanrickard Robs more from the Catholic Party than the Villainous Scots.— That the King is easy and not to be trusted;— That the Confederates are backward in declining the Old English,— That if they had Gallantry, they might expect a Temporal Crown in reward.— That Castlehaven is more Nationally then Religiously inclined;— That Ormond is a Viper and an Idolater of Majesty;— That the Queen will be cast upon the Irish, and therefore advises them, to Play the cunning Workmen to take measure of her. But we need say no more of this Ambassador, than what the Queen observes of him in her Letter to the Lord Digby, Husbands, 2 part, 833. viz. That many things he hath written are Lies. In England the Lord Macguire and Macmahon were brought to their Trial, and found Guilty, Condemned, and Executed at Tyburn; but because Macguire was a Peer of Ireland, it was made a Question, Whether he could be Tried in England for Treason committed in Ireland, since thereby he lost the Benefit of his Peerage? And tho' it seems to me, that the Point had been formerly determined in the Case of the Lord Leonard Grey, who was Viscount Grany, yet it held a long Debate; and there being many Curiosities in that Trial, I design to add it by way of Appendix, unless this Book grow too Voluminous for such an Addition. And in January began the Treaty of Uxbridge, where the King's Power to make the Cessation was denied, both because of His Delegating the Management of the War to the Parliament, and because of the Interest of the Adventurers. To which it was answered, That the King by authorising the Parliament, did not exclude Himself. There were also reciprocal Accusations and Recriminations from each Party to the other, which are too tedious to be here recited; and therefore I refer the Reader for them to Dugdale's View of the late Troubles, where he may find them at large. Nor is it to be omitted, that even whilst this Treaty was in agitation, and in order to it, the Treaty with the Irish was in effect superseded, a certain Irish Lord was no less unseasonably than importunately pressing His Majesty to be made a Privy-Counsellor, and to have a Custodium granted him of Sir Robert King's Estate; tho' either of these being granted, and divulged, would have dashed in pieces all Hopes of Reconciliation between the King and Parliament: So little did they consider the King's Interest, when it stood in competition with their own. And when I have added, That the Confederates did publish a Declaration of the Terms upon which Protestants might live within their Quarters, which is to be found Appendix 11. and that the Citizens of Dublin being numbered on the Eighth of August, were found to be 2565 Men, and 2986 Women, Protestants; and 1202 Men, and 1406 Women, Papists; I have inserted all that I think material for the Year 1644. The Year 1645. could not begin better than in reviving the Treaty of Peace, (which was then reassumed) if the Confederates had proceeded candidly and sincerely therein; but they perceiving that Ormond would never be prevailed upon to grant them the Terms they desired, did keep this Treaty on foot to cover their other Designs; and in the mean time, by their Agent Colonel Fitz-Williams, they proposed to the Queen, That if Her Majesty would prevail with the King to condescend to the Just Demands of the Irish, at least in private, that then they would assist His Majesty with Ten thousand Men. Whereupon the Queen, either through Her Indulgence to Popery, or to purchase so considerable Aids for the King, did promise Her utmost Endeavours to effect their Desires; and accordingly She sent Sir Kenelm Digby to Rome, where he made the Articles recited at large Appendix 26. which nevertheless had no effect, because the * Vindiciae eversae, 48. King could not by any means be brought to confirm them. And She also procured the Earl of Glamorgan to be sent into Ireland, who made a Peace secretly with the Irish, on the 25th day of August, as we shall see anon; and which also met with the same Fate, and for the same Reason. And this unfolds the Secret of some Mysteries which at that time were unintelligible; for it was a Paradox to Ormond and those Cavaliers who were so zealous for the King, that they passionately coveted a Peace with the Irish, as that which they thought the only probable Means left to preserve His Majesty; I say, it amazed these Men, to find the Irish delay and indeed reject the Peace, which themselves at first had courted, and which was their Interest to hasten, even upon worse Terms than were offered them: Nevertheless, the Confederates continued to quibble upon Niceties, and to reassume Debates that were determined before, and particularly the Words in one of the Articles, That Officers of Both Religions be equally preferred, being, upon an Objection of the Lord Digby, explained by themselves to intent only Indifferency, were now so strained, that they would admit no other Interpretation of the Word Equally, but that it must extend to Number; whereat His Majesty was exceedingly disgusted. But in May there was a General Assembly of the Irish, which, pursuant to a Decision of their Clergy, Appendix 29, did on the Ninth of June Vote, That as to the Demand of Restoring the Protestant Churches, the Commissioners shall give a positive Denial: And the Truth of it is, that they thought themselves so sure of what Conditions they pleased from the Earl of Glamorgan, that they little minded what Answer they gave to the Marquis of Ormond, or his Commissioners. And, on the other side, the King thought himself so sure of the Ten thousand Men from them, that Sir Marmaduke Langdale was in July sent with Seven hundred Horse to Carnarvan, to receive and conduct them as there should be occasion. But when their Expectation in England began to tyre, and no News came either of a Peace or of Succours, the Lord Digby (Secretary of State) wrote the following Letter to the Lord of Muskery, and the rest that had been Agents for the Confederates at Oxford. My Lords and Gentlemen, HIS Majsty having long expected a Conclusion of a happy Peace within your Kingdom, and His Affairs having highly suffered by the failing of His Expectations from thence, cannot choose but wonder what the Cause is of it; calling to mind those fair Professions and Promises which you made unto Him when you were employed here as Agents. And knowing well what Power and Instructions He hath long since given to my Lord Lieutenant, to comply with you for your Satisfaction, as far forth as with Reason or Honour His Majesty could in Civil Things, or with Prudence or Conscience in Matters of Religion; and in the latter, as to the utmost of what for any worldly Consideration He will ever be induced to: So did He conceive nothing less than what you declared unto Him you were persuaded the Catholics would be satisfied withal; nay, ought not in their own Interest to seek more, in the present Condition His Majesty is in, lest further Concessions might (by confirming former Scandals cast upon His Majesty in Matters of Religion) so alienate the Hearts of His faithful and loyal Adherents, as to make them abandon Him: Which, as it would draw inevitable Ruin on Him; so were you rightly apprehensive, that when the Parliament should by that means have prevailed here, that must soon after bring a certain Destruction upon yourselves. What the change of Princples or Resolutions are, His Majesty knows not; but He finds by the not concluding of a Peace there, that your Party (it seems) is not satisfied with the utmost that His Majesty can grant in Matters of Religion; that is, the taking away of the Penal Laws against Roman Catholics within that Kingdom. And His Majesty here hears, that you insist upon the Demands of Churches for the Public Exercise of Religion, which is the Occasion that His Majesty hath commanded me to write thus frankly unto you, and to tell you, That He cannot believe it possible, that Rational and Prudent Men (had there been no Propositions made to the contrary) can insist upon that which must needs be so destructive to His Majesty at present, and to yourselves in the Consequences of His Ruin, (that is) inevitably to be made a Prey to the Rebels of these Kingdoms, or to a Foreign Nation. Wherefore, my Lords and Gentlemen, to disabuse you, I am commanded by His Majesty to declare unto you, That were the Condition of His Affairs much more desperate than they are, He would never redeem them by any Concession of so much wrong both to His Honour and Conscience. It is for the Defence of His Religion principally, that he hath undergone the Extremities of War here; and He would never redeem his Crown by destroying It there. So that to deal clearly with you, as you may be happy yourselves, and be happy Instruments of His Majesty's Restoring, if you would be contented with Reason, and give Him that speedy Assistance which you well may; so, if nothing will content you but what must wound His Honour and Conscience, you must expect, howsoever His Condition is, and how detestable soever the Rebels of this Kingdom are to Him, He will in that Point join with them, the Scots, or with any of the Protestant Religion, rather than do the least Act that may hazard that Religion, in which and for which He will live and die. Having said thus much by His Majesty's Command, I have no more to add, but that I shall think myself very happy if this take any such effect as may tend to the Peace of that Kingdom, and make me▪ Your Affectionate humble Servant, GEO. DIGBIE. Cardiff, 1 August, 1645. But the Confederates little regarded this Importunity; they had other Designs of their own to mind, and were busy managing the Two Treaties with Ormond and Glamorgan; and whilst they proceeded diligently with the Earl, they dealt sophistically with the Marquis, still raising new Scruples and Difficulties, varying and inhancing upon the King as His Condition grew worse; so that on the Second of August they demanded to be exempt from the Excommunication of a Protestant Bishop, because they could not in Conscience seek Absolution from those of another Religion. And thus Matters continued until the 25th. of August, at which time the secret Peace with Glamorgan was concluded; and then, to let him know that they designed no more effectual Compliance with him than they had performed with others, they did on the 28th. of August make the following Order, ☞ viz. The General Assembly Order and Declare, 〈…〉 Union and Oath of Association shall remain firm and inviolable, and in full strength, in all Points, and to all Purposes, until the Articles of the intended Peace shall be ratified in Parliament; Notwithstanding any Proclamation of the Peace, etc. And on the First of September they explain this, not to Import any thing inconsistent with the Peace, nor to breed an Interruption or Impediment of it, but to farther its Performance. And tho' this Declaration (notwithstanding any Explanation they could make of it) was diametrically opposite to the Nature and Design of a Peace, because this would reduce them to the Obedience and Condition of Subjects, and that would still keep them up in the Condition of a Separate State; yet there was a deeper Intrigue in this Matter, viz. That if they would not part with their Association, it necessarily followed, that they could not part with their Army, which was the Ligament and Support of it: And therefore, notwithstanding Glamorgan's Concessions, yet that Earl must have Patience, and wait for the expected Succours, until the King should publicly ratify what his Lordship had privately done; and they did not doubt, but the same Necessities continuing, or rather increasing, would compel His Majesty to comply with their Expectations. And in order to bring about their Designs, they continued the Treaty with Ormond until the 21th of November; and to cloak their Intrigues, the whole Assembly on the Ninth of September did Vote, That they would send Ten thousand Men to aid the King, and would refer to His Majesty's Pleasure such things about Religion as Ormond either had not Power, or not Inclination to grant. But on the Fifteenth of November following, they did in effect invalidate that Vote, by alleging, That they never undertook the Transportation of the Ten thousand Men to help the King, but intended only their Assistance therein. Nevertheless, I must not conceal, that the Anti-Nunciotists do aver, That they designed sincerely to send Succours to the King, and to conclude a Peace with the Marquis of Ormond on the Terms afterwards agreed on, and to refer the Secret Articles about Religion to His Majesty's Pleasure, wherein they doubted not of as much Condescension as His Majesty could safely give, because it had been so promised to them by the Earl of Glamorgan: But the Nuncio arriving in Ireland in the nick of this Business, quite altered their Measures and confounded their Affairs: And whether it be so, or not, is scarce worth our Inquiry, since we are sure of these few Truths, That the Confederates sent no Succours at all to the King, nor made the Peace till it was too late, and did most perfidiously break it almost as soon as it was made. But we must make room for a very extraordinary Man, John Baptista Rinuccini Archbishop and Prince of Firmo, the Pope's Nuncio, who arrived in the River of Kilmair on the 22th day of October: He sent before and brought with him 2000 Swords, 500 Petronels, 20000 Pound of Powder, and Five or Six small Trunks of Spanish Gold; and had in his Train 22 Italians, besides several Clergymen. His Frigate, which carried but 21 Guns, was closely pursued by Captain Plunket in a Parliament Ship, and had certainly been taken or sunk, if the Cook-room of the English Ship had not accidentally taken Fire. Never were People more troubled at a Disappointment, than were the Seamen at this; and yet scarce any Disappointment was ever more lucky: For this Nuncio afterwards renewed the fatal Distinction between Old Irish and Old English, and split the Irish into * Clerum ac populum primum diviserit mox inter se comiserit ac si● utriusque ruinae viam patefecerit. Beling. in Preface. Factions, which very much contributed as well to their Infamy as their Ruin. He was received at Killkenny by the Supreme Council with extraordinary Joy and Respect, and in a solemn manner was conducted to the Castle; and in the great Hall he made an Oration in Latin to the Lord Viscount Mountgarret Precedent of the Council; Sancte jurat n●hil se contra 〈◊〉 regis commoda moliturum. Beling. 15. and, amongst other things, he did religiously swear to attempt nothing prejudicial to the King. Nevertheless, he was so little mindful of that Oath, and had so small regard to the Peace and true Interest even of the Papists of Ireland, that tho' he knew, that the King, in hopes of Succours from that Kingdom, did so earnestly desire a Peace, that the fanatics reviled him with being an Humble Suitor to the Rebels for good Terms; yet he made advantage of the King's Necessities, and refused any Agreement that should not restore the Ecclesiastical Revenues, and the Splendour of Popery; and accordingly he positively wrote to his intimate Friend the Bishop of Killalla, That if the Supreme Council should agree with Ormond, he would take all the Bishops with him, and leave the Kingdom. But the Reader must take notice, that all this while Ormond and the English were totally ignorant of the secret Negotiations of the Earl of Glamorgan, until after the Defeat at Sligo, which happened on the 17th of October, at which time the Titular Archbishop of Tuam was slain, and in his Trunks was sound, amongst other Papers, a Copy of the Articles made with the Earl of Glamorgan, which discovered such an Ocean of Contrivance and Intrigue, as amazed the whole Protestant Party. The Articles of this Peace, and the Commission it was sounded upon, and the Oath taken subsequent to it, are all mentioned Appendix 27. which were so destructive to the Protestant Religion, that Ormond and the Cavaliers could not believe that the King ever intended them; in which Opinion they were confirmed by the Asseverations of the Lord Digby, That the Earl of Glamorgan had no such Commission, or, if he had, it was surreptitiously obtained. But however that were, it was necessary to vindicate His Majesty's Reputation in an Affair so disobliging and scandalous; and therefore the Lord Digby did on the 26th of December Impeach that Earl of Suspicion of Treason at the Council-board; whereupon he was committed to P●ison, and a * Earl of Roscom●n. Lord Lambart. Sir Jam. Ware. Committee was appointed to take his Examination, and an Account of this whole Proceeding was on the Fifth of January sent to the King, whose excellent Answer thereunto, is here recited verbatim, Appendix 28. But the Earl of Glamorgan upon his Examination confessed, That he made those Concessions, but that it was done under mutual Oaths of Secrecy; and, That he conceived he had Warrant for what he did; and, That he did it with design to serve His Majesty, and not to hurt the Protestant Religion, Circumstances considered; and, That he conceives those Articles are not Obligatory to His Majesty; and, That he did not engage His Majesty's Faith or Honour, further than by showing his Authority, and leaving it with them.— And then he gave the Committee Counterparts of all the Writings between him and the Irish. And tho' the King was exceeding angry at the first News of this Affair, as what he foresaw would be made use of by the Parliament to justify all the Aspersions they had laid upon him in point of Popery; yet when he had calmly considered, that the Earl's Error proceeded from the Excess of his Loyalty, and that all this was done to hasten the Considerable Succours of Ten thousand Men unto him; That it was to no purpose to consult Ormond in the Point, since it was manifest, (and he had often declared as much when the like Articles were formerly proposed) that he would rather quit the Government, than consent to Articles so prejudicial to the Protestants: That the Earl had done it with all the Caution and Secrecy imaginable, even to the enjoining it by Oath; so that it did not come to be discovered but by an extraordinary Accident; and that His Majesty remained not positively obliged, because of the Defeasance mentioned also Appendix 27: So that the Penalty was only, That the Army should not serve him till he did ratify the Agreement; and when the Army was once in England, the Earl thought that the Articles would easily have been moderated by mutual Consent, rather than it should go back again re infecta. All these things being considered, His Majesty was at length reconciled to the Earl, and on the Eighth of July, 1646. by Mr. Walsingham sent his Lordship a most kind and gracious Letter, containing great Assurances both of Favour and Friendship. On the other side, the Confederates were nettled at Glamorgan's Commitment, and the Supreme Council by their Agents did on the Third of January offer to engage for his Appearance, and suggested, that Three thousand Men were ready to be sent to the King, so that nothing was wanting but Shipping for their Transportation, and the Liberty of their designed General. And on the 36th they renew their Solicitation, and refuse to resume the Treaty until he be released, and urge, that his Consinement retards the Succours intended for Chester: And so on the 21th of January, on his own Recognizance of 20000 l. and the Earls of Kildare and Clanrickard of 10000 l. apiece, that he should appear on Thirty days notice, he was enlarged, and soon after went to Kilkenny, where these Three things were recommended to his Care, viz. 1. To hasten the Commissioners to conclude the Peace. 2. To expedite the 3000 Men to the Relief of Chester. And, 3. To get 3000 l. to help pay the Army. To which he returned these Answers, viz. To the First▪ That they will renew the Treaty as soon as the Assembly hath digested Matters for the Commissioners. To the Second, That they are ready, and shall be sent as soon as the Peace is concluded. And to the Third, That it cannot yet be done. But Glamorgan's Peace being thus discovered, and thereupon disownd and dissolved, the Confederate Commissioners began to think seriously of making a more firm and lasting Agreement with the Marquis of Ormond, who to hasten the Peace, a●d consequently the Succours, had sent his Assent to the Articles in the very Terms proposed and acquiesced in by the Irish Commissioners at the last Meeting. But the Case was altered; and the Nuncio, and the Clergy, and their Party, who would not be contented with any thing less than Glamorgan's Concessions, thinking His Majesty's Condition to be so low and distressed, that he would be necessitated to purchase their Assistance at their own Rate, gave all the Obstruction they could to the present Agreement. This unexpected Opposition to the Peace, Nihil se quod alicujus esset momenti in rebus pacis que belli inconsulto Nuncio esse facturos decreverint. Beling. 15. very much embroiled the Confederates, so that they knew not what to do▪ for, on the one side, they saw the Advantages, yea, even the Necessity of the Peace; and yet it was against the Grain, to determine a Matter of that Importance without the Consent of the Nuncio. In this Straight they had recourse to a General Assembly, which met in January following; and the Nuncio (representing his Master) sat as Precedent of it; and they sent a Letter of Thanks to the Pope for the great Favour of sending them an Ambassador. The greatest and wisest Part of the Assembly were for the Peace, and therefore did assert, That the King had granted all the Temporal Conditions they desired, and such as would infallibly render the Popish Party triumphant in that Kingdom, and that it would be easy to get more on a fit Season, or when they should find occasion to ask again, that even as to Spirituals they had Liberty of Conscience, and all that was necessary to the Exercise and Enjoyment of Religion, and that nothing was wanting but what served for Pomp or Ostentation; and since His Majesty's Circumstances could not admit the granting of that publicly, they ought to trust the King's good Inclinations manifested to them, as well by the Earl of Glamorgan as otherwise. They owned that they ought to obey the * Summi Pontificis nutus & arbitrii rationem, ut par est se habere omnes pr●fitebantur. Ibid. 21. Pope's Pleasure in this matter; but they denied that the Pope was against their Opinion: on the contrary, when his Holiness asked Mr. Beling, How the Queen was inclined to the Irish, and was told, That he thought Her Majesty was well affected to them, for that she had lately wrote a Respectful Letter to the Supreme Council of the Confederate Catholics of Ireland, by that Title; the Pope replied, That it was no wonder, if the most Serene King thought it unsafe publicly to grant the Irish the Conditions they demanded, lest it might disoblige His Protestant Subjects, and therefore A CONNIVANCE ought to content them for the present. And accordingly the Pope did approve of the first Cessation, and the continuance of it. On the other side the Popish Clergy (who will never be satisfied without the * Nisi concessis tam Basilicis quam prediis Ecclesiasticis. Ib. 18 & 177. Ecclesiastical Revenues and the Patrimony of the Church) did as stiffly urge, That the Lord-Lieutenant should be beaten into better Terms, and that if his Quarters were straightened, and some few of his Garrisons taken, he must be forced to comply with their Demands: In a word, they sacrificed the Public Peace to their Private Interests and Ambition, and shown but small regard, either to His Majesty's Emergencies, or the public Tranquillity, and with these, sided the beggarly Nobility and Gentry, and the deluded Multitude, who are easily deceived by specious Pretences, especially of Religion, and the sooner, if they are made under the umbrage of Apostolical Authority. However, the major Vote had then prevailed, if the Nuncio had not again come into the Assembly, and protested (as his manner was) upon the word of a Prince, That an * Sir Kenelm Digby. Ambassador from the Queen was (even by the † Etiam rege consentiente. Beling 24. King's consent) at that instant treating a Peace with the Pope for the Irish, and therefore conjured them not to precipitate any thing in so important a matter, nor by concluding a dishonourable Agreement so scandalous to the Church, to prevent a more glorious and happy Peace that was designed them. But though in deference to the Nuncio the business was delayed a day or two, and debated again; yet every body perceiving, that a Peace made at Rome could be of little use to them in Ireland, since it would infallibly disoblige all the Protestants with whom they were to unite, it was, after many Expostulations, at length resolved by the Assembly to conclude the Peace; and it being likewise resolved, rather to trust Ecclesiastical Matters, Beling 25. to the secret Concessions they expected from the King, than to mention them at all in the Articles with the Limitations agreed on, Consentientibus etiam Catholicis qui omnes pe●e aderant regni ●raelatis. Ib. 26. lest the positive Stipulation might exclude farther hopes, the Vote for the Peace passed unanimously even amongst the Prelates themselves. Hereupon the Nuncio finding it in vain to oppose the Peace directly, he endeavoured by ●●veral artifices and indirect means to elude it; and first, he put in * They are at large. Be●. 27. Propositions in writing, containing Reasons why they should defer the publishing or ratification of the Peace, though in effect they amounted to no more than he had formerly offered, viz. That a more advantageous Agreement was making for them at Rome, and therefore they ought to delay the Publication of this Peace in expectation of that. And although every body perceived the vanity and fallacy of these Propositions, Pontificis etiam umbrae ●atenus cultores. Beling 31. yet the Irish have so great a Veneration, even for the Shadow of the Pope, that they could not deny Respect to his Nuncio, especially when his Request was only for a little time, and so upon this impertinent motion the Peace was delayed till the 28th day of March, and in the mean time Chester was taken from the King, for want of the Succours promised from Ireland. But whilst these things were doing, the King on December 2. wrote to the Marquis of Ormond to stop the Peace with the Irish, because he was in hopes of an Accommodation with the Parliament, but that Expectation failing, he did on the 19th of January send new Orders to the Lord Lieutenant to proceed in the Treaty, but adds, That he would rather have a Cessation than a Peace, unless he can be sure that 10000 Irish should be sent to his Assistance in England; to which, Ormond answers, That he deals with such People, that he can be sure of nothing from them, but believes, that they are able to send 6000 Men, and that it is their interest to do it, and that he will not make Peace with them but upon that Condition. But on the 8th of February the Earl of Glamorgan wrote to the Lord Lieutenant, That it is impossible to make the Irish Nation do any notable Service for the King against the hair, and contrary to the Nuncio ' s Satisfaction. Nevertheless, that Earl was busy in hastening the Irish Forces designed for the Relief of Chester, and in order to it, he hired Ships, and was frequently at Waterford, where we leave him and that Affair until we come to treat of the year 1646. In Munster we left the Lord of Insiquin in daily expectation of Supplies from England, which came so slowly, that he was not able to draw out more than 1000 Horse and 1500 Foot into the Field; however, he ventured with the Foot to besiege Ballymartyr, and to put Imokilly and Barrymore under Contribution, whilst the Lord of Broghill with the Horse posted near Castle-Lions, and covered his Camp from the Enemy, which, under the Command of the Earl of Castlehaven, was then entered into the County of Cork, to the number of 5000 Foot and 1000 Horse, and upwards. Castlehaven had rendevouzed near Clonmell, and on the 5th of April marched to Cappoquin, which he took, as also Drumanna and Knockmone; and it is observable, that Sir Richard Osborne, who owned this last Castle, and was in it when it was taken, had all along obeyed the Cesst●on, and did not join with Insiquin; nevertheless Castlehaven denied him the benefit of the Cessation, but took his Castle by force, and therefore the Lord Lieutenant did, by his Letters of the 25th of April, writ to the Lord Muskry, and the rest of the Supreme Council, for its Restitution. But to proceed: This General of the Confederate Army having received a Repulse at Lismore, marched to Mitchelstown, which he burned; and than it was that Lieut. Gen. Purcell, with the Irish Horse, advanced beyond Formoy, towards Castle-Lions, and it happened luckily that the Lord Broghill, who went the night before to suppress a Mutiny at Yoghall, returned that morning before the Fight: It will be easily believed, That he was amazed to find the Lieutenant Colonels Ridgway and Banister (whom he knew to be sober men) so drunk, that they were not able to give a pertinent Answer to any Question he asked them; nevertheless it so happened to them by the Knavery of an Irish Sutler, who purposely brought to the Camp a Cask of Drink made of Rilea, which has that intoxicating Quality. However the Lord Broghill (as his fashion was) encouraged his Men, and assured them, That by the help of God he would beat the Enemy, and bid them not to be discouraged at the Flight of any of their Fellows, because what would happen of that kind, would be done by his order upon Design, and accordingly he did command Major Peisley to keep the Road, and after his Squadron of 80 Horse had fired their Carbines, to fly and rally again in the Rear of him, and so he drew up a quarter of a mile farther from the Enemy; and, according to his expectation, the Irish came boldly up to Peisly, and upon his flight they pursued with great violence and disorder, and 800 Foot followed them to the expected Execution. Battle of Castle-Lions, May 10. 1645. This was some advantage to the English, who were drawn up in Battalia; nevertheless the Irish, with the help of their Foot, maintained the Fight with great bravery, so that one Troop of the English Horse ran away to Ballyma●tir, with the news of the supposed Defeat; but those that stayed behind bestirred themselves so effectually, that they gained a noble Victory; and if they had had 1000 Foot, they might have destroyed Castlehaven's Army, and would have attempted it as it was, but for a stout Sergeant and 40 Musquetiers, who kept in a Wood, through which they were to pass, and shot so often, that the Lord Broghill suspected the whole Irish Army was posted there. The consequence of this Victory was the taking of Ballymartir and Rostilion, and then this small Army returned to Cork; and because Rostilion, was not tenable, Colonel Henry O Bryan, (the Lord In●iquin's Brother) and Colonel Courtny, were sent to demolish it; but the Earl of Castlehaven having taken Mallow, Doneraile, Liscarroll, and Milltown, marched to Rostilion and took it, and in it the aforesaid two Colonels, whom he made Prisoners; but he had not so good luck in his next attempt, for a Party of his going to plunder the great Island, were by Major Power (who had not at first above 30 Horse, but afterwards was reinforced by two Companies of Foot) so handled, that they left five hundred of their Companions dead upon the place; however he afterwards took Castle-Lions, Conycastle, and Lismore, which last place was bravely defended by the same Major Power and 100 of the Earl of Cork's Tenants, to the Slaughter of 500 of the Besiegers, until their Powder being spent, they surrendered upon honourable Conditions. After this, Castle●aven went to besiege Youghall, a weak and untenable place, and lay before it many weeks; and having received several considerable Baffles by the handful of Men that were within the Town, he was at last forced to raise the Siege, and close the Campagne with that misfortune. And thus Matters stood in Munster till the latter end of the year, at which time, In●iquin sent 500 Foot and 100 Troopers to seize upon the Castle of Bunratty, which they performed, and there found Horses enough to mount their Cavalry. And as for Conaught, it was under a Triumvirate of Precedents, the Lord Dillon of C●stilo was the King's Precedent, and Sir Charles Coot was the Parliaments, and the Titular Archbishop of Tuam was commissioned by the Confederates. But Coot was too hard for both his Rivals, and being united with the Lagan Forces under Sir Robert 〈◊〉, Colonel Awdly Mervin, etc. they made up in all 〈◊〉 Regiments, with which they marched through Conaught, and burned the Country to within 6 miles of Galloway, without meeting an Enemy in the Field, they also took Sligo with the loss of Twenty of their own Men, and the Slaughter of One hundred and twenty of the Rebels; and Colonel, Mervin being chosen by a Council of War to be Governor of Sligo, as he well deserved, was nevertheless by means of the Scots put by that Command which was given to Sir Robert Stewart; whereupon Colonel Mervin came away discontented and notified to the Lord Lieutenant his Design of adhering to the King. Hereupon the Confederates gave the Lord Taaf the Command of an Army to relieve Conaught, and he issued forth a terrible Declaration, That whoever did not submit to his Majesty's Commission, conferred on him within two days after Notice, should be treated as an Enemy, and on the 4th of August he summoned Castlecoot, which returned this Answer, That they neither broke the Cessation, no● used Hostility at any time but when the Irish began; That their misbehaviour forced them to correspond with the Scots, whom they did not know, or believe to be declared Enemies of the King; That they would always submit to the King's Pleasure, but may not in any sort confide in such breach of Faith, at they always find from the Irish Nation to their Party, and instanced the burning of their Hay, even then in the time of the Treaty, and they desire a Copy of his Commission, which his Lordship pretended was from the Lord Lieutenant. And so his Lordship finding no good to be done upon Castlecoot at that time, marched to Tulak, which he took by Assault the 17th of August; and having besieged Abbey Boil in vain, after the Garrison for their better defence were forced to burn the Town, he agreed, that upon an Oath of Fidelity, and to observe the Cessation, they should be no farther molested; and the like Agreements were made with the Castles of Cambo and Lissidarne, and it seems, that afterwards the Irish Army returned to the Siege of Castlecoot, and forced it to surrender about the 10th day of September. In the mean time, 1645. on the 16th of August the Bishop of Elphin, and his Son Captain Tilson by Letter submitted to the Lord Dillon Precedent of Conaught, and on the 19th the Lord Precedent at the Head of the Army came thither accompanied with the Lord Taaf; and told the Bishop, that Captain Tilson and his Foot Company must quit the Castle of Elphin within two hours, and tho' they offered to take any Oath of Fidelity to His Majesty's Service, and the Bishop offered to stand obliged for the performance of what they should Promise or Swear; yet all would not do, but the Lord Precedent, and Lord Taaf having at length condescended to Sign some Articles for their Security, they marched out of the Castle into the Village; and the Lord President and his Guard lodged in the Castle that Night, and afterwards left it under the Command of Captain John Brown, who admitted Boetius Egan, the Titular Bishop of Elphin into the Castle on the 7th of September, being accompanied with Sir Lucas Dillon, and they made a Guard for the Bishop on the Knee, from the Gate to the Church, where the Bishop Rung one Bell, and one of the Six Friars accompanying him, Rung another (I suppose by way of Livery and Seizing) they also burnt Incense, and sprinkled Holy water; and the next day (being the Nativity of the Blessed Virgin) they said several Masses in the Cathedral Church, and the Bishop preached there, and he was so vain and confident in his present Possession, that he sent word to the Protestant Inhabitants, That if they would continue his Tenants, he would use them no worse than the former Bishop had done: But that which the poor Bishop Tilson complained of in his Letter the 29th of December, to the Lord Taaf is; That none of the Conditions made with him and his Son were observed, but that the Titular Bishop kept his Books and some of his Goods, and turned out his Servant; so that he was damnified to the value of Four hundred Pounds, and it appears by another Letter of the Bishops, that when the Titular Bishop was urged with the aforesaid Agreements and Articles; He replied, That that was past and out of date. Upon complaint of these Matters to the Lord Lieutenant, and that the Irish refused to permit the Clergy of the Diocese of Elphin, to Levy any of their Deuce, alleging that the Bishop was outed by His Majesty's Commission; his Excellency did send positive Orders, to restore the Bishop to the Castle of Elphin, but in vain, for the Lord Precedent writes back, That he had used his utmost endeavours with the Lord Taaf, but could not prevail, because of some Dangers he pretended from Sir Charles Coot and the Scots. In the mean time, the Titular Archbishop of Tuam was not idle, but with Two thousand Foot, and Three hundred Horse he surrounded, and endeavoured to retake the Town of Sligo; but there being about Two hundred Horse got into the Town under Captain Richard Coot, and Captain Cole, they Sallied out on the 17th of October; and being well Seconded by Colonel Sanderson, and a good Party of Foot, they got a considerable Victory, and by the help of Sir Francis Hamiltons' Troop, which came in the nick of time, they did great Execution, the Archbishop himself was slain, and all the Baggage was taken, and One hundred and fifty Horse, and many Colours and some Prisoners of Note; and it was at this time, that the Articles of Glamorgans' Peace were found in this Prelate's Trunk or Pocket, as hath been already mentioned. And soon after, this small Party being reinforced with part of the Legan Army, took in Thirteen Castles in the Barony of Tyreragh, with much Corn and other Provisions therein, which exceedingly enlarged their Quarters, and plentifully supplied them with some Accommodations, which else they would have sensibly wanted in the following Winter. And as to Ulster, the Military Transactions were inconsiderable this Year; for Owen Roe had so small a Force that he Acted defensively, and the Lagan Army was employed in Conaught; and the Scots were for the most part called home to quench the Flames in their own Country, so that I find nothing worth mentioning, except a defeat given to Five hundred of Owen Roes Men, by a far less Party of Sir William Cole's, which happened near Lowtherston on the 20th of November. But in October Mr. Annesly, Sir Robert King, and Colonel Beale (who had in May before been by the Parliament appointed Commissioners for Ulster) arrived in Ireland, and brought with them Provisions and Ammunition, and Twenty thousand Pound in Money; but for want of a Quorum of Scotch Commissioners to join with them, little or nothing was methodically done. However, their Arrival yielded an opportunity to the Lord Lieutenant to begin a Treaty with them, wherein he proposed to himself one of three things. viz. Either, that he might be able to persuade them to unite against the common Enemy, or during that Negotiation, might convert some part of the British Army to his Majesty's interests, or by the fear and apprehension of these things quicken the Irish, to a speedy and reasonable Peace: And Mr. Galbreth who was entrusted with this important Secret, did so well execute his Commission, that he missed his design very narrowly; and these Commissioners were amused to that Degree, that they wrote the following Letter to the Speaker, but in two or three days after they found out the Secret of this Affair, and so the design vanished. Honourable Sir, THere are some Passages which we omitted in our Letters to the Committee, because we judge it expedient to express them in Cipher, the Rebels grew higher in their Demands, since the King's Affairs have been in a declining Condition, which with abusing the King's Name and Authority in the taking our Garrison in Conaught, and turning the English out of some of them, hath so incensed the Marquis of Ormond, that he desires but Power and Opportunity to break off all Treaty and fall upon them; and in Order thereunto we have had an Overture, by one that came from him to us, for the British and Scots Forces to join with him against the Rebels upon these Conditions. First, That the Treaty between England and Scotland should be observed. Secondly, That the Covenant should not be pressed upon the Forces under his Lordship's Command, and that it should be left free for those of them that would, to use the Common Prayer Book, and the established Government, till the King and Parliament settle some other. Thirdly, That the British Army be left to the chief Governor for the time being, he appointing them a Governor of their own choosing. Fourthly, That every Party out of his Estate, or Charge be restored. Fifthly, That none be sent out of the Kingdom, without Consent on both Parts. Sixthly, That some Ammunition be lent to them of Dublin. Seventhly, For our Security Drogheda should be given into our hands, We giving Assurance, that use should not be made of it against his Lordship. Eightly, Both Parties to swear to perform; We suppose some good effect might be produced from these beginnings, but without the Scots Commissioners we have no Power, and therefore expect your Directions therein, and desire that in the mean while they may be kept Secret; for if any Notice of a Transaction in this kind come to the Rebels, it would hazard the putting Dublin and those Parts into their hands; the Proposition is the more considerable, because your Armies here will much want a Port in Leinster for a Magazine; but we shall do nothing in it till we hear from you, but what may keep you on Expectation. Having nothing more to advertise of them at Present, We remain, Your most humble Servants, Arthur Annessey, Robert King, William Beale. Belfast this 19th of Novemb. 1645. If you think fit to proceed, we doubt not but to bring the Business into far better Conditions then proposed. But on the Sixteenth of February these Commissioners did by their Letter from Belfast offer to treat with the Lord Lieutenant; but he foresaw they would not submit to His Majesty's Authority, without which he could not incorporate with them: Besides, he was too far advanced in the Treaty with the Irish, to stop it upon such slender Expectations, and therefore he was reserved in his Answer to this Address: And they finding by his Coldness to them, that he had closed with the Irish, or at least designed it, they broke off this Negotiation the very same day whereon the Irish Peace was concluded. 28 March. 1646. The Year 1646. 1646. opened with the Conclusion of the Peace, the Articles of which being drawn by Mr. Darcy and Mr. Browne, were perfected on the 28th of March, and deposited as an Escrol in the Hands of the Marquis of Clanriccard, until some Conditions promised by the Irish (in a separate Instrument) which were to be fulfilled by the First of April, should be performed, which were never done; and if they had been honestly performed, yet those Succours would have come too late; for thus the Secretary of State writes from Oxford, (26 March) That for want of Supplies from Ireland, the Army in the West of England is disbanded; so that now Supplies will do no good. Nevertheless, the Irish knew nothing of this, and therefore pretended to be very diligent in getting their Men together, and Ships were prepared, and the Lords of Antrim and Glamorgan were at Waterford to forward the Business; and on the Third of April the Supreme Council wrote to the Lord Lieutenant, That they had Six thousand Men ready, and desired they may be Mustered; But notwithstanding all this, it is believed, that they never really intended to send any Succours to the King; for the Lord Muskery the very same day, (viz. the Third of April) and by their Command, signified to the Lord Lieutenant the Difficulties of their Enterprise in England, and desired that they might be employed against the King's Enemies in Ireland. And being resolved to employ those Forces as they pleased, whatever Directions Ormond should give to the contrary, they did on the same Third of April discharge the Ships at Waterford from Demurrage; and without expecting an Answer to their Message, they did within a day or two after (without the Lord Lieutenant's privity) employ most part of those Forces againg the English at Bunratty, and on the Eighth of April sent the Lord Lieutenant word, That a Fleet was seen at Sea, which they were afraid would land Men near the Shevin, and therefore they had sent Three thousand of the Forces designed for England to reduce Bunratty: So that no more of the Irish Army was sent over than Three hundred Men, under Milo Power, which were designed a Guard for the Prince of Wales, and went to him to Scilly, together with the Lord Digby, in May, in order to convey the Prince into Ireland. Whereupon Ormond, who was as sensible as any Man alive of the Levity of the Irish, having received a Letter from the King of the Third of April, recommending to his especial Care the Management of His Majesty's Affairs in Ireland, as he shall conceive most for the King's Honour and Service, caused that Letter to be printed, that the Irish might know, that there was no Peace to be expected from any other Hand than his: And having informed the King by his Letter of the Seventh of April, That the Treaty was so far concluded, that Matters of Religion were submitted to His Majesty, and the King obliged to nothing unless assisted in Proportion and Time mentioned in His Majesty's Letter of the First of December; he was as industrious as could be to make that Peace effectual to His Majesty, by a speedy Publication, and a considerable Supply:— But finding the promised Succours diverted another way, he began to despair of any Good from the Confederates. And whilst he was in this Opinion, the Earl of Argile and the rest of the Scots Commissioners being come over, endeavoured by their Letter of the Fifteenth of April to renew the Treaty with him, and tho' they did propose to have some of their Soldiers admitted into Dublin, and that Ormond should submit to King and Parliament, yet there were mutual Passports granted for Commissioners to Treat and the Interest of both Parties centring in the Prosecution of the Common Enemy, inclined them to Moderation; and gave great hopes of Success; when the News of the King's Surrender to the Scots drew Argile home to his own Country, ☜ and so the Treaty was dissolved. However, Ormond and the Irish could not agree; and it is no wonder, for they aimed at quite different Ends. The Confederates designed to expel the English out of Ireland, under the Names of fanatics, Parliamentarians, the King's Enemies, etc. and Ormond designed to get Ten thousand Irish to be sent to the King's Assistance in England. The Irish intended to preserve their Government in the Form of a distinct Republic; and the Lord Lieutenant hoped to reduce them to the Condition of Subjects: And accordingly their Negotiations were managed on both Sides with a Tendency to their respective Ends; insomuch that the Confederates, in the Sixth Article of their Instructions of the Seventeenth of April, to Mr. Nicholas Plunket, order him to let his Excellency know, That if he cause the Articles of Peace (deposited with the Lord Clanriccard) to be proclaimed, that then they must publish those Articles concerning Religion made with the Earl of Glamorgan; and that it is not in their power to do otherwise, for fear of losing their Foreign Friends, and the danger of a Rupture at home. But in the Two next Instructions they add, That if Ormond will agree, that they may on all Sides fight to clear the Kingdom of the Common Enemy, that then their Councils in Civil and Martial Matters shall be managed by his Advice, and he shall have as much Influence over their Debates, ☜ us if he sat at the Board; and as much Power as he was to have by the Articles during the Interval of Parliament. And in their Additional Instructions of the Tenth of May, they repeat to the same effect, and desire the Nuncio may be countenanced, and order their Agent to declare, how they may be necessitated not to rely more upon his Excellency, if he keep himself longer in suspense. But, on the other side, the Lord Lieutenant very well unerstood the Inconvenience of joining with the Irish by way of League, which would be a tacit Allowance of their Government; and therefore resolved not to unite with them upon any other Terms than that of the Peace: And tho' he stood in great need of an Agreement with them, yet not having fresh Orders to proceed in the Peace, since the Condition of Transporting Men was not performed, he could not have published the Peace if they would have consented to it; and therefore he was glad to find them making Objections against it; to which he * 2 June. returned this Answer, That if they published Glamorgan ' s Articles, that then he would in the Name of the King publicly disavow them, as His Majesty had already done. And in this manner the Intercourse and Correspondence between them was kept afoot; and upon the Arrival of the Lord Digby, on the Fourth of July, with positive (Verbal) Order to make the Peace, they began to treat more closely. Nevertheless, that did not hinder the Confederates from pursuing their little Advantages underhand, as appears by the following Letter of the Thirteenth of July, from some of their Leading Men, to General Preston. WE beseech you, in plain English, give no Credit to my Lord Digby, nor to any that goeth double ways, and remember Lucan.— Seem nevertheless to trust him, and lose no Advantage upon any Pretence whatsoever, when you may do it with Safety.— If the Enemy have the Harvest quel consequences.— As you are a Catholic, or Patriot, Spare no Man that will not join with you, for Kindred, Religion, or any other Pretence whatsoever.— If the King's Condition doth not forthwith Master the Parliament, ☞ it will beget a bloody War there; if he do absolutely Master them, judge in both Cases how necessary it is the Army and Nation be considerable, and able to stand upon their own Legs.— Burn or Master the Enemy's Corn and Hay, till the Body of the Army come with resulted Strength: Several strong Parties may do good Service.— In case you undertake Trim or Minooth, be sure to Master Naas, Siggings●own, and Harristown; and rather Demolish them than they should do hurt. If Siggingstown and Harristown be not burnt, they will do the Country hurt. For your Lordship and General Birne only. But in the midst of the Treaty between Ormond and the Irish there happened two strange Accidents; the one was the King's Surrender of himself to the Scots near Newark, the Fifth of May; and the other was a great Victory Owen Roe obtained over the Scots and British at Bemburb, on the Fifth of June, which exposed the whole Province of Ulster to his Mercy, if the Nuncio's Avocation of him, to oppose the Supreme Council, had not prevented it, as shall be shown hereafter: But these two grand Accidents must be handled apart, and it is but Reason and Duty that we give preference to that of the King. His Majesty was not a little influenced by the Queen, and upon her account by the French, who had an Agent in the Scots Camp; they pretended Zeal for the King's Re-establishment; and the Cardinal did really give the Lord Digby 10000 Pistols for the Service of Ireland, which he brought to the Marquis of Ormond in July: Nevertheless, by what they did to the Irish Agents in France, and the sequel of the whole Affair, it is manifest that they were Ambodexters, and their Interest lying in the Confusion and Desolation of these Kingdoms, they did what they could to keep them embroiled. However the King confided much in this French Agent; and it was he that managed the Treaty between His Majesty and the Scots; and either he did really obtain, or persuaded the King that he had got from them, these following Concessions, viz. 1. That they would not endeavour to Force his Conscience. 2. That they would afford a safe Retreat amongst them to all His Majesty's faithful Servants and Adherents. And 3. That by Force or Treaty they would endeavour to re-establish him in his just Rights. And upon these Terms the King went from Oxford to the Scots Camp near Newark, from whence they removed him to Newcastle. And whilst he was there▪ lying under the deep Resentments of the Ingratitude and Perfidy of the Irish Rebels, who always heightened their Demands, as his Necessities increased, and clogged their Promises of Succours with harder Conditions than were fit to put upon any Christian, not to say their King, viz. the Subversion of the Religion he professed; he was prevailed upon, by his Letter of the 11th of June 1646. to prohibit the Marquis of Ormond from Treating with them any ●arther. To this Letter the Lord Lieutenant and Council returned the following Answer; That they will not proceed in the Treaty, and that the Rebels have three Armies in the Field, viz. Munster Army, which is before Bunratty; Conaught Army, which is before Roscomon; and Ulster Army, which hovers towards Dublin; and that the Parliament Frigates are in the Harbour, and all over the Coast, hindering Provisions, etc. from coming to them, and that the Cessation will determine the 13th of July, and that they have but 13 Barrels of Powder, and want all other Necessaries for the War, and therefore they hope to renew the Cessation for a month; and in the mean time do earnestly pray for Supplies; adding, That they cannot be sure, that those that unprovoked fell upon them in a time of Quiet, will not break a Cessation, as soon as they find themselves baffled in their Expectations of a Peace. And as to the unfortunate Battle at Bemburb, wherein the Lord Blany was slain, and the Lord Mongomery was taken Prisoner, as soon as it was over, Mr. Annesly and Mr. Beale, by their Letters, importuned the Lord Lieutenant to declare against the Irish, which at that time he could not presently do, in regard of the Cessation, that was not then expired; but upon the Tenth of June the Lord Folliot, Monroe, and Sir Charles Coot, joined with the others in an Address to the Marquis of Ormond to the same purpose; and the Lord Folliot and Mr. Galbreth came with it, although they had no safe Conduct or Passport for doing so, which is the more strange, because those Commissioners (Mr. Annesly and Beale) had refused a Pass to a Messenger, Ormond would have sent to the King, unless they might know his Errand, and because in this Address they did not give Ormond the Title of Lord-Lieutenant. Nevertheless his Excellency answered them, That he would join with them, and (as soon as the Cessation expired, viz. 13 July) would declare against the Common Enemy; Provided they would submit to His Majesty's Authority. But they (who had all their Support from the Parliament) could not do that; and so this Negotiation determined without effect. And in this condition stood Affairs, when on the Fourth of July 1646. the Lord Digby, one of the Secretaries of State, and afterwards Earl of Bristol, returned to Dublin from France, and assured the Marquis of Ormond, That notwithstanding the King's Letter of the Eleventh of June, (which was extorted from him by Duress, and proceeded from Ignorance of the posture of Affairs in Ireland, and particularly of the Advances of the Treaty of peace) it was His Majesty's Pleasure, That a Peace should be concluded with the Irish, and that he had a positive verbal Message from the King to that purpose; and thereof he made a solemn and formal Protestation before the Lord Lieutenant and Council, which being reduced to Writing, was entered at large in the Council-Book at Dublin on the Twenty eighth of July; and thereupon they proceeded to the Conclusion of the Peace, which was perfected on the Thirtieth of July, and is contained in the Articles mentioned, Appendix 24. And the next day they wrote to His Majesty a full account of what they had done, and desired His Majesty to send them no more Verbal Orders, especially such as contradict the Written ones, lest they want Vouchers of their Obedience to His Majesty's Commands, and be thought Disloyal in doing those things, which nothing but Duty could make them do. The Peace being thus made, was solemnly Proclaimed in Dublin, and by General Preston in his Camp; and the King at Arms, and those of the Heralds-Office, (to the number of Ten) with all their Formalities, were on the Sixth of August sent to Proclaim it in the other Cities and Corporations of the Kingdom, of whose Journey I will give an account in due time. The Lord-Lieutenant did also send a kind Letter of the Third of August to Owen Roe, to invite him to Dublin, to give his Assistance towards the Settlement of the Nation; and that General did on the Seventeenth return a very civil Answer, importing, That as yet he had no authentic Notice of the Peace from his former Masters, but as soon as he should have it, he would hasten to pay his Duty to the Lord-Lieutenant. And on the Eleventh of August the Protestant Clergy made a grateful Remonstrance of Thanks to His Excellency, for his Care of Religion and the Kingdom. In the mean time, the restless and indefatigable Nuncio had summoned all the Popish Clergy to Waterford, under pretence of an Apostolic Visitation, and to prepare for a National Synod; the famous Nicholas French, Bishop of Ferns, was Chancellor of this Congregation, which being assembled, (notwithstanding their holy Pretences) did nothing else but consult how to break the Peace they had so lately consented to; and being puffed up with the Success their Forces had met with this Summer, and taking advantage of the distressed condition of His Majesty and his Army, these Holy Fathers made short work with the Peace; for on the 12th of August, which was just a Fortnight after it was made, they declared all those perjured that would submit to it, and by solemn * Appendix 30. Decree rejected it, as not having sufficiently provided for the Liberty and Splendour of Religion. And they afterwards strictly prohibited all their people from obeying the Peace, or paying Contributions to the King, or to any that obeyed it, on pain of Excommunication ipso facto: which on the Fifth of October was formally issued, with Notes, as it is recited, Appendix 31. But now it is time to look after our Heralds, who (as hath been already mentioned) left Dublin on the Sixth of August, in order to proclaim the Peace in the other Cities and Corporations: They came to Waterford the Eighth, where they were so unwelcome to all the people, that no body would show them the Mayor's House, until at length a little Boy did it for Sixpence; but the Mayor would not be seen for above four hours, and when he was told their Errand, he asked, why they did not first proclaim the Peace at Kilkenny; and they answered, That they pursued their Orders, and supposed the Reason might be, because Waterford was, next to Dublin, one of the most ancient and considerable Cities in the Kingdom. However, after three day stay, they could get no other Answer, but that the Peace should be first proclaimed at Kilkenny; and the Rabble threatened to send them packing with Withes about their Necks, unless they made haste away. From Waterford they went to Kilkenny, where they were received with Respect, and the Peace was there proclaimed even with excess of Joy and Pageantry. It was also proclaimed at Calan, Fethard, and Cashell; but Clonmell would not receive it until it should first be published at Limerick. It was in the Evening of the Twentieth of August when they came to Limerick, where they found the Gates shut, so that they had no admittance till the next day Noon, and then were civilly treated by the Mayor, who was for the Peace; however that day they could not agree, but on the Twenty second it was carried by the major Vote of the Aldermen and Council, That the Peace should be proclaimed, and all things were prepared accordingly: Whereupon Friar Wolf, with an armed Rabble of above 500, came to the High-Cross, and denounced Excommunication against the Adherers to the Peace. Nevertheless the Mayor (who lived near the Cross) was coming out in his formalities to make the Proclamation; but the Rabble with hideous Outcries drove them back again, and followed them into the House, and pursued them even from Chamber to Chamber; they wounded the Mayor and the King at Arms, and dragged them to Prison; and they mortally wounded the Pursuivant Henry King, and most of the rest were likewise wounded, and all were Imprisoned for about 10 days, and the Mayor's House was broken and pillaged; and during all this Tumult the Friars cried out, Kill, kill, kill, and I'll Absolve you. And what is yet more strange, is, That the Mayor was afterwards turned out, and Dominick Fanning (a principal Incendiary in this Commotion) was made Mayor in his room, and was by Letters from the Nuncio thanked for what he had done, and encouraged to go on, and the Apostolical Benediction was imparted to him, for committing such an Outrage upon the Privileged Person of an Herald, as all other Nations in the World would abhor. But to proceed; The Congregation at Waterford did also, under the pain of Excommunication, prohibit the Lords Mountgarret and Muskry from going to Dublin, to consult the execution of the Peace; nevertheless they went, and in the Name of the Supreme Council invited Ormond to Kilkenny, as well to countenance the Peace, as to stop Insiquin's progress in Munster, who triumphed over all Opposers, and put the Country under Contribution as far as the Black Water. Hereupon Ormond (having first sent Daniel O Neal with great Offers to Owen Roe, whom nothing could satisfy but the British Estates in Ulster) prepared for his Journey, and in the latter end of August he went to Kilkenny with about 200 Horse and 1200 Foot, which small Party was a Guard more for State than Security, for what need an Army amongst Friends? His Excellency was received at Kilkenny with all imaginable Triumph and Respect, and intended in conjunction with the Irish to march into Munster, to force Insiquin likewise to submit to the Peace; but when he understood, what the Clergy had done, and were doing at Waterford, he sent some of Quality thither, to persuade them not to interrupt the Peace, which was likely to be so advantageous to the King and the People, he offered his Lady and Children for Hostages, that they should not be disturbed in the Possession of the Churches they then had, (which was the Secret Article not mentioned in the Public, and purposely so contrived by the Popish Bishop of Clogher, ☜ that on occasion they might the easier incense the Rabble, by showing that there was no provision for Religion in the printed Articles:) But all that he or the Supreme Council could do was to no purpose, for the Nuncio and Clergy were resolved to * Colonel Fit●-Williams's Letter to the Lord Lieutenant. have their wills, or perish. And that this may plainly appear, it will be fit to give a short Account of the Negotiation between the Supreme Council and the Popish Clergy, which was thus: On the 24th day of August 1646, the Congregation at Waterford published a Declaration to be transmitted with the following Propositions at large, and in Print, to the Supreme Council. I. That the Earl of Glamorgan's Articles, grounded upon the King's Authority, be printed, and be made as firm and obliging as the present Peace; that the Confederates do oblige themselves by Union, Oath, and otherwise, to insist upon the same Articles, and them to maintain, till confirmed (with the present Peace) next Parliament. And whereas it appears by His Majesty's Letters taken at Naseby; that Ormond had Power to Repeal Penal Laws, and Suspend poinding's Act, the Confederates expect the benefit thereof to be added to the Articles of the Peace, and that those Letters be made Public. II. That the Generals of Ulster and Leinster be made General of the Horse and Major General of the Field, and all other Catholic Officers continued, if not advanced. III. That no Garrison be added, nor Tax be imposed upon them, till Parliament, without Confent of some or one of the Commissioners of the Interval to see Equality. iv That the 7th Article of the Peace be changed as touching Universities, and that the Institution and Discipline of them be Catholic. V That in all places to be recovered from the Parliament, Roman Catholics be restored to Estates, Privileges, etc. and that the Free Exercise of their Religion be secured to them, and all other Catholics that shall please to dwell there. And if the Supreme Council do not approve of these Propositions, ☞ then let them do one of these things, viz. Retain their Civil and Military Power within their own Quarters, independent as heretofore, until His Holiness' and His Majesty's Pleasure can be known, and in the mean time both Parties pursue the Common Enemy: Or else, let them refer it to a General Assembly to be immediately called. To this Declaration, and these Propositions, the Supreme Council on the 10th of September returned the following Answer, viz. To the First; That they will Print and Publish Glamorgan's Articles, and insist on them as being Obligatory to the King, and get them confirmed next Parliament, and no interruption shall be given them in the mean time. That the Repeal of the Penal Laws was purposely omitted in the Peace, as being less than Glamorgan's Concessions, and therefore might derogate from them; and the Suspension of poinding's Act was by unanimous Consent omitted for saving of Time. To the Second; That they shall be sufficiently provided for. To the Third; No constant Garrisons shall be put into Corporations, etc. nor Levies made but for Public Service, and proportionably to the rest of the Country, and some of the Members of the Corporation shall be privy thereunto. To the Fourth; 'Tis employed, else how can they be for the use of the Catholic Youth, if the Discipline be not Catholic? To the Fifth; It is done already, and if not, shall be taken care of. And you shall have Security to have the Penal Laws repealed the next Parliament, and shall not be molested in your Religion or Ecclesiastical Possessions till then. This Answer so baffled the Congregation, that all the Reply they could make, was, That the Lord Lieutenant was gone out of their Quarters; and that the Supreme Council, being part of the Confederate Body, could be no Security to the rest for what they promised; and that the Peace being once rejected, could not be reassumed or revived, but by a General Assembly. And to manifest that they were in earnest, they had prevailed with the Bishop of Ossory, long before this, to Publish, a very extraordinary Instrument in form following. WHEREAS We have in public and private Meetings, at several times, declared to the Supreme Council and others whom it may concern; That it was, and is unlawful, and against Conscience, the implying Perjury (as it hath been defined by the Special Act of the Convocation at Waterford) to both Commonwealths, Spiritual and Temporal, to do or concur to any Act, ●ending to the Approbation, or countenancing the Publication of this unlawful and mischievous Peace, so dangerous (as it is now Articled) to both Commonwealths, Spiritual and Temporal: And whereas, notwithstanding our Declaration, yea, the Declaration of the whole Clergy of the Kingdom to the contrary, the Supreme Council and the Commissioners, have actually proceeded to the Publilication, yea, and forcing it upon the City▪ by Terror and Threats, rather than by any free Consent or Desire of the People. We having duly considered and taken it to heart, (as it becometh us) how enormous this Fact is and appears in Catholics, even against God himself, and what a public Contempt of the Holy Church, it appeareth, beside the Evil it is like to draw upon this poor Kingdom, after a mature Deliberation and Consent of our Clergy, in detestation of this heinous and scandalous Disobedience of the Supreme Council, and others who have adhered to them in matters of Conscience to the Holy Church, and in hatred of so hurtful and abominable an Act, do by these Presents, according to the prescription of the Sacred Canons, Pronounce and Command henceforth a General Cessation of Divine Offices throughout all the City and Suburbs of Kilkenny, in all Churches, Monasteries, and Houses in them whatsoever. Given at Our Palace of Nova Curia the 18th of August, 1646. David Ossoriensis. The Peace being thus rejected, the Nuncio, like a true Son of Thunder, prepares for War, and in order to it he borrowed a good Sum of of Money from the Spanish Agent Don Diego de la Torres; and he recalled Preston out of Conaught, and ordered Owen Roe to intercept the Lord Lieutenant in his return to Dublin. In the mean time the Marquis of Ormond, who did not suspect that there could be so much Perfidiousness and Treachery amongst Christians, went forward from Kilkenny to Carrick, and so to clonmel; and though he was denied entrance into that Town, and had notice that Colonel Peirce Butler alias Mac Thomas (from whom he expected better things) was ready with 500 Horse to disturb his March; nevertheless he went towards Cashell, but the Mayor of that place sent him word, That Owen Roe had threatened that City with utter Destruction, if they should Receive or Entertain his Excellency, and at the same time he had (from the Lord Dil●on of Costilo) full information of the whole Design to intercept him; and thereupon he marched that night to Calan, and the next day to Loghlinbridge, before Owen Roe (who was within 6 miles of Kilkenny) could overtake him, and so he got● safely to Dublin, where he was received with all that Joy which Friends usually express at the arrival of those they gave for lost. From Calan his Excellency sent the Lord Digby to Kilkenny, to acquaint the Supreme Council with his Return, and the Reasons of it, and to stay Leaguer with them; and he also sent some of his Servants for some Necessaries he had left at his own house in Kilkenny; but when they came there, they found this Inconstant City, (which few days before had received the Lord Lieutenant with Acclamations of Joy) pulling down the Monuments of his Entertainment, (viz. the Devices on the Gates and Market cross, and other Matters of Pageantry) and expressing so much Passion and Malice against him, that most of his Servants were forced to withdraw, and those few that stayed were obliged to remain incognito. However, the Supreme Council ordered Sir Lucas Dillon and Doctor Fennell by Letters to assure his Excellency, That notwithstanding what had happened, there should be no farther Hostilities used; whereof Ormond took hold, and desired them to ascertain a competent Time of Cessation, that they might come to a right Understanding: Whereunto they made no Reply; but in stead of that, Ormond had certain Advice from other Hands, That Owen Roe had fallen into the Queen's County with great violence, and had taken several Castles from the King's Party, and destroyed all that opposed him; and particularly, that his Soldiers had in Cold Blood murdered Major Piggot, and Fifty others, at Disert, to whom they had promised Quarter. And about the same time the Castle of Athlone▪ was surprised by George Dillon, a Friar, Uncle to the Lord Precedent; and that Place being the Key and principal Fortress of Conaught, was a great accession of Strength to the Confederate Party. And so the Triumphant Nuncio, not doubting but that all was his own, came in State to Kilkenny, where he caused all the Supreme Council, except Plunket and Darcy, to be imprisoned; and immediately he instituted a new Supreme Council of his own Creatures, who, to requite his Kindness, did in effect commit to him the entire and absolute Power of Governing and Commanding as he pleased, as well in Temporal as Ecclesiastical Matters. But that which was most strange in this stupendious Revolution, was, That General Preston and his Army, being mostly of the Pale, and in whom English Blood and Honour should have had more prevalence▪ than to suffer them to be guilty of so manifest and perfidious Violation of a Peace, so lately made with their own King, should be persuaded to join with Owen Roe and the Ulster Irish in so ill a Cause, and even against his Interest; and yet it is certain, that they were tainted so early▪ that tho' Owen Roe marched through their Quarters to intercept Ormond, yet none of them sent him the least notice; and when the Marquis sent to Preston to come to him to consult about those Affairs, Preston excused it with a Pretence of Sickness. Nevertheless, the Nuncio would not trust him, until he had tied him by an Engagement to oblige his Honour, and an Oath to bind his Conscience, both which are recited Appendix 32. And upon the noise of Preston's Defection, the Lord Lieutenant sent him an Expostulatory Letter, to which he returned the following Canting Answer. May it please your Excellency, IN Answer to Yours of the Eighth of this Instant, I return, That finding the Peace that was Concluded and Published, destructive to my Religion, and Liberty of the Nation, to the Maintenance of which, together with His Majesty's Just Prerogatives▪ I had formerly sworn, and associated myself; I called together my Regiments, and issued new Commissions, for reinforcing of my Army; my Intention being therein no other, tha● complying with my former Resolution and Engagement, which I desire may be accorded with Assurance, whereby we may be the better enabled to comply with His Majesty's Necessities, in serving Him: Which is the only Ambition of, My Lord, Your Lordship's most humble Servant, T. PRESTON. Kilka, 10 October, 1646. But let us return to the Nuncio, who by the Artifice and Industry of the Popish Clergy was become the Generalissimo of Two Armies, which being united, made up 16000 Foot and 1600 Horse, with which he marched towards Dublin, and was so confident to take it by a General Assault at his first Approach, and expressed it with such Arguments of Probability, that it was generally believed in his Camp; so that Colonel Fitz-Williams pretending Kindness to Ormond, did by his Letter of the 22th of September give him notice of the Danger, and advised him to prevent it, by confirming Glamorgan's Concessions, and concludes, That then Preston will live and die for His Majesty. And to this Advertisement, the Marquis on the 26th of September returned the following Answer. SIR, IF I could have assured the Clergy my Lord of Glamorgan's Conditions, I had not retired hither; they are Things I have nothing to do with, nor will have. If they be valid in themselves, they need no Corroboration; if invalid, I have no Power to give them Strength. I cannot believe General Preston so regardless of his Honour, as to appear in a way of Hostility before Dublin, which were in the highest degree to violate the Loyalty he professeth, the many Assurances given me by himself, and in his behalf by others, and, above all, the Honour of his Profession. But if all that can be called Faith between King and Subject▪ and betwixt Man and Man, shall be so infamously laid aside, together with all hope of Reconciliation, Nature will teach us to make the best Resistance we can; and God, the sure Punisher of Treachery and Disloyalty, at last will bless our Endeavours with Success, or our Sufferings with Patience and Honor. Your Servant, ORMOND. But we must leave this mighty Army on their March, and visit the Marquis of Ormond, who was so enraged at this unexcusable Perfidy of the Confederates, that he resolved to think no more of Treating with them, but, on the contrary, prepared for the utmost Resistance. And he was likewise very much confirmed in those Resolutions by the Opinion of the Lord Digby, whom he had left Resident at Kilkenny, and who in his Letter of the 24th of September hath this Passage: My Lord, there is no dealing with this People but by Force: You see by the short Letter how they forge large Offers, and improve others for their Ends. Hereupon Resolutions were unanimously taken in Council, to Address to the Parliamet for Succours, as shall be hereafter related at large, in its proper place: And the Lord Lieutenant and Council did write to the King, ☞ That the Irish having perfidiously violated the Peace, had begun a new War, to wrest the Kingdom from His Majesty, and transfer it to the King of Spain or the Pope; to avoid which, they were forced to apply themselves to the Parliament. And the same day they wrote to the Lord Mayor and City of London for Assistance, and assured them, that the City Debts seized in the beginning of the War, were but borrowed in extremity; and that an exact Account are kept of them, and they will be justly repaid by the King in due time. And hereupon the Captain of the Parliaments Ship that carried the Commissioners over, furnished the Lord Lieutenant with Thirty Barrels of Powder. There was nothing more could be done for the Preservation of Dublin, but to invite the Parliament Forces of Ulster to its Assistance, which was not neglected; and many of them were passionately inclined to the Service, as knowing, that the whole Kingdom would suffer very much in the Loss of that City: But the Chief Commanders and the Parliament Commissioners would not consent, unless Tredagh might be put into their Hands: To which Ormond replied, That he was in Treaty with the Parliament, and therefore could not part with Tredagh till that were finished; but desires them to reinforce his Garrisons, or divert the Common Enemy by taking the Field. However, the Irish were afraid of this Conjunction; and therefore Owen Roe from Athy, on the Ninth of October, invited the Lord Lieutenant thither to treat with the Nuncio; but Ormond knew there was no good Music to be made upon that String, and therefore the next day from Trim he returned an Expostulation, Why they were in Arms? and desired them to restore Athlone and Athy: To which Owen Roe replied the same day from Kilka, That those Garrisons are in surer Hands for the King now, than they were in before, whilst they were kept by Men inclined to the Parliament. But though this Irish General was so high, being the Favourite of the Nuncio and his Party, yet General Preston was not so; but foreseeing the Fate and Scandal of the perfidious Breach of the Peace, both he and his Army were somewhat cold in the Affair. Besides this, there was a National Emulation between the Two Armies, O Neal's being Old Irish, as the others was of the Old English; and this was increased by the Insolence of the former, and the Envy of the latter: For Owen Roe and his Party, who had been lately Victorious at Bemburb, and had never submitted to the Peace, because the Nuucio did reject it, thought themselves justly entitled to the Reputation of being the better Soldiers, and the better Catholics: Whilst the other being the Civilised Inhabitants of the Pale, looked upon the Northern Army as a sort of Barbarians: And therefore the Lord Digby writes thus to the Lord Lieutenant from Grangemelan, 13 October, All here of the Nuncio and O Neal ' s Parties is the height of Insolency and Villainies; O Neal ' s and Preston' s Army's hate one another more than the English hates either of them: O Neal has Eight thousand Foot, whereof Five thousand well Armed; and Eight hundred Horse; the worst in the World; he designs on Naas. Matters standing thus, General Preston On the Nineteenth of October made some Proposals to the Lord Digby, to which he returned this Answer by Sir Nicholas White, That if Preston would submit to the Peace, the Lord Lieutenant would break off the other Treaty; but cannot do it after the Provisions and Country are destroyed▪ because than he will be tied by the Teeth to the Parliament, on whom he must depend for Bread;— That he shall have reasonable Security of Religion, but must decline the extravagant Expectations of the Nuncio; That they shall have the Penal Laws repealed, and not be disturbed in the Possession of the Churches they now have, until His Majesty's Pleasure (cut of Restraint) be known:— And for security hereof, they shall have the Engagement of the Queen, the Prince of Wales, of the Crown of France, and of the Marquis of Clanrickard; and that Preston shall have a considerable Command; and so shall as many of Owen Roes Officers as will comply:— But an Answer must be sent before the Lord Lieutenant be necessitated to destroy his own Quarters. And this General (Preston) did also send Sir James Dillon to offer the Command of his Army to the Lord of Clanrickard, and that they would submit to the Peace, if they might be secured in their Religion. But as Clanrickard would not▪ meddle without Ormond's Consent, so Ormond began to be shy of Preston, and not to regard what he said, because he had promised him not to shoot a Gun at any English Garrison, and yet he did now assault and take Castlejordan; which breach of his private Promise more sullied his Reputation with Ormond, than did his Contravention of the General Peace. Moreover, whilst they pretended fairly, and talked of Peace, they nevertheless marched on, and destroyed the English Quarters; and therefore when the Lord T●●f on the 23th of October sent a healing Message to the Lord Lieutenant in behalf of Preston, and in order to revive the Peace, he smartly answered, That now they had destroyed his Quarters, and taken several of His Majesty's Castles, and murdered His Subjects without any cause of Complaint, they begin to talk, and but to talk, of Accommodation: And when Preston replied, That the Peace was disadvantageous to the Catholics, and was therefore rejected; the Marquis answered, That Oaths are not necessary to bind one to his Benefit, and therefore are useful only when they oblige to Disadvantage; and if they may for that Reason be violated, all Faith amongst Men is destroyed. Whereupon, on the Thirtieth of October, Preston writes, That he will send the Lord Lieutenant Propositions in two or three days; which accordinly were sent on the Second day of November, and were signed by both the Generals, together with a Letter, as followeth, viz. May it please your Excellency, BY the Command of the Confederate Catholics of this Kingdom, who offer the enclosed Propositions, we have under our Leading Two Armies: Our Thoughts are best to our Religion, King, and Country; our Ends, to establish the First, and make the Two following secure and happy. It is the great part of our Care and Desires, to purchase your Excellency to the effecting of so blessed a Work. We do not desire the effusion of Blood; and to that purpose the enclosed Propositions are sent from us: We pray to God your Consideration of them may prove fruitful. We are commanded to pray your Excellency to render an Answer to them by Two of the Clock in the Afternoon on Thursday next, be it War or Peace. We shall endeavour in our Ways to exercise Faith and Honour; and upon this Thought we rest▪ Your Excellency's most humble Servants, T. PRESTON, OWEN O NEILE. 1. That the Exercise of the Romish Religion be in Dublin, Tredagh, and all the Kingdoms of Ireland, as free and as public as it is now in Paris, in France, or Brussels in the Low-Countries. 2. That the Council of State, called ordinarily the Council-Table, be of Members true and faithful to His Majesty; and such of which there may be no fear or suspicion of going to the Parliament Party. 3. That Dublin, Tredagh, Trim, Newry, Carlingford, and all Garrisons within the Protestant Quarters, ☞ be Garrisoned by Confederate Catholics, to maintain and keep the said Cities and Places, for the use of our Sovereign Lord King Charles, and his Lawful Successors, for the Defence of this Kingdom of Ireland. 4. That the present Council of the Confederates shall Swear truly and faithfully to keep and maintain, for the use of His Majesty and His Lawful Successors; and for the Defence of the said Kingdom of Ireland, the above Cities of Dublin and Tredagh, and all other Forts, Places, and Castles as above. 5. That the said Council, and all General Officers and Soldiers whatsoever, do Swear and Protest to fight by Sea and Land against the Parliamentarians, and all the King's Enemies: And that they will never come to any Convention, Agreement, or Article with the said Parliamentarians, or any the King's Enemies, to the prejudice of His Majesty's Rights, or of this Kingdom of Ireland. 6. That according to Our Oath of Association, We will to the best of Our Power and Cunning, defend the Fundamental Laws of this Kingdom; the King's Rights, the Lives and Fortunes of the Subjects. His Excellency is prayed to make Answer to the above Propositions, at furthest by Two of the Clock in the Afternoon on Thursday next. But it seems, that these Proposals were thought so insolent and unreasonable, that it was not fit to Countenance them with an Answer. In the mean time, the Lord Lieutenant had sent to the Lord Clanrickard, to come to him with what Assistance he could, and this Lord (who was always Loyal, and abhorred the violation of the Peace) did his Endeavour to bring a considerable Party with him, but (as he words it in his Letter of the Second of November) The sharp Sword of Excommunication had so cut his Power and means, that he could bring with him but one Troop of Horse to Tecroghan; however, his Presence was very considerable, and as it gave great Comfort to the Lord Lieutenant, so it gave mighty hopes to Preston, who believed that Clanrickard (who for his exemplary Loyalty would be confided in by one side, and for his Religion might be trusted by the other) was a fit Mediator to reconcile both Parties; and accordingly he applied himself to that Lord; and by the Assistance of the Lord Digby; they brought the matter so far to bear, that on the 12th of November the Lord Digby writes thus to the Lord Lieutenant. Yesterday the Lord Clanrickard and I finished our Negotiations, to which Preston and his Army, and Sir Philem O Neal, and part of Owen Roes Army will submit. You may depend on this Engagement of Preston and his Army, since it cannot be violated without such a Perfidy, ☞ as certainly the Profession of Soldiers and Gentlemen hath never been guilty of. The most that will be expected from you is a Declaration to this effect, That whereas it is well known, even by His Majesty's Printed Letters, that His gracious Intentions were to secure His Catholic Subjects of this Kingdom, in the free Exercise of their Religion, by repeal of the Penalties of the Law against them; which in the last Articles was left out, by the Subtlety of some of their own Party, who intended to found this late mischief upon it, that it was far from His Majesty's intention, or Yours to take advantage of that Omission, but that they may rest as secure of His Majesty's Favour, in the repeal of the said Penalties; as if it had been positively expressed in the Articles, and that for matter of their Churches and Ecclesiastical Possessions; it being referred to the King, it was far from Your intentions to molest them therein, till you knew His Majesty's Pleasure in that particular. As for your Engagement to obey His Majesty's free Commands, the Queen and Prince of Wales, and my Significations to the advantage of the Catholics, during His Majesty's want of Freedom, and that you will not obey such Commands to the prejudice of what is undertaken, as shall be procured by advantage of His Majesty's want of Freedom; Your Letter to the Marquis of Clanrickard will suffice, you must proceed frankly, etc. And this was the Posture of Affairs, when on the 14th of November Commissioners arrived from the Parliament with Fourteen hundred Foot, and other Necessaries for the Preservation of Dublin, which they expected to be given up to them upon the Terms proposed: In what Condition was the Marquis of Ormond now, he had two inconsistent Treaties upon his hands, and both well nigh concluded, and he was in Danger lest his own Army (who abhorred any farther Correspondence with the Irish) would with the Assistance of the Fourteen hundred Men newly come; Deliver up both Dublin and him to the Parliament of England: It is certain, he had need of all that Dexterity and Presence of mind that he was Master of, to extricate himself out of these Difficulties, as he afterwards did. It was never a Doubt with him, whether he should preserve the Kingdom for his Majesty, or submit it to the Parliament; but the Question was, whether an Union with the Irish would do the former, since their Levity was such, as that there could be no dependence upon them; I have seen all the dispatches between Ormond and Digby upon this occasion, and can assure the Reader, that the Lord Lieutenant was prevailed upon against his own Judgement, by the Lord Digbies importunity; and when he did Consent, he foretold the issue of that Reconciliation. But we will first give an Account of the Treaty with the Parliament Commissioners, and then discover the farther Proceed with the Irish. The Lord Lieutenant and Council, being pressed by Enemies without, and Necessities and intolerable Wants in the City, did, on the 26th day of September by Letters to the King, and to the Lord Mayor of London, represent the miserable Condition they were in; and did also send over the Lord Chief Justice Lowther, Sir Francis Willoughby, and Sir Paul Davis in one of the Parliaments ships, to the Parliament of England, with Instructions from himself and the Council, and other Instructions from the Council only. The Instructions from the Lord Lieutenant and Council were: 1. That a Difference ought to be made the between those that were Contrivers, and first Actors of the Rebellion, and those that by the Torrent of that Rebellion were afterwards accidently engaged therein; and that the Confiscatitions of the former were sufficient to satisfy the Adventurers. 2. That they demonstrate the necessity of making the late Peace for the Preservation of the Protestants, for tho' the Protestants do survive the breach of the Peace, the Reason is, because the Irish are now divided, and their Frame of Government dissolved. 3. That before the Peace, they, the Lord Lieutenant and Council did enter into a Treaty with the Parliament Commissioners in Ulster to prevent it, but by the Departure of the Marquis of Argile into Scotland, and of Sir Robert King into England, that Treaty fell for want of a sufficient number of the Commissioners; and that misfortune was followed by the defeat of Monroe and the Scots at Bemburb. 4. That England has received advantage by the Peace; First, by their experience of the perfidiousness and Treachery of the Irish: ☞ And Secondly, by obtaining just cause to use them severely. 5. That the Covenant may not be imposed until it be done by Act of Parliament, that nothing of it may be now imposed, lest it divide the Protestants, and hinder them from a joint prosecution of the War; and for the same Reason the Book of Common Prayer be not suppressed, but let those use the Directory that will. 6. To justify the Government and Conduct of His Majesty's Servants, and to wipe off all Scandals. 7. To preserve the Estates, Persons and Employments of all those that went hence to serve His Majesty in England, and did not join with the Rebels, at least to get them Liberty to compound, or to transport themselves and their Goods. 8. That it be immediately published, we have free Commerce and Traffic with the Parliaments Towns and Allies, and that three or four Ships be sent to Guard our Coasts from the Rebels. 9 That Magazines of all sorts be speedily prepared at Liverpool, Chester, etc. 10. To advise them, that if Succours be not immediately sent, all will be lost, and the recovery of it will cost ten times as much Blood and Treasure, as it will to keep it now. 11. That if the Soldier be not constantly Paid, he will revolt to the better Paymaster; and that the Revenue here does not keep the public Persons and Clergy from want. 11. That Directions be sent to the Parliaments Forces in Ulster, Munster and Conaught to correspond and join with Us. 12. That if they send Forces under their own Officers, Care be taken to Pay ours equally with theirs, to prevent Difference and Mutiny. 13. That Sir Francis Butler, Colonel Richard Gibson, Colonel Henry Warren, Colonel Monk, and Lieutenant Colonel Gibs now Prisoners with the Parliament, Being Men that know the Country, and are experienced in the Service, may be rather sent than Novices and Strangers, or any others: Lastly, Men without Money and Victuals, will do us more harm than good: And if as soon as you are at London, you do not advertise us, that Succours are coming; our Necessities can admit of no delay, but will oblige us to think of some other Course. The Instructions from the Council were. 1. To demonstrate, that the Lord Lieutenant and Officers now employed being experienced, will be more Serviceable to the Preservation and Reduction of Ireland than any others. 2. That we prefer the interest of the Crown of England, before our particular advantage; and therefore rather than our continuance shall hinder Supplies, we will surrender, but because Patentees cannot leave their Places without His Majesty's allowance, and are sworn to that effect; you must declare, that they will resign, So as His Majesty's Direction be therein obtained, and all of them preserved in Persons and Estates, and indemnified from public Engagements▪ and repaid their Disbursements for the public, and be protected for Six Months from private Debts, and have Liberty to transport themselves and their Apurtenances where they please. And Pursuant hereunto, there were two Sets of Proportions delivered to the Agents; the first from the Lord Lieutenant only was, 1. That he would prosecute the War against the Irish Rebels, as vigorously as he shall be thereunto enabled by the Parliament, and will faithfully serve the Crown of England therein. 2. That neither the Forces he has, nor the Forces or Supplies that shall be sent him, shall be otherwise employed, than according to the Directions of the Parliament of England. 3. That he will neither make Cessation or Peace with the Rebels, without Consent of King and Parliament of England. 4. That he will be obliged hereunto by Oath or otherways Competent for a Man of Honour and Conscience. The other Proposals were from the Lord Lieutenant and Council demanding. 1. Three thousand Foot, and Five hundred Horse, which will make up those here to be Seven thousand fifteen hundred Foot besides Officers, and One thousand Horse besides Officers, which at three days Pay in a Week amounts to 8258 l. 12 s. odd. per Month of Twenty eight days, and that three Months Pay for them be sent, and 1000 l. for Contingencies and Ammunition, etc. convenient, and some spare Arms and Swords. 2. That all that have constantly and faithfully served in this War, may be preserved in Persons, Estates and Employments and the like, by those that were for some time forcibly kept by the Rebels; but left them as soon as they could, and the same of those that went to serve the King in England; and the like of so many of the Irish, as are accepted of as Adherents to His Majesty's Protestant Subjects in this Cause. They also wrote to the Speaker of the House of Lords, That they were necessitated to make the Peace, and the Irish broke it, because the British Plantations in Ulster were not subverted: And Secondly, because Popery was not established in its fullness of Jurisdiction and Practice,— That Athlone was surprised,— That they were reduced to Extremity, and referred themselves to the farther report of their Agents, and prayed immediate Assistance. Upon the Receipt of these Letters, the Parliament of England resolved to send Succours as fast as they could; but well knowing, that Ormond and his Party were unmovably fixed in their Loyalty, they resolved not to continue him in the Government▪ but to proceed upon the other Overture, and to send Commissioners over to receive the Sword and Garrisons from him, and that being done to settle such a Chief Governor as they should think fit. And accordingly they did send over Sir Thomas Wharton▪ Sir Robert King, Sir John Clotworthy, Sir Robert Meredith, and Richard Salway Esquire: Who on the 13th day of November arrived in the Bay of Dublin, they immediately sent to the Lord Lieutenant, that they had matters of importance for the Preservation of the Protestants of Ireland to Communicate to his Excellency, and desired his safe Conduct, which was accordingly sent them, and the next day they Landed; and on the 15th, they delivered his Excellency a Copy of their Commission, and of the Ordinance of Parliament, and of their Instructions, which were to this Effect; To assure the Marquis of Ormond, and Earl of Roscomon, etc. that the Parliament would take the Protestants of Ireland into their Protection; and if he would surrender up the Sword and Garrisons in four days, that then Ormond should enjoy his Estate, and have Indemnity from Debts contracted on the public Accounts, and shall be protected against all Debts for a Twelvemonth, that he and his followers may have Passes to go where they please; that Ormond should have Two thousand Pound per annum for five years, and longer if he cannot receive so much out of his own Estate, and that Ormond may live in England if he will submit to all Ordinances of Parliament, and that for a Twelvemonth he may live in England, and shall not be pressed to any Oath; he engaging his Honour not to do any thing disserviceable to the Parliament during that time. Then the Lord Lieutenant demanded, if by the word Protection, it was intended that the Protestants should enjoy their Lives, Liberties, Estates and Employments without Molestation of the Parliament; he also desired to know when the abovesaid four days were to begin, and to what Persons, and to whose use the Sword and Garrisons were to be delivered. The Commissioners answered, They could not explain the word Protection, but doubted not but a fair Interpretation would be made thereof; That the four days commenced 15 November at Nine in the Morning, and the Sword and Garrisons were to be surrendered to them the Commissioners, to the use of the Parliament of England, in order to the Preservation of the Protestants of Ireland. Ormond replied, That he could not remit the Safety of the Protestants to the incertainty of a future Interpretation. The Commissioners then produced an additional Instruction to give such Protestants as they condition withal, except such as have been in the Irish Rebellion, Assurance of Security to their Persons, Estates and Goods in Ireland; and that they may live quietly under the Protection of the Parliament, submitting to the Ordinances of Parliament, and compounding for their English Estates at two years' Purchase. On the Sixteenth of November the Commissioners offered Assistances of Men and Ammunition for the present Defence of Dublin, or Caution they be employed to no other use, and be restored if the Treaty break off. Then Ormond demanded, Whether the Protestants that concluded the Cessation, or Peace, should be interpreted to be in the Irish Rebellion: To which the Commissioners answered in the Negative. And being farther demanded, Whether they expected every protestant should treat for himself, or that Ormond's Treaty should suffice for all, they answered, It should serve for all that submitted to the Parliament within twenty days after notice. Then Ormond asked, Whether it was expected they should submit to all Ordinances of Parliament that were or should be made. The Commissioners answered, He saw the Words, and they had no Instruction to explain them. Lastly, he told them, He found no Instruction about continuing Military and Civil Officers. They answered, They had no Instructions about Civil Officers, but they had power, and did accordingly intent, to employ as many of the Military Officers as should be found fit for the Service. On the Seventeenth of November, Ormond desired their Answer to his Propositions sent into England: But the Commissioners answered, They neither had them, nor a Copy of them, nor any Instructions about them; and therefore they pressed for his Excellencies Answer to their Proposals. The Marquis replied, That if they would declare that they had no larger Instructions than those that were showed, he would give a positive Answer. But they, on the Eighteenth of November, desired to be excused from that Discovery. Whereupon Ormond demanded, Whether they had His Majesty's Order for delivering up the Sword and Garrisons. They answered, They had not. Then says he, Since you bring no Answer to my Propositions; Nor Security to any Protestants as you shall Condition withal; Nor can inform us what those Ordinances of Parliament are, we must submit unto; Nor any ways secure such Papists as always adhered to the Government; Nor give any Assurance to the Officers Military and Civil, for their Continuance; Nor take any notice of the Protestant Clergy: Nor bring His Majesty's Orders; It is not consistent with my Duty to part with so great a Trust in such a manner, without the King's positive Command. The same day the Commissioners replied, That all Protestants (not having been in the Irish Rebellion) should be included in this Treaty, and have the full Benefit of the Instructions; and that all Ordinances of Parliament shall be construed, such as those who have not offended the Parliament do submit to: And the Composition for Estates in Ireland shall be in the same manner as is used in England; provided it be done within Six Months: That they were willing to enlarge his 5000 l. to the Sum he demanded in his Proposition, viz. 13877 l. 14 s. 9 d. That they had power of Granting Pensions, not exceeding in toto 2000 l. per An. to continue till the persons can receive so much out of their own Estates, which they will apply as he thinks fit. On the Nineteenth of November, Ormond answered, That still the Loyal roman-catholics were not secured, nor the Civil or Military Officers provided for, nor the Clergy considered; That the Covenant is enjoined by one of those Ordinances of Parliament; That the procuring His Majesty's Directions was the first Article of his Propositions to the Parliament; it is the first and fundamental Condition, from which he cannot recede, in regard of his Oath when he took the Sword, and the rather because by surrendering the Government the Irish Parliament will be dissolved, which is the greatest and best Security of the Protestants. Hereupon the Commissioners desired a Conference; and tho' there was but half an hour of the four days expired, yet the Marquis consented to a Conference, which was to this effect, and was the next day, by the Commissioners, reduced to Writing. That Ormond had waved his first Propositions (to continue in the Government, etc.) by the Second Overture to Surrender, and had notice, That the Parliament proceeded upon that second Overture; That their Concessions are more ample in some points than his Demands, and where they are less or doubtful, they will represent it to their Employers in the best manner for his Lordship's Satisfaction. That as to Loyal roman-catholics, the Parliament did not take Cognizance of any such, and 'tis not probable that their number can be considerable, and if they have committed no Crime, they need not question their Security: That they had power to protect all that would come under Contribution, ergo Papists; and they will also favourably recommend their Case to the Parliament. That as to Civil Officers, they have no Instructions about them; if they are Offenders, they cannot expect Security in their politic Capacities, but shall have it in Person and Estate. As for Military Officers, it must be an extraordinary Cause shall displace any of them, but it would be of ill Consequence to stipulate their Continuance; And that to Clergy and Officers the Pension of 2000 l. per An. should be distributed. That there is no Ordinance of Parliament enjoins taking the Covenant in Ireland; nor have they any Orders to suppress the Common-Prayer, and impose the Directory. That if his Lordship were continued chief Governor, he must submit to Ordinances of Parliament. That his Lordship's Importunity for Speedy Supplies did not afford time to get the King's Orders. That his Letter to the King, that he would treat with the Parliament, had no Clause desiring an Answer, knowing That the necessity and prudence of the Action would oblige the King's Approbation. That in his Lordship's Propositions to continue the Government, he offered to put all under the Protection of the Parliament, without mention of His Majesty's Directions. And that the King's Orders were not necessary, because the Management of the War of Ireland was by Act of Parliament delegated to both Houses. That Oxford surrendered without the King's Orders. That the Protestant Religion, and the Blood of many Thousands of Protestants which are in hazard by breaking this Treaty, exceedingly overbalance the Punctilio of having positive Orders in this Case: And that his Lordship's Oath is better observed in concluding than dissolving this Treaty. To all this the Lord-Lieutenant replied, That the Protestants in general, and particularly the Officers and Clergy, were concerned in his Proposals; and if the Parliament had proceeded upon his own Propositions of continuing the Government, the King's Consent, or so much Security or Provision for his Loyal Subjects, had not been necessary, because it would in a great measure lie in his power to do Right to King and Subject: But since they proceeded upon his Second Overture, (viz. of surrendering the Sword) the first Article of that Paper was to obtain the King's Directions, and the rest were for the Security of his Loyal Subjects in their Persons, Estates, and Employments; none of which is effected. As for the Loyal Papists, (whose number and Quality are considerable) there is no satisfaction given: For the Answer that the Parliament took no Cognizance of them is the reason of the Demand; and to say, That the Innocent need not fear, affords but small Security: And the Protection given those under Contribution, is what is extended to submitting Rebels, and is not sufficient for Loyal People that deserve more Countenance; and the rather, because the rest of their Religion in Ireland have been Faulty. That as to Civil Officers, There is no manner of Security, as to their Employments; and to Military Officers, not sufficient; and the rather, because many of them have fought against the Parliament in England, and done other disobliging Acts to them. That the power of granting a Pension of 2000 l. per An. cannot be applied to Officers or Clergy, but to Men of Estates that are dispossessed, as appears by the Limitation of its Continuance, viz. until they can possess so much of their own Estates. That the Covenant hath been already pressed and imposed in all parts of Ireland that are under the power of the Parliament; and therefore they must be secure against that; and if there be no Ordinance of Parliament to impose it, the Commissioners may the better undertake it shall not be imposed. That tho' his Lordship, if he were to continue the Government, would submit to Ordinances of Parliament that relate to Government of the Army, or the like, yet he would not to Ordinances of Religion, against his Conscience; and doth not scruple now that the people shall be obliged to Ordinances of the former sort; and the Commissioners Declaration, That they intent no other, will give Satisfaction in this point. That there was time enough to get the King's Orders.— That the Delivery of Oxford was forced by Extremity, and yet was not done without the King's Direction. That Inferences must not be made against any thing that is expressed: And besides the first Article, To procure His Majesty's Direction, the Seventh Article Mentions, That if in the mean time, till they can get the King's Orders, they supply the Garrisons, it shall be well husbanded, etc. So that this Matter is fully and doubly expressed in those Proposals. And lastly, There is no Satisfaction given about the Dissolution of the present Parliament in Ireland, which would be the Ruin of the Protestants of that Kingdom. But because the Kingdom might not be deprived of the Supplies the Commissioners brought, and that neither side may be prejudiced until the King's Pleasure may be known, and their Instructions from the Parliament enlarged, the Lord-Lieutenant proposed. 1. That the Officers and Soldiers may be landed, and put in one or more Garrisons, and to receive Orders from his Excellency and the Governor of the place, and submit to the Martial Law. 2. That 3000 l. be lent his Excellency, to support the Army, ⅔ Money, and 1/● Victuals. 3. That the Commissioners engage their Soldiers shall remove at the end of six Weeks, unless an Agreement be made in the mean time, and till then do no Prejudice to the Government. 4. That his Lordship will engage they shall have free Egress, etc. at six Weeks end. But the Commissioners, thinking that the Exigencies of the City and Army, and the danger to lose both, would force the Lord-Lieutenant to comply, refused these Proposals, and repeated, That his Lordship had offered to the Parliament, to put all his Forces and Garrisons under their sole Command, the King unconsulted with therein; which his Lordship did, by his Letter of the Two and Twentieth of November, positively deny. And so this Treaty broke off, and the Commissioners carried their Men and Supplies to Ulster. But though the Lord Lieutenant had a fair excuse for refusing the Parliament Commissioners, since they did not bring His Majesty's Orders according to the express mention thereof twice made in his Propositions, yet he was very uneasy in regard of the Protestants under his Command; and accordingly in answer to one of the Lord Digbies importunate Letters he thus exp●esseth himself: Nou. 18. 1646. It is an hard Task I have to break with the Parliaments Commissioners, and keep my Reputation with my own Party, to whom these Commissioners offered Security in their Fortunes, Supplies in their Wants, and Assistance against the Irish, that have destroyed them in all the Interests that are dear to Men; besides, I must persuade my Party to return to intolerable and inevitable Wants, and to rely once more upon the recently broken Faith of the Irish. And in the same Letter he excepts against letting the Irish into Garrisons, and against promising to obey the Orders of Queen or Prince, and against the words Free Exercise of Religion: To all which, the Lord Digby gave plausible Answers on the 20th, and writes, That Preston languished for his Commission, and that he need do no more than writ a kind Letter to that General; and so at length he was overcome, and did on the 25th day of November writ to Preston, and the next day gave a Commission to Clanrickard to be Lieutenant General of the Army, and he was received as such by General Preston's Forces drawn up in Battalia. The Terms of this new Reconciliation appear in the Marq. of Clanrickard ' s Engagement, Appen. 33, which one would think is as full as could be desired; however the Nuncio and his Minion Owen Roe were not satisfied with them; the Nuncio on the 20th of November urged the Marquis of Clanrickard, That the Churches of Dublin might be included in his Engagement; but Clanrickard replied, That it is more plausible to refuse Obedience to the King till he become Catholic, than until (being a Protestant) he refuse to part with his own Churches. Your Grace (said he) ought to content yourself with the Glory of Settling all the Garrisons, and in a manner all the Power in the Kingdom in Catholic Hands, and to have secured the Catholic Religion with at least as great Extent, and as great Freedom and Lustre under a King of a different Faith, as that of his own Profession. However it is not doubted but the Nuncio did secretly * Nuntius Prestonio mandat, ut f●●dus cum prorege renovet. Beling 38. promote this Pacification, not with a design it should stand, but in expectation of these three Advantages: 1. That being by Sickness and want of For●●ge necessitated to raise the Siege, this Agreement would make their Retreat safe, which else might be dangerous, Ormond's Horse being much better than theirs. 2. The Disappointment of the Parliaments Commissioners would make an everlasting Feud between them and Ormond. And, 3. Preston's Forces, being in the English Garrisons, might find an opportunity to master some of them. Nevertheless it was necessary that Owen Roe should decline the Agreement, for else all the Kingdom would have complied with it, as believing that the Nuncio wanted either Power or Will to oppose it; and therefore on the 17th of November he decamped, and marched into the Queen's County, where he ravaged over the Country, and destroyed all that he could not keep. But Preston stayed in the Camp, and on the 27th of November received the Marquis of Clanrickard as Lieutenat General of the Army, and was himself made Major General, and he and his Officers signed the Engagement, mentioned Appendix 34, to obey the Peace, and by Letters under his own Hand invited the Lord Lieutenant to march with him to Kilkenny and Waterford to reduce those Cities to conformity, which he said would be effected by his Excellency's Appearance only before those places; whereupon Ormond co●●●nted, but was by Sickness detained for some few days from the intended March. But contrary to his expectation, General Preston decamped, and on the second of December, from Naas, writes to his Excellency That the necessities of his Army forced him to withdraw thither, where he stayed to expect his Lordships farther Commands: And the same day Ormond replied, That he would certainly meet him at Castledermond that day seven-night with 600 Horse and 600 Musquetiers, and that he will cause Commissions to be prepared, with blanks for the Names of Preston's Officers, to whom he will give proof of his full confidence in them, and value of their Merit and loyal Affections; and for Preston himself, that he should have all the Power with the Lord Lieutenant that he could desire. And thus Matters stood in a fair Correspondence between his Excellency, and General Preston, when on the 9th of December the Marquis of Ormond, accompanied with the Marquis of Clanrickard, marched out of Dublin with his small Party, in the nature of Guards, towards the place of Rendezvous, and I doubt not but the Reader is full of Expectation to find General Preston there also; but alas! the Scene was changed, and the Case was altered, for the Council and Congregation at Kilkenny had on the 24th of November declared against this new Reconciliation, as Appendix 35, and the Nuncio did so influence General Preston and his Officers, (by alleging, That the former Treaty and Engagement were not binding, being concluded without the Consent, of a General Assembly, which only had the Cognisance of Matters of so great Importance,) that he prevailed with them to Apostatise from their Solemn Engagement so lately entered into, and to write this bald Excuse to the Marquis of Clanrickard, That his Officers were not Excommunication-Proof. And on the 15th of December the Council and Congregation of the Confederates not taking any notice of any Peace or Agreement that had intervened, 1646. published the following Declaration. By the Council and Congregation. WHEREAS the Cessation of Arms between us and the adverse Party is long since determined, and for that the Enemy in Dublin is now advanced into the Field, committing daily acts of * Though really they committed none, but paid for whatever they had. Hostility: We therefore Declare, Order, and Appoint, That all Generals, Captains, and other Officers and Soldiers whatsoever, of all and every the Armies of the Confederate Catholics of Ireland, and all and every Party and Parties of them, either now together in Body, or in their Winter Quarters, shall and may KILL and Endamage the most they or any of them may, of the Enemy aforesaid, and against them or any of them use and exercise all manner of acts of Hostility. But General Preston, by his Letter of the 19th of December; from Waterford, endeavoured to excuse this Apostasy, and laid the fault upon his Officers; and yet on the 22th of the same Month he published a Declaration in Print against the lately renewed Peace, ☞ to this effect: That since the Engagement, made by the Marquis of Clanrickard, doth not yield sufficient Security for the Free Exercise of Religion, etc. as by the Congregations * Appendix 35. Annotations thereon doth appear; and since a Resolution was taken, not to receive any of his Forces into the Garrison of Dublin, according to Agreement, unless these Objections may be satisfied by the Enlargement of farther Grants that may satisfy the Council and Congregation, he thinks himself obliged by the Oath of Association to obey the Council, Congregation, and General Assembly. Whereupon the Lord Lieutenant, by his Letter of the 5th of January, acquaints him, That however things have not sorted to his Expectation, or to what he understood to be Preston's Obligation; yet he was far from believing, that Preston had any design so unbecoming a Man of Honour, as to make use of the Credit given by Ormond to his Invitation, to the Lord Lieutenants Prejudice, or for the Improvement of Preston's Conditions with another Party, which makes him confident, that a Printed Paper, Entitled, Preston's Declaration, etc. and dated but three days after the former Letter of the 19th of December, being so contrary to the Expressions therein, must be a Forgery; at also the Reports that some of Preston's Forces are gathering together at Castledermond, to interrupt his Return, or destroy the remainder of his Quarters, yet he desires Satisfaction from Preston's own hand in those Particulars: And accordingly General Preston did, by his Letter of the 15th of January, own his Declaration, for which (he writes) he had good Reasons, to be imparted at a more convenient time, but disowned that he had any hand in disturbing his Excellency's Quarters, or interrupting his Return. But that the Reader may perceive, that this Perfidiousness was not unexpected, I must insert a short Passage in a Letter of the Lord Lieutenants to Colonel John Humilton, dated at Lucan, before he knew of Preston' s Relapse, and it was thus: That I may leave no means unattempted to prevent the Ruin of His Majesty's Affairs, whilst I have a hand in them, I have undertaken an Expedition, whereunto I was invited by a considerable Party of the Irish; but I confess, I go rather to leave them for ever unexcusable, if they should fail me, than that I have any assured Confidence of Performance; such are the Impressions their former Failures have left in me. But because it may be thought hard, that the Confederates should be judged by the Sentiments of Protestants, it is therefore necessary to show, what Opinion such of the Roman Catholics as were loyal had of their Proceed, and the Reader may find it at large in the Marquis of Clanrickard's Letter, Appendix 37. But Ormond, either because he considered the Poverty of the City of Dublin, or that being thus a second time deceived by the Confederates, he was ashamed to return hither, did march his small Army into Westmeath, being the Enemy's Quarters, and there he kept a melancholy Christmas; and though he used no Hostility, but paid for every thing, so that the Country seemed pleased with them, yet the Captain and Lieutenant of his Excellency's Guards (sta●ing behind the rest) were murdered upon the Highway by some of the Irish; and on Christmas Day the Lord Lieutenant wrote to the Lord Digby, (then intended for France) as followeth. I Shall beseech you to be careful of one thing, which is, to take Order that the Commands that shall be directed to me touching this People, (if any be) thwart not the Grounds I have laid to myself in point of Religion, for in that, and in that only, I shall resort to the liberty left to a Subject to Obey by Suffering, and particularly that there be no Concession to the Papists to perpetuate Churches or Church-livings to them, or to take Ecclesiastical Jurisdiction from us: And as for other Freedoms from Penalties for th● Quiet Exercise of their Religion, I am clear of Opinion it not only may, but aught to be given them, if his Majesty shall find cause to own them for any thing but Rebels. However, whilst Ormond continued at Trim, the Lord Muskry, and some others, (that abhorred the breach of the Peace) gave him hopes, That in the General Assembly, which was to meet the 10th of January, Matters would be better ordered, and desired him patiently to expect that, and proposed a short Cessation, which was afterwards (at Dublin) agreed unto. To this Assembly, the Lord Lieutenant sent the Lord Taaf and Colonel John Barry▪ with a most excellent Letter, expostulating the Violation of the Peace, and telling them, That they were irrecoverably betrayed to Infamy, if they neglect this opportunity offered to vindicate themselves, and exhorting them to a speedy and effectual Confirmation of the Peace; but the Assembly had determined the Point the day before they came, and so the Letter was never delivered. For this extraordinary Juncto, or General Assembly, which was totally governed by the Nuncio, did on the very first day of their Meeting receive a Paper of Unreasonable Proposals from the Congregation of their Clergy, viz. To have all manner of Jurisdictions, Privileges, and Immunities, as amply as they had in the Time of Hen. VII. and to have all the Church-living, etc. conferred upon them. And on the Fifteenth day of January they wrote to the Lord Lieutenant to keep his Forces within his own Quarters; and on the Second of February they published a frantic Mixture of a Declaration, containing Two very contradictory things, Vide the Declaration, Appendix 36. viz. First, That the Commissioners had acted honestly, and pursuant to their Instructions, in making the Peace; and, Secondly, That the Nuncio and Clergy had done well in breaking it. And they farther declared, That they might not accept of that Peace, but did protest against it, and declare the same invalid, and of no force, to all intents and purposes: As also, That the Nation would not accept of any Peace not containing a sufficient and satisfactory Security for the Religion, Lives, Estates, and Liberties of the Confederate Catholics. And what they understood to be sufficient, appears by the Propositions published by the Congregation at Waterford, which they had caused the People to swear they would insist upon: And the Reason they gave for this Procedure was as strange as the Act, viz. That Glamorgan ' s Articles gave them better Conditions: Whereas those Articles were disavowed and rejected by the King, and even by the Earl himself acknowledged not to be binding both because of the Defezance, and the Failure in sending Succours according to Promise. And the Confederates likewise had admitted that Agreement void, by embracing a subsequent Peace on other Terms. Nevertheless, this Assembly was so violent against the Peace, that some of them attempted to Disband General Preston, because he was more moderate, and better inclined to it than they: And to that end the Bishop of Fornes brought in an Impeachment against him; but Preston's Friends were so loud upon that Point, that the Bishop was fain to withdraw his Accusation; Ad gladios & pugiles in ipso Senatu ventum fuisset. Beling. 39 or else they had gone to Cuffs even in the very Assembly. Nevertheless, when they had talked themselves out of breath, they began to find the Necessity of putting a better Gloss upon what they had done; and therefore they resolved to propose Terms of Accommodation, that at least they might have it to say, that Peace was refused them: And so on the last of February they sent Dr. Fennell and another with sufficient Credentials, to Treat with the Lord Lieutenant, and to make Proposals unto him; but it was plain, that their Design was to amuse the World, and to asperse his Excellency with the Noise of this Treaty, and the Pretence that they offered Reasonable Conditions, and that therefore he was not necessitated to surrender to the Parliament, but should rather have complied with them; for they not only refused to reduce those Proposals into Writing, but also denied to sign the Substance or Extract of them when written, altho' they could not deny, but that it was truly taken as they had dictated. But it is fit that the World should know the Unreasonableness of these very Proposals, which were to this effect: 1. That each Party should continue Independent. 2. That they should join in a War against the Common Enemy, (meaning the English Protestants that adhered to the Parliament) and that neither Party should make Peace or Cessation, or use Traffic or Commerce with them, without the others Consent. 3. That Dublin and other Garrisons might be secured (by their Soldiers) against the Common Enemy. 4. That all Papists in English Quarters have free Exercise of their Religion; that is, (as they afterwards explained it) the Churches and Church-livings, and Exemption from the Jurisdiction of the Protestant Clergy, in all Places (except Dublin) where the greater number of the Inhabitants are Catholics. 5. That no body be permitted to live within English Quarters, but such as will swear to this Accommodation. And, 6. That if both Armies join in any Expedition, nevertheless they are to be Commanded by their own respective Commanders, etc. But these Proposals being made known to the Privy-Council, they did unanimously and with scorn reject them; and the Lord Lieutenant did on the 22th of March, 1646. writ to the Supreme Council, That he could not comply with their Propositions in the manner they were proposed. And so the Assembly was on the Third of April adjourned to the Twentieth day of November following. And now what could be more amazing, than to see a People, and especially the Nobility and Gentry of a whole Kingdom, many of which had good Breeding and good Fortunes, give up the Conduct of their Reason, as well as their Consciences, to the wild Ambition and Covetousness of the Clergy? Men who ventured nothing by their preposterous Attempts to set up their Religion; for in all Events they were to find Welcome abroad, and to be reverenced even for being vanquished: But for those Gentlemen who had no certainty of Subsistence elsewhere, how imprudent was it towards their lawful and indulgent King, whose Pardon they so much needed, to require from Him such Conditions in Matters of Religion, as by the Advantage it gave to His other Enemies, in whose Hands he was, must take from Him more than their Assistance could afford, and by this foolish Stratagem weaken and diminish that Power by which only they could be saved? Nevertheless, they did in this manner trample upon the Peace, not only in a Heat, but in Cold Blood, and thereby rendered all future Expectations vain, and their own Condition irreparable. But let us return to the Marquis of Ormond, who was astonished at this foolish Procedure of the Irish: He had already received Orders from His Majesty, That if he could not keep Dublin, he should rather surrender it to the Parliament, than to the Irish; and he very well understood the Sentiments of the Protestants of Ireland: For altho' some of them were very fearful of the Covenant, and many of them had great Jealousies and Suspicions of each other, yet all agreed against the Common Enemy, and in their Abhorrence and Mistrust of the Irish; so that the Privy Council represented to his Excellency, That they had deserved as well of the King as Subjects possibly could, either by Doing or Suffering; and therefore they hoped he would not expose them to the Mercy of their cruel and hereditary Enemies, ☞ who by their late Perfidiousness had made themselves incapable of Trust; and therefore they desired him again, to Treat with the Parliaments Commissioners, who would at least perform the Conditions they promise, which could not be relied on from the Irish. And it is said, That his Excellency did rather incline to this Advice, because he knew that the Design of many in this Irish Rebellion was entirely to alienate the Kingdom of Ireland from the Crown of England, P. W. Remonstrance, 583. and to extirpate not only the Protestants, but also all the English, tho' Catholics; That the Nuncio-Party designed to separate it from England. and to put Ireland under the Protection of some Foreign Prince, unless they could advance one of the Old Irish Families to the Throne. And accordingly Mr. Anthony Martin, in the last General Assembly, did propose to call in some Foreign Prince for Protection. And so the Lord Lieutenant and Council being reduced to so great straits, that they had but Seventeen Barrels of Powder le●t, and no Magazines either of Stores or Victuals, nor any Money, either to buy more, or to pay the Army, did agree to resign the Kingdom to the Parliament, for these Reasons. 1. It was observed, ☜ That no Exercise of the Protestant Religion was so much as tolerated, where the Confederates had the Command; and that if all the Churches in His Majesty's Quarters should be given, or suffered to be taken to the Use of the Romish Religion, it would too much countenance the Reproaches of His Majesty's Inclinations to Popery, and might be dangerously applied by those who had His Majesty's Life in their Power. 2. That it could not be for His Majesty's Honour, to have those Subjects and Servants who had stuck to His Cause, after all besides was lost in His Three Kingdoms, to be at last subjected to the Tyranny of those who then ruled among the Irish, whose Persidy was so manifest, and their Malice so great, as to give Rest to the Parliament Forces, and to unite all their Power against those only who had carried Peace to their very Doors. Lastly, It was known how many Agents the Irish had employed abroad, and what Public Ministers had Reception with them; as from the Pope, the Kings of France and Spain: That if the Garrisons now held were put into the Hands of the Two Houses of Parliament, they would revert by Treaty, or otherwise, whenever His Majesty should in England recover His Rights; but if either given or left to these Confederates, there was little hopes of Restitution, while any Foreign Prince should think his Affairs secured or advanced by consuming the Blood and Treasure of England in this Dispute. And so on the Fifth of February they made an Act of Council, which recites their sad Condition, and empowers the Lord Lieutenant to renew the Treaty with the Parliament, for the Surrender of Dublin, and quitting the Government. And accordingly, his Excellency did the next day write to Wharton and Salway, two of the Parliament Commissioners, That he was now satisfied in the Point he scrupled at, viz. the King's Orders, and therefore was willing to surrender the Government on the Terms formerly proposed, and desired that Succours might be sent immediately. Hereupon the Parliament did order, 3 March. That if Ormond would give one of his Son's Hostage for Performance, together with the Earl of Roscomon, Colonel Chichester, and Sir James Ware, that then coot Regiment of Horse, and Monroes and Fenwick's Regiments of Foot, (at that time in Ulster) should march to his Assistance; and that the Lords of Insiquin and Ardes should give the Enemy Diversion. And accordingly, the Lord Richard Butler (afterwards Earl of Arran) was sent Hostage to Chester, and the aforesaid Three Regiments were received in Ormond's Garrisons, and the Lord Insiquin sent his Excellency Twenty Barrels of Powder and half a Tun of Match; and on the Seventeenth of March the Earl of Roscomon, Colonel Arthur Chichester, and Sir James Ware were sent to the Committee at Derby-house, to be Hostages for Performance of the Agreement with the Parliament, and to solicit, That Papists always adhering to the King, and Papists that got out of the Rebels Quarters as soon as they could, and Papists remaining in the Rebels Quarters, that have showed constant good Affections, etc. may be indemnified:— That Ormond may have leave to wait on the King, and that the other Lords and Gentlemen may have Possess to go through England:— That Ormond may have leave to transport as many Papists to foreign Service, as will go with him, for which Liberty he will remit Ten thousand Pound.— That not Oaths, other than those of Fidelity, may be imposed on any Protestant; and that the Common Prayer, and their respective Employments may be continued to them.— But they were told by the English Committee, That they were Hostages and not Commissioners. And on the same 17th day of March, the Parliament of Ireland, which had before made an Address to the Parliament of England for Protection, (quod vide Burlace 178) did remonstrate their Gratitude to the Marquis of Ormond, in the following Address, signed by the Speakers of both Houses. The Remonstrance of the Lords Spiritual and Temporal, and Commons in Parliament assembled, declaring the Acknowledgement of their hearty Thankfulness to the most Honourable James Marquis of Ormond, Lord Lieutenant General of Ireland His Excellency. WE the Lords and Commons assembled in Parliament in Our whole Body, do present Ourselves before your Lordship; acknowledging with great Sense and feeling your Lordship's singular Goodness to Us the PROTESTANT PARTY, and those who have faithfully and constantly adhered unto them, who have been preserved to this day (under God) by your Excellency's Providence and Pious Care, which has not been without a vast Expense out of your own Estate; as also to the hazarding of your Person in great and dangerous Difficulties: And when your Lordship found yourself (with the Strength remaining with you) to be too weak to resist an insolent, (and upon all Advantages) perfidious and bloody Enemy, rather than we should Perish, You have in your Care transferred Us into their hands that are both able and willing to preserve Us; and that not by a bare casting Us off, but by complying so far with Us, that you have not denied our Desires of Hostages, and amongst them, of one of your most dear Sons; All which being such a free Earnest of your Excellency's Love to our Religion, Nation, and both Houses, do incite Us here to come unto you, with Hearts filled with your Love, and Tongues declaring how much We are obliged to your Excellency, Professing our Resolutions are with all real Service (to the utmost of our Power) to manifest the sincerity of our Acknowledgement and Affections unto you, and to perpetuate to Posterity the Memory of your Excellency's Merits, and our Thankfulness. We have appointed this Instrument to be entered into both Houses, and under the Hands of both Speakers to be Presented to your Lordship. 17th die Martii 1676. Intr. per Va●. Savage, Dep. Cler. Parl. Rich. Bolton, Canc. Maurice Eustace, Speaker. Int. 17th. die Martii 1676. per Philip Fernely, Cler. Dom. Com. To which his Excellency returned the following Answer. My Lords and Gentlemen, WHAT you have now Read and Delivered hath much surprised me, and contains matter of higher Obligation laid upon me by you, than thus suddenly to be answered; yet I may not suffer you to departed hence, without saying somewhat to you: And first, I assure you, that this Acknowledgement of yours is unto me a Jewel of very great Value, which I shall lay up amongst my choicest Treasures; it being not only a full Confutation of those Calumnies that have been cast upon my Actions, during the time I have had the Honour to serve His Majesty here, but likewise an Antidote against the Virulency and Poison of those Tongues and Pens; that, I am well assured, will be busily set on Work, to traduce and blast the Integrity of my present Proceed for your Preservation. And now, my Lords and Gentlemen, since this may perhaps be the last time, that I shall have the Honour to speak to you from this Place; and since that, next to the words of a dying Man, (those of one ready to banish himself from his Country, for the good of it) Challenge Credit; give me leave before God and you here to protest, that in all the time I had the Honour to serve the King my Master, I never received any Command from him, but such as spoke him a Wise, Pious, Protestant Prince, zealous of the Religion he professeth, the Welfare of his Subjects, and industrious to promote and settle Peace and Tranquillity in all his Kingdoms; and I shall beseech you to look no otherwise upon me, than upon a ready Instrument, set on Work by the King's Wisdom and Goodness for your Preservation; wherein, if I have discharged myself to his Approbation and yours, it will be the greatest Satisfaction and Comfort I shall take with me, wherever it shall please God to direct my Steps. And now (that I may dismiss you) I beseech God long, to preserve my Gracious Master, and to restore Peace and Rest to this aifflcted Church and Kingdom. But it is necessary to cast an Eye upon the rest of the Provinces, and first on Munster, where we shall find, that the Castle of Bunratty was surprised by the English in the close of the last Year; and that the Earl of Glamorgan with Three thousand of the Men designed for England, was gone to recover that place, he possed himself at Six-mile-bridge, and made that his Camp and his Magazine, but in the beginning of April the Garrison sallied and killed Captain Magrah, and many of the Thomond Men, and beat their Party, and not only burned Six-mile-bridge, but scoured the whole Country to within Three mile of Limerick. Hereupon Glamorgan appointed a Rendezvouz at Clonmel, designing to make a Second Attempt, but whilst he was contriving to impeach and imprison the Lord Muskery, that Lord by his Interest and Diligence was too hard for him, and obtained the Command of the Army, which he presently conducted to the Siege of Bunratty; nevertheless, that place held out Six weeks after he came before it, and at last surrendered upon honourable Articles. The Supreme Council removed to Limerick, to Countenance this Siege, and Insiquin, to divert it, ravaged over all the Country to the very Gates of Limerick, until the Earl of Castlehaven, in pity to the Confederates, gathered 1000 Horse; whereby Insiquin being hindered from farther Preying the Country, was obliged to return to his Garrisons; and in the mean time the Lord Broghill took the Lord Muskrye's strong Castle of Blarny, which was more than a Counterpoise for his Success at Bunratty. And what was done the rest of the Summer in Munster, I do not any where find, saving that the Lord of Insiquin took the Castle of Piltown; but that on the Twentieth of February the Lord Lisle (the Parliaments Lord Lieutenant) arrived at Cork with 30000 l. in Money, seven Pieces of Battery, 1000 Muskets, and 100 Barrels of Powder: He did his utmost to amend whatever he found in disorder, and in March visited Tallow, Lismore, Formoy and Youghall, and had Knockmone delivered unto him; but when he returned to Cork, he began to be jealous of Insiquin, and spent some of his time in fruitless Endeavours to displace him. And in Ulster I find nothing more done, than what hath been already related of the Battle of Bemburb, saving that the Commissioners, in the later end of October, whilst Owen Roe was at the Siege of Dublin, and to divert him from it, sent out Seven hundred Horse and Dragoons from Lisnegarvy, and they ravaged over the Counties of Cavan, Monaghan, Louth, and Westmeath, and destroyed Owen Roes Quarters, and burned many of his Villages, and abundance of Corn, and demolished Carickmacross; and after a Fortnight's stay abroad, they brought home as many Cattle, and as much other Plunder, as they could drive, or carry. As also, That the Lagan and Eniskilling Forces being joined, met Owen Roe near Clownish, and gave him a small Defeat. And as for Conaught, it seems that General Preston took Roscomon about Midsummer, and reduced most part of that Province; for on the Tenth of December Mr. Annesly, Sir Adam Loftus, Sir John Temple, and Sir Hardress Waller, being then in England, made a Report of the State of Ireland to the Parliament, as followeth, viz. That all Leinster opposes the Parliament, and so doth Conaught, except Sligo and five or six Castles, wherein the Parliament hath Six Hundred Horse and Fourteen Hundred Foot; but that in Munster the Parliament hath Cork, Kinsale, Youghall and Bandon, and in them Four Thousand Foot and Three Hundred Horse; and that all Ulster is theirs, except Charlemont, Dunganon, and Montjoy, which the Irish have, and Newry and Greencastle, which Ormond hath; and in that Province the Parliament have Eight Thousand Foot in seventeen Regiments, whereof Three Thousand Five Hundred Scots, and Five Thousand old British; and Eight Hundred and Fifty Horse, in seventeen Troops; and that the Irish are well supplied with Horse, Arms, Ammunition, and Men, and have Twenty Thousand Foot and Two Thousand Five Hundred Horse in Arms. But since we have related what the Confederates did at home, it is fit that we should also inquire what they did abroad; which we may give a shrewd Guests at, by the following Papers; the first being an Extract of a Letter sent to the Queen by the Bishops of Dublin, Cashel, and Elphin, in the name of the Congregation, on the Fifteenth of August 1646. The second is part of a Letter to the Marquis of Clanrickard, Dated at Paris the Tenth of February 1646. And the third is an Account of Mr. Jeofry Baron his Embassy to France. THat Glamorgan was, The Letter to the Queen. for this only Reason, imprisoned, That being a Catholic, he was carrying to the King such Catholic Succours as might deserve His Majesty's Favour to himself and the Catholics of Ireland. That the Kingdom being cleared of the common Enemy by the Catholics of Ireland, which we suppose may be easily done this Summer, we may all unanimously go to assist our King. That we dislike the late Peace, because all things are referred to the Pleasure of the King, which we would readily submit to, if he were not environed on all sides with the Enemies of our Religion, and so far off from Your Majesty. And in the mean time the Armies, Garrisons and Jurisdiction of the Confederates, even the Supreme Council itself, are subjected to the sole Authority and Dominion of the Marquis of Ormond, a Protestant Viceroy. But we have no small hopes and Confidence in Your Majesty's gracious and effectual Intercession with the Pope, That Bounds being set to the Protestants, within which their Armies and Government may be confined, they may not disturb the Catholic Religion, the Churches, nor Ecclesiastical Persons or Things. Quoth Glamorganus eo solo capite detrudi in Carcerem, quod Catholicus, ad Regem ferit Catholicorum Subsidia, quibus & sibi & Catholicis Hibernis Regios Favores promeretur. Ut purgata ab Hoste Communi per Catholicos Hiberniae, quod satis facile, ni fallimur, poterat hoc Autumno fieri; unanimos ire ad nostri Regis Subsidium. Pax ideo nobis displicet, quia omnia referuntur ad Arbitrium Suae Majestatis, (i.e. Regis) quod subiremus libentissime, si ab Hostibus nostrae Religionis undequaque cincta, & à MAJESTATE Vestra tam procul non esset. Interim subjici Exercitus, Arma, Castra, omnem Confederatorum Jurisdictionem, ipsum Concilium Supremum, soli Authoritati & Dominio Marchionis Ormoniae, Proregis Protestantis. Non modica nobis restat Spes & Fiducia in Majestatis Vestrae benigna & efficacissima Intercessione apud Summum Pontificem, ut praescripto Protestantibus limit, intra quem eorum Arma & Imperium contineantur, ne Religionem Catholicam, Ecclesias, Ecclesiasticasque personas acres turbare liceat. THE new Agent of the Supreme Council, The Letter to the Marquis, of Clanrickard. Colonel Fitz-Williams, is very violent in his Office: It is believed that Hartegan hath enchanted or infected the Employment, insomuch that all his Successors prove like to him. He, the Colonel, is very liberal in the disposing of Places and Offices in the Kingdom. He told the Countess of Arundel, That he could make the Earl her Husband, if he pleased, Lord-Lieutenant, and 'tis imagined he says the same of the Marquis of Worcester to his Friends, that is, That he shall be Lord-Lieutenant; and this was just Hartegan's way of Proceeding. Shall we never have a discreet Person come from those parts, who may impartially do our Affairs here▪ Such a Party would Advantage and Honour your Country. Colonel Fitz-Williams hath said in great heat, That Dublin should be taken as soon as Mr. Baron returned, and that the Confederates are so puissant that he wisheth with all his Heart that there were in Ireland 40000 English and Scots, that they might have the Honour to beat them. And another said, The Confederates had taken Dublin, if it were not for their Respect to the Queen. Her Majesty declares, That tho' she hath sent Mr. Winter Grant, yet it is only with reference to the Marquess' of Ormond and Clanrickard, to be consulted with; and without their Advice and Consent he is not to engage her Majesty's Authority in any one thing. Colonel Fitz-Williams endeavoureth now, by his Friends, to get a good Opinion in this Court from our Queen, and he clasheth with Dr. Tirrel, and pretendeth at Court, That he suffers for adhering to my Lord of Ormond and our King's Party; however at his Arrival here, Hartegan was not more violent than he was against my Lord of Ormond and that Party. MR. Jeofry Baron landed at Waterford on Friday the Eleventh of March, 1646. and came the next day to Kilkenny; The Account of Mr. Baron's Embassy. and being indisposed two or three days, he came not into the Assembly till the Sixteenth, at which time, being asked for an account ●f his Negotiation, he answered, That for the most part it consisted in the Letters he had brought with him, and made some scruple to communicate them to any other than a sworn Council, because the matter required Secrecy: At length a Committee was appointed to peruse the Letters; and Sir Lucas Dillon, the Chairman, reported from that Committee, That it was requisite the Letters should be read in the Assembly, which was done accordingly. The first was a Letter of 30 January, from Dr. Tirrell, (one of the Irish Agents) importing, That the Repture of the late Peace did at first seem to both the Courts in France to trench far upon the public Faith of the Kingdom; but when some slight Objections were solidly refuted, and full Information given, than the Rejection of the Peace was confirmed by the King and Queen of France, and by Cardinal Mazarine; but when they heard of the Return of the Irish Forces from Dublin, they suspected their Weakness and Division, wherefore he advises them to unite their Forces, and attack that City again, and make themselves Masters of the Kingdom; and thereby they will regain the good Will of the King and Queen of France: And that the Queen and Prince of Wales are coming to Ireland; and advises not to agree upon slight Terms; for when they come, the Irish will have their Wills. The second was a Letter from the King of France, of 26 September, to this effect, That being well informed of the Inclinations the Kingdom hath to him, he will take a particular Care of their Interests, etc. The third and fourth were from Cardinal Mazarine, containing general Promises, and that the Settlement of His Majesty of England would much rejoice the King of France. The Fifth was from Colonel Fitz-Williams, Assuring them, That if they would provide a good Reception from the Queen and Prince in Ireland, most of their Demands would be granted. That the Queen denies to have any Power to treat with the Irish; but that she will send for it. That the French will s●●d Ships for Two Thousand Irish.— That if they aid Antrim in Scotland, the Scots must look to their own Country; and without them the Parliamentarians can do the Irish no hurt. That the Presbyterians and Independents will certainly fall out. That the Irish should not decline any of their Proposals for Peace; for he is sure they shall have all. Only he Supplicates them to leave one Church open in Dublin for the King's Religion, lest the Parliament take Advantage to incense the English against the King, Queen, and Prince, if we should shut all our Doors against them. That the Pope has sent the Irish Forty Thousand Pistols, and Mazarine will send Six Thousand more, etc. These Letters being read, Mr. Baron said his Embassy was on two Points; First, To excuse the not sending Three Thousand Men to the King of France, according to Promise, which he had done to Content; and the second was to solicit Aids from the Queen, which at first she promised sufficient to bring the War to the wished Period? but at the second Audience she was quite off from it, being so persuaded by her Protestant Councillors: And that Cardinal Mazarine sent them Twelve Thousand Livres, which is all he could procure. The year 1647. 1647. began with the * March 30. Arrival of Colonel Castle's Regiment, which was sent by the Parliament to the Marquis of Ormond's Assistance, and was followed by Colonel Hungerford's * April 30. Regiment, and Colonel Long's, and by the Commissioners themselves, who landed the 7th of June, and brought with them 1400 Foot and 600 Horse, and immediately they proceeded to the Treaty, which was on the 18th of June concluded on the Articles mentioned, Appendix 39 And the same day the Marquis of Ormond (Extrema necessitate compulsus, says Mr. Beling, page 47) surrendered Dublin, Tredagh, and his other Garrisons, unto them, but kept the Regalia until the 25th of July, and then delivered up them also and went to England. This Action of the Marquis of Ormond's hath some Resemblance to that of King Henry the 7th, in marrying his eldest Daughter to the King of Scotland, they were both Actions of great Foresight and Prudence; and as the later hath united Scotland to the rest of Great Britain, so the former hath preserved Ireland in obedience to the Crown of England; and therefore the Confederates, especially the Nuncio Party, (whose Designs were diametrically opposite to that which happened) do hate the Name of Ormond above all others, and have written * Deserter of Loyal Friends by Bishop of Fernes, and Vindiciae eversae by John Ponse, and the bleeding Iphigenia, etc. Volumes of Scandals and unjust Reproaches against him, for preferring the English before the Irish, whom they call his own Countrymen. But we must look back, and see what the Confederates did to prevent this Agreement with the Parliament, and in truth they did but little of themselves, for their Talon was greater in breaking Articles of their own making, than those that were made by others: I cannot find they did any thing more than send a Letter of the 28th of March, to Invite the Lord of Dunsany and Sir Nicholas White to a Conjunction with them, and with part of their Army besiege the Castle of Carlow on the 18th of April; of which last, Ormond immediately sent notice both to the Lord Lisle in Manster, and to Monroe in Ulster, in hopes that they would make some Excursions to save the place by Diversion, which they could not, and so it was surrendered upon Articles. But there happened a lucky opportunity (if they would have embraced it) of making a Peace with the King, notwithstanding that some of the Parliament Succours were arrived; for the Parliament Commissioners, when they came over, brought Bills of Exchange that were not authentic, and in the mean time Winter Grant (a Papist, and a subtle Man) was sent over to Ireland by the Queen to hasten a Peace, if possible, and his Instructions in order to it were to be varied, used, or rejected, as the Lord Lieutenant upon the place should think fit, and to deliver or suppress the Letters he had to the Nuncio and to the Confederates as Ormond should advise, by whom he was to be governed in all things, and he brought with him 14 Blanks to be filled up as the Lord Lieutenant should please, and he was to know Ormond's Opinion, whether the Prince should come to Ireland or not? Hereupon Winter Grant on the 15th of April went to the Supreme Council with Directions, to promise the Confederates, That if they agree to a Cessation, the Lord Lieutenant will not receive any more of the Parliament Forces in three weeks from the 18th Instant; but they would not consent to so short a Truce, but on the 10th of May they did write, That they must insist on the Propositions of the Congregation at Waterford, but are willing to make good the Propositions made by Dr. Fennel, and will readily assist to preserve Dublin for the King against the Parliament. And it seems they had wrought upon Winter Grant, for he by his Letter of the 13th of May, presses the Conclusion of the Peace, and offers, that the Irish Armies shall drive back the Parliamentarians. But to these Instances, Ormond returned this Answer to Mr. Grant on the 15th of May; That the two first of Dr. Fennell's * See them ante Page 185. Propositions are fit between Neighbouring Princes in a League Offensive and Defensive, but not between Subjects and their King, and that there is no possibility of a Peace, whilst they insist on the Propositions of the Congregation at Waterford; and that these feigned Offers are for vile Ends, either to Calumniate if we doubt, or Deceive us if we do, Accept them. However, he wrote more moderately to the Confederates, but they never vouchasafed to send him a Reply. And it ought to be noted, That the Lord Lieutenant carried himself so well in this matter, that even the Queen and Prince did approve of what he had done, and in evidence thereof, afterwards sent him over to the Government of Ireland, anno 1648. and Sir Robert Talbot, Mr. Oliver Darcy, Mr. Beling, and Mr. Thomas Dungan, did confess to the Lord Digby, That Ormond could not avoid doing as he did; which I should not have mentioned, Vindiciae eversae 48. but that some of the Confederates in word and in writing, with the greatest Malice and Bitterness imaginable, without considering the King's Directions in the Case, or the insuperable Necessity of that Action, have accused the Marquis of Disloyalty, in delivering up the King's City and Sword to His Majesty's Enemies, and for saying, Si alterutris ex perduclibus necessario tradenda essent se Anglis potius quam hibernis consignaturum Vindiciae eversae 63. That if he must surrender it to any of the Rebels, he would rather do it to the English than the Irish. But perhaps a curious Reader may be inquisitive to know the Mystery of Ormond's keeping the Regalia almost five weeks longer than he did the City, and it was this: There were many Anti-Nunciotists amongst the Confederates, who were willing to leave the Kingdom, and be transported into France under the Command of the Marquis of Ormond, and Monsieur Talon was every day expected with French Ships to that purpose, but he did not come within the time; and after it was expired, Ormond could not obtain licence for their Transportation from the Parment, though it seemed to be their Interest to get so easily rid of so many Enemies. But it is time to attend the new Governors, and see how they handle the Irish, and manage their Affairs: One of the first things they did, was, to reduce the eleven old broken Regiments to seven, under the Earl of Kildare, the Lord Moor, and the Colonels Titchburn, Borlace, Willoughby, Bayly, and Flower, and then they made Colonel Michael Jones Governor of Dublin, and Commander in chief of the Province of Leinster, and on the 20th of June they did by their Proclamation strictly prohibit the Exactions and Free Quarter of the Army; whereupon the Soldiers grew so mutinous, that Mr. Annesley and Sir Robert King were obliged to quit the Kingdom for a time, for fear of Violence▪ and by another Proclamation of the same date, they prohibited the use of the Common Prayer, which occasioned an excellent Petition or Declarat on from the Episcopal Clergy, to be found at large▪ Burlace, Appendix 94. And it is fit we should also inquire, how the valiant Confederates, who did insult so saucily on the Necessities of an Imprisoned King, did behave themselves against the more powerful Parliament, and indeed they began pretty well at first, though they paid dear for it afterwards, for General Jones having marched some Men out of Dublin, was met by General Preston within 12 miles of the City, and beaten back again; whereupon Preston (whose Army was 10000 strong) possessed himself of most of the Out-Garisons, even to within 8 miles of Dublin, and then went to besiege Trim, wherein lay a Regiment of Foot and some Horse under Colonel Fenwick. To relieve this place by diversion, Jones on the 17th of July marched out of Dublin with 1000 Foot and 400 Horse, and burned Castlemartin, and took good Prey from Castlebawne; but the Irish fell upon his Rear near Johnstown and killed Captain Meredith, a Gentleman of clear Valour and great Hopes, and several others, and had destroyed them all, if this Retreat had not been managed with excellent Conduct and extraordinary Courage. And though some Men's Courage, like a Fever, proceeds rather from Distemper than Constitution, and acts distractedly whilst it is in ferment, but is soon allayed and suppressed; yet true Valour is like Fire, the more Oil is cast upon it the more it flames; and true Fortitude is so far from being daunted by Adversity, that it is rather thereby stimulated to new Encounters. And thus it was with Jones, who disdained these Baffles he had received from the Irish, and was resolved to regain his Reputation, and retrieve the Glory of his Nation, or die; and accordingly on the first day of August he drew out two Regiments of Horse and 3800 Foot, half starved Soldiers that were ready to mutiny for want; he had also some Artillery, and what else he thought requisite to relieve Trim. But Preston having notice of this March, raised the Siege, and designed to get between the English and Dublin, and so to have surprised that City, whilst the other relieved Trim; but Jones (being reinforced by Sir Henry Tichbourn from Tredagh, and Colonel Moor from Dundalk, Colonel Conway, and some Scots and others, from Newry, Carling ford, etc. amounting in all to 700 Horse and 1200 Foot,) followed Preston, who (besides what the Lord Dillon of Costilogh and the two nugent's brought him) had effectually 7300 Foot and 1047 Horse, and overtook him at Dungan Hill, Battle of Dungan Hill. where it came to a fair Battle on the 8th of August, and Jones, by plain Valour and downright Blows, obtained the greatest and most entire Victory that had been gained during the War, for there were slain on the place 5470 Men, besides many that were gleaned up afterwards, amounting in all to 6000; and there were 5 Colonels and 4 Lieutenant Colonels, 6 Majors, 32 Captains, 23 Lieutenants, 27 Ensigns, 2 Cornets, 22 Sergeants, 2 Quartermasters, 2 Gunners, the Clerk of the Store, 13 Troopers, and 228 Common Soldiers, taken Prisoners; the Cannon and Carriages, and 64 fair Oxen for the Train, were also taken; and, which is most strange, there were not above 20 English men slain in this fierce Encounter, which happened that very day Twelvemonth the Nuncio and Clergy at Waterford had broken the Peace of 1646; and therefore Mr. Beling reckons this Defeat as a Judgement on the Irish for their perfidious breach of that Peace. The reason of so great a Slaughter, was, because the Irish Foot fled to a Bog, and the English surrounded it, and so had the kill of them all; and indeed, the extraordinary Valour of Major James Clotworthy ought not to be forgotten, for he not only killed the Cannonier just as he was ready to fire, but also taught so desperately, that his Horse received 17 wounds and was killed, and himself had two Shot in his Armour. Upon this Defeat the Irish quitted and burnt Naas, Sigginstown, Collanstown, Castlewarding, and Moyglare, and had been forced to quit more, but that Pay and Provision grew so scant, that the Army was fain to return to Dublin, where 1500 l. was newly arrived; and not long after greater Supplies were sent over, together with 1000 l. for a Present to General Jones for his extraordinary good Service. But that which is prodigiously Strange, and almost Incredible, is, That the Nuncio, the Clergy, and the old Irish, did rather rejoice than grieve at this Misfortune of Preston's, for his Army were old English of the Pale, and but half-paced Nuncio●ists, so that they could hardly be trusted: And now the Clergy were rid of them by this Defeat, and Owen Roe (who was their Darling) became General of the three Provinces; and under him Sir Thomas Esmond commanded the Foot, and Colonel Peirce Butler the Horse, in Leinster; Lieutenant General Farrel, and Henry O Neal, in Conaught; and Major General O Neal, and Sir Philem O Neal, in Ulster▪ And though Preston did pretend to recruit his Forces, yet it was so faintly and slowly, that small regard was had of him. Owen Roe being thus qualified, marched to visit his Province of Leinster, and Jones being recruited at Dublin, and afterwards joined with Monk at Trim, In October. marched forward to face him; but the Irish General was more cunning than to fight, and lose all his Army at once, as Preston had done, and for which Owen Roe often laughed at him, and therefore suffered the English to take Ashboy and Portlester, and some other small places, even whilst he looked on; and so being loaden with Prey and Pillage, Jones and Monk returned, the one to Dublin, any the other to Ulster. And not long after Jones marched with Borlace's and Willoughby's Regiments into the County of Wicklow, November 24. to settle them in Wicklow and Newcastle; but in his absence Owen Roe burned the Country from Castleknock to Drogheda, and so near to Dublin, that 200 Fires were discerned from St. Ann's Steeple in that City. But it is time to visit Munster, where we shall find the Lord Lisle endeavouring to displace Insiquin, and to give the Command of that Province to the Lord of Broghill; but Insiquin was so popular in the Army, that it required more time to bring this about, than the Lord Lisle had to spare, for his Commission determined the 15th day of April, so that Insiquin kept his Government, and the Lord Lisle, together with his Brother Algernoon Sidney, and the Lord Broghill, went for England, where this last, and Sir Arthur Loftns, impeached Insiquin; but the Parliament being embroiled with the differences between the Presbyterian and Independent Parties, had not leisure to mind the Accusation, and so it ●ell to the Ground: But on the third of May, Insiquin drew out 1500 Horse, and as many Foot, and took Drumanna and Capoquin, and on the 10th of May he took Dungarvan, and if his Provisions had lasted, he designed to besiege Clonmell; but the want of Victuals and Carriages, which has been fatal to most of the Martial Undertake in Ireland, did also force him to return to Cork, whereof the Parliament of England being advertized, they ordered him Thanks, and a Train of Artillery. But on the 29th of May he marched out again as far as Cappoquin, and on the third of June Major Purdam with a detached Party took a Prey near Carrick, and brought it to the Army; but Captain Power, who went with a Party of Horse to discover the Enemy, had not so good fortune, for some of them got between him and home, and cut off 60 of his Men, and took 12 Prisoners; and so great were the wants of the Army, that the Soldiers died by Scores, and Insiquin was again obliged to return, without doing any great Exploits in this Expedition. Nevertheless being reinforced from England, he marched out again in the beginning of August, and met with great Success, for he took Cahir by Surrender, and the Rock of Cashell by Storm, with great Slaughter of the Enemy, whereof above 20 were Priests or Friars; and from thence he went to Carrick, where he was civilly treated by the Lady Thurles, and he put that whole Country under Contribution, and would have besieged Clonmell, if the usual want of Provisions had not hindered his design. But Insiquin having on the 28th of September received a very large Recruit of some thousands of Men, under the Command of the Colonels, Grace, Needham, Temple, etc. did again take the Field with 4000 Foot and 1200 Horse; Battle of Knockinoss. and on the 13th day of November he met with the Irish Army under the Lord Taaff, consisting of 7464 Foot and 1076 Horse; besides Officers, and gave them a total Defeat at Knockinoss; there were 4000 Irish slain upon the place; and 6000 Arms, 38 Colours, the General's Tent and Cabinet, and all their Baggage and Ammunion, were taken; and upon notice of it, the Parliament voted 10000 l. to be sent to Munster, and a Letter of Thanks, and 1000 l. for a Present, to be sent to the Lord of Insiquin: However, all this did not hinder him from sending them (in January following) the Remonstrance mentioned, Appendix 39 and not long after he made a Cessation with the Irish, as we shall see anon. But the loss of the Catholic Army in Munster, about three Months after the Defeat at Dungan Hill, did so mortify the Confederates, and their Representatives in the General Assembly, which was then Sitting at Kilkenny, that they grew very desirous of a Peace, if they knew where or from whom to obtain it, for the King was then Prisoner in the Isle of Wight, and there was no Access to him, and therefore it was resolved to send Ambassadors to the Queen and Prince then in France, to propose Conditions to them, whereof one was to be, That they should send a Roman Catholic Lord Lieutenant to Ireland, and that if the Queen and Prince declined the Affair, that then they should seek the Protection of some other Prince; and it was also resolved, to send to the Pope, to inform his Holiness of the miserable State of the Nation, etc. Accordingly the Marquis of Antrim, the Viscount Muskry, and Geofry Brown, were sent to France; and, besides their Errand to the Queen and Prince, they had Instructions in reference to the Court of France to be found here, Appendix 40. And the Bishop of Fernes and Nicholas Plunket were dispatched to Rome with Instructions mentioned likewise, Appendix 40. There was also an Ambassador sent to Spain with like Instructions as to France, Mutatis mutandis, that no Stone might remain unturned that might grind the poor Protestants of Ireland. In the mean time the Irish, by the aforesaid loss of their Two Armies, were left very naked and weak, and lay exposed to the Efforts of the next Summer; and therefore did project, if possible, either to make a Cessation with Insiquin or the Scots: And it succeeded beyond their expectation, not only because the Nuncio gave his express Consent to it, but because Insiquin began to be jealous that the Parliament, or rather the prevailing Independent Faction, aimed at turning the Government into a Republic, wherein the Nobility would lose their Privileges and their Peerage. And this Notion was so well improved by the Loyal Industry of Dean boil. now Lord Primate, that it produced the aforesaid Remonstrance, and prepared Insiquin to declare for the King upon the first Opportunity. And therefore in January he sent them the aforesaid Remonstrance, and not long after imprisoned some of his resisting Officers that continued firm to the Parliament, and so stood ready to declare for the King. Moreover it was considered, that the Support of the King was a Branch of The Solemn League and Covenant, which therefore Insiquin thought to be infringed by the Votes of Non-Addresses to His Majesty; and that he might be the better informed of other men's sense of this Affair, he sent a Messenger into Scotland, since it was impossible to correspond with the Presbyterian Party in England, and from the Estates of Parliament of Scotland he had full Approbation of what he had done, and of the Cessation he intended to make with the Irish, in order to advance the King's Service, and answer the Ends of the Covenant. Whereupon the Parliament voted him a Rebel and a Traitor, on the Fourteenth of April, 1648. And so we will leave that Affair, till I come to resume it in order the next Year. As for Connaught, it can afford but little Matter for an Historian this Year, being entirely in the Hands of the Confederates, Sligo and three or four Castles only excepted: Nor was there much done in Ulster, that I can find, most of their Forces being diverted at the Battle of Dunganhill, as hath been already related. But it is mentioned in Whitlock's Memoirs, pag. 254. That Sir Charles Coot gave the Rebels a great Defeat, and killed 1000 of them; but where or how, I cannot find. Finally, In this Year was published a most Treasonable and Scandalous Book, entitled, Disputatio Apologetica de Jure Regni Hiberniae pro Catholicis Hibernis, adversus Haereticos Anglos; written by one Cnoghor Mahony, P. W. Remonstrance, 587, 667, 737. a Native of Muskery in the County of Cork, and a Jesuit disguised under the Name of Cornelius de Sancto Patricio; the main Design of it is to prove, That the Kings of England never had any Right to Ireland; and he advises the Irish to kill all that adhere to the Crown of England, tho' Papists, and to choose a * Elegi●e v●bis regem vernacu●um. Native King; and avers, That if the King (Charles the First) had originally a Right, yet being a Heretic, he ought to be deprived. And tho' this Book was burnt, by Order of the Supreme Council, for Form sake; yet it was suffered privately to be dispersed, and was never condemned by the Popish Clergy in Ireland to this day, although it was proposed by P. W. in the famous Congregation at Dublin, Anno 1666. that it should be so. The Year 1648. 1648. began with the Treaty between Insiquin and the Confederates about a Cessation, which met with many Difficulties by the means of the Nuncio; for altho' he had given his Consent formerly, Beling 128. that the Confederates should make a Cessation either with Insiquin or the Scots, as they should find most convenient; yet now, when he found it was near a Conclusion, and saw that Insiquin, by deserting the Parliament, had shut the Door against farther Succours from England, he began to play over his old Tricks again, and sent a Letter to the Supreme Council, advising them against the Cessation, 1. Because Insiquin's Successes had given him the Possession of many Popish Estates and Churches, which must be left so by this Truce. 2. Because Insiquin was their most inveterate Enemy, and was stained with the Blood of the Religious at Cashell, and elsewhere. And, 3. Because Insiquin can have no Supplies from England, and therefore must restore all their own to the Catholics if he be prosecuted, and therefore should have no Cessation. But the Council replied, Beling 65. They had so many Enemies in every Province, that they could not fall upon Insiquin; and if they did, he had Walled Towns and Forces enough to defend himself: That it would be scandalous to prosecute him, that had as good as declared for the King, and at the same time to neglect the Parliaments Forces, that were His Majesty's Enemies; and that if they did so, they could expect no Fruit of their Embassy to the Queen and Prince, etc. The Nuncio replied, and they rejoined; but at length he came to Kilkenny, and when, after many Expostulations, he found they were resolved to proceed to conclude the Cessation, on the Seventh of May he withdrew privately from Kilkenny to Owen Roes Camp at Killminch in the Queen's County, and sent a Letter to the Supreme Council, to inform them of this Flight, and the Reasons of it. Many Messages and Letters passed between them, and all imaginable Endeavours were used to get him back and reconcile him, but in vain; for having notice that they had published the Cessation the Twentieth of May, he, together with the Bishops of Clogher, Ross, Cork, and Down, on the 27th of the same Month, issued an Excommunication against all the Adherents to this Cessation; from which, as being very erroneous both in Matter and Form, the Supreme Council made an Appeal to the Pope, on the 31th of May; and on the Fourteenth of June they proposed some Queries about it to the Bishop of Ossory, who gave them Answers to their satisfaction, all which are to be found at large in the Appendix of Instruments annexed to Peter Walsh's Loyal Remonstrance. It is almost incredible what Execution a Popish Excommunication can do amongst an ignorant bigoted People, that are led by an implicit Faith to a blind Obedience. Nevertheless, 'tis certain, that the Supreme Council were at their Wit's end how to manage the People, and the Nuncio: And yet it is the more strange, that his Excommunications should find so much regard, because he did notoriously abuse the Power of the Keys, and did fulminate his anathemas upon the slightest Occasions, and even in his own Temporal Affairs, as appears by his * 11 Febr. 1646. Excommunication of Colonel Edmund Butler and all his Officers, if within two Hours they did not deliver up the Castle of Kilkenny to the Mayor and Aldermen of that City; and the following Excommunication of James Gough, in a Plea of Debt or Account, in his own Case, for the † Haec Fregata ipsius Reverendissimi Nuncii proprii erat. Beling 38. Frigate was his. JOannes Baptista Rinuccinus Dei & Sanctae Sedis Apostolicae gratia Archiepiscopus & Princeps Firmanus, ac in Hiberniae Regno Nuncius Apostolicus extraordinarius, tibi Jacobo Gough salutem. Tenore presentium precip●nus ac mandamus ad instantiam & petitionem Domini Ludovici Gedeon Capitanei Fregatae Sancti Petri, & Sociorum Militum & Nautarum, quat●nus infra totam diem sequentem Lunae quae erit 17 currentis Mensis Augusti debeas reddere computa fidelia & realia cum effectu & sine mora, de omnibus pecuniis & rebus Spectantibus ad ipsos, & alios pro praeda capta a dicta fregeta, ad effectum, quod statim ipse supradictus Capitaneus, & alij interesse habentes, debitam & justam habeant Satisfactionem pro integra illorum quorumcunque parte, & hoc sub paena Excommunicationis nobis reservata de facto incurrendae, si per te, & ex parte, vel defectu tuo, totum id non perficiatur non obstantibus quibuscumque, etc. in quorum fidem, etc. Datum Waterfordiae Die 15th. Augusti Anno. 1646. Joannes Baptista Archiepiscopus, Firmanus Nuncius Apostolicus. Nor is it unfit to be observed, that these Prelates, who were so forward to Excommunicate those that made a Cessation with the King's Party, could yet suffer their Darling Owen Roe, to make Leagues and Cessations with the Parliament Officers, viz. Coot, Jones and Monk, without issuing an Excommunication, or so much as giving him a reproof for it: And that it may appear, how little regard this Apostolic Nuncio had for Religion; it is necessary to add, that when he understood that a blasphemous Wretch had drank a Health to the Trinity, viz. God, Owen Roe and the Nuncio, and said, that whoever would not Pledge it was a Heretic; he was so well pleased with that Profane and Irreligious Zeal, that he rewarded it with a * Decanatus insignis cujusdam in Hibernia Ecclesiae Titulum consecutus Est. Beling in pref. p. 18. Deanery. Propino vobis inquit Salutem Trinitatis, Dei scillicet, Eugenij O Nellij, & D. Nuntij, quam quisquis bibere recusaverit, pro Heretico habendus erit: And this is reported by Mr. Beling, who was himself an eminent Roman Catholic, and a Learned man; and their first Legate to the Pope, and Secretary to the Supreme Council. But to proceed, the Supreme Council could not deal with the Nuncio and his Party, without the Assistance of Insiquin, for Owen Roe stood firm to the Nuncio; so that on the 11th of June he proclaimed War against the Supreme Council, altho' he had sworn Fidelity to them, (but 'tis probable the Nuncio absolved him of that Oath,) Beling 118. and therefore they did not only borrow Five hundred Horse from Insiquin, under the Command of Major Doily, but did also on the Twenty seventh of May, publish a Declaration exhorting the People to their Duty and Defence, and did likewise renew their Oath of Association on the 20th of June, and the same day declared War against Owen Roe and his Adherents. In the mean time, the Nuncio the very next day after he had Excommunicated the Supreme Council sent them word; that he designed to Indict a National Synod at Athlone; but they were so far from approving of that, that they ordered the Marquis of Clanrickard (who sided with them, ever since this last Cessation with Insiquin; and whereof he was a great Instrument) and General Preston, to besiege Athlone, which they accordingly performed, and took it before Owen Roe could march up to its relief. Upon the taking of Athlone, the Nuncio went to Gallaway, which Town had agreed to the Cessation, and therefore all Divine Offices were interdicted, and the Churches were shut, and the very Ensigns of Authority were forced from the Mayors own House; but that Insolence occasioned such a Tumult, that if those Badges of Office, had not been immediately returned to the Mayor, by the same hand that took them, it had certainly come to Blows and Blood in the very Streets, and as it was, two or three Men were slain in the Scuffle; when the Archbishop of Tuam caused the Church Doors to be opened by force. Review 132. But what is yet more horrible and monstrous is, that the Friars every where Preached unavoidable Damnation, to all those that should adhere to the Cessation; which Doctrine confounded the silly People, to the utmost Degree of Distraction and Madness; and yet, as if this were not enough, when those, who had some Sense and Moderation yet left, made a Scruple to fight against their near Relations, and those of their own Religion for so small a matter; the Nuncio for removing those Scruples, published the following Declaration. IN the Name of God Amen, Whereas about Our last Decision, concerning the Publication of the Cessation, it was objected by some; that altho' for the avoiding of some Loss of Temporal Goods, they could not with a safe Conscience publish that Cessation, yet it is doubted by them, whether the same ●e not Lawful for the avoiding of such Bloodshed and Slaughter, as might follow upon the opposition made against it: We by these Presents declare, that it is a Mortal sin against God and his Church, and a breach of the Oath of Association, either to procure, or suffer the Publication of that Truce; and that Catholics ought, and are bound to undergo the Loss of all their Temporal Goods, their Liberty, all that is dear to them, and even their Life itself, rather than publish or obey it: This also was the Sense of these Our Words in Our former Decree, Nullo modo licet, etc. And indeed We well know, that Men cannot lose their Goods in this Dissension, without the Slaughter of some, or perhaps of many: In Witness whereof, We have Signed these Presents with Our own Hands, the 13th day August, 1648. Jo. Bap. Rin. Jo. Rapoten. But before this, the Nuncio had, on the 13th of July, summoned a National Synod to sit at Gallaway on the 15th of August; whereupon the Supreme Council sent him a Letter of the 26th of July showing the Inconveniencies of that Congress, but it had no effect on him, for as he was used to do, he persisted obstinately in his own Sentiments. Whereupon the Council summoned a General Assembly to meet the 4th of September, and about that time, Antrim, Muskery and Brown returned from their Embassy to France; but when they reported to the Assembly, that the Queen and Prince intended to send over the Marquis of Ormond, the Popish Clergy (who hated him above all others) were dissatisfied to the highest Degree, and did all that was possible to betray Killkenny and the Supreme Council to Owen Roe, and if some * Appendix. 41. Letters from Friar Paul King, to the Titular Bishop of Clogher had not been intercepted, they had in all probability effected it. For that Owen Roe might be at leisure to ruin the Supreme Council, he did make a Truce with Jones, Beling 126. and was so hearty in it, that he wrote to the Protestant Bishop of Clogher the following Letter which was intercepted. To the most Reverend the Bishop of Clogher. MAKE haste to Ballysonan, and thence to Catherlogh, and I will endeavour to defend you, Costologh is joined with Preston, and so ●●●●part of the Lord Insiquin's Army, all which I will so keep employed, that they shall not be able to hurt you. Owen O Neal. But whilst these two Factions were Bandying one against another, Insiquin's Army in Munster for want of Supplies (which they could not have from England, whilst they Acted in opposition to the Parliament) was in some Distress; whereupon the Colonels Townsend and Doyly (by Insiquin's Orders as they averred, but he denied) wrote to the Committee at Derby House, That if the Parliament would pay their Arrears, and pardon their Defection, they would return to their Obedience: Hereupon Colonel Edmond Temple was sent over to treat with Insiquin about it, but Sir Richard Fanshaw the Prince's Secretary got there before him, and established Insiquin in His Majesty's Service; so that Townsend and Doyly were for some time imprisoned, and so were Sir William Fenton and Colonel Phair; but those last were afterwards Exchanged for Insiquin's Son then Prisoner in the Tower of London, being the Hostage for his Father's Fidelity, and not long after, JAMES Marquis of ORMOND Lord Lieutenant, Landed at Cork on the Twenty ninth day of September, where he was respectfully received by the Lord Insiquin and his Officers; and on the Fourth of October he wrote to the Supreme Council, that His Majesty had sent him Pursuant to their Requests, and that he desired they would send Commissioners to Carrick, to treat of a Peace, which they readily obeyed; and on the Sixth of October, his Excellency published a Declaration mentioned, Appendix 42. But it may be enquired, how it came to pass, that when the Confederates desired a Roman Catholic Viceroy so passionately, and above all other Protestants ahorred Ormond, as for many other Acts prejudicial to Popery; so especially for surrendering Dublin to the Parliament, that yet he should be the very Man that should be sent unto them, to which it might be answered in General, and from good Vouchers, That Ormond was the Person in the World, upon whose Loyalty, and Conduct in the Affairs of Ireland, His Majesty did most depend: But there is yet a greater Mystery in the matter, and it was thus, Whilst Ormond was in England, the Scots * Earl of Lanerick, Earl of Lauderdale, 〈…〉. Commissioners finding what usage was designed to the King, did endeavour to retreive the Honour of their Nation, by doing something extraordinary in his Favour; and the Presbyterians every where finding the prevailing Independents, did despise the Sanctity of the Covenant, and the Supporters thereof began to be Alarmed; so a proper Juncture of doing Service to the King was suddenly expected; hereupon Ormond by the King's Order met the Scotch Commissioners near Marlowe and they for Scotland, and he for Ireland undertook to promote His Majesty's Service; and in order to it he went to France, and so into Ireland to prosecute this Design, and not in Answer to the Irish Embassy as they sancied, and the same Reason prevailed upon Insiquin to join with him, and it was pursuant to this Treaty, that the Earl of Lanerick (than Duke Hamilton) invaded the Kingdom of England. But as soon as the Parliament Commissioners in Ireland understood, 27th July. that the Marquis of Ormond intended to return to that Kingdom, they did all that was possible to prevent his Design; and upon bare Suspicion seized upon Sir Maurice Eustace, Sir John Gifford, Sir Francis Willoughby, Colonel William Flower, the Lieutenant Colonels Ryves, Capron and Smith, Major John Stephens and Captain Peirce, and kept them Prisoners in the Castle for some days, and then sent them in Custody to Chester; and they also kept Sir Thomas Lucas and Colonel Byron Prisoners at Tredagh. As for the Military Motions this Year, tho' they were not many, nor in many Places; Munster being entirely quiet, and very little either of Leinster or Ulster disturbed, yet they may be esteemed very considerable, because they were between the Irish themselves, for Insiquin had managed his Affairs so prudently, by assisting the weaker side; and the Nuncio had Acted so rashly, in Excommunicating the Supreme Council and their Adherents; that Owen Roe and Preston, and their Followers were engaged in as * Quod quidem ille acrius quam unquam fecerat in communes Religionis & Regni hosts in Confederatos presecutus est. Beling 118. fierce and as spiteful a War, as any that had been since the Rebellion broke out, so that Preston, assisted by the Marquis of Clanrickard, took Ath●one and besieged Athy, and Insiquin in favour of the Supreme Council besieged Fortfalkland; and tho' Owen Roe came to relieve it, and posted his Army so advantageously between Insiquin and Munster, that the English had certainly been starved, if the generous Bounty of the Marquis of Clanrickard had not supplied them with Necessaries; yet at length Owen Roe was forced to a retreat not much different from a Flight, and the Fort was surrendered to Insiqui●; and with these Losses, November. and this Disgrace, Owen Roe was so nettled, that he ravaged over the whole County of Roscomon, and took Jamestown, and so obstinately Stormed Carigdrumrusk that Rory Macguire, and most of his Regiment were there slain, and in revenge of it the Garrison (being all Papists) were put to the Sword: And by this Campaign Owen Roe was so weakened, that he offered a Cessation to Colonel Jones, and to carry his Army to Spain, if Jones would give him Liberty to do so. And it seems, That the Marquis of Antrim had some Highlanders in the Counties of Wicklow and Wexford, which being joined with the Birneses and Cavenaghs, who were of the Nuncio Faction, and rejected the Peace, gave such Disturbance to the Supreme Council, that they were fain to send Sir Edmond Butler, and Sir Thomas Esmond to suppress them, which at last they effected, tho' not without considerable Slaughter on both sides. In the mean time, Jones took Ballysannon, Nabber and Ballyho, and many of the Scots being gone to assist Duke Hamilton's Invasion of England, Colonel Monk by the means of Sir Price Coghrun, and Lieutenant Colonel Cunningham surprised Carigfergus and in it Monroe, September. whom he sent Prisoner to London, and then had an easy Conquest of Belfast and Colerain, and Sir Charles Coot had not very hard one of the Fort of Culmore; and for those good Services the Parliament Presented Colonel Monk with 500 l. and made him Governor of Carigfergus. But in November, the Irish Ambassadors to the Pope returned to Ireland, and brought with them abundance of Relics but no Money, Beling 196. as may be easily gathered from the following Letter from Sir Richard Blake, to Sir Robuck Linch. Sir, THIS day the Lord Bishop of Fernes, and Mr. Plunket, gave an account of their Negotiation to the House; they made a full Representation to his Holiness of the desperate Condition of the Kingdom, that without present and good Supplies, which they expected from his Holiness, there was no hope of the Preservation of the Catholic Religion or Nation. That his Holiness was bound in Justice to do it, his Nuncio here having in a General Assembly of the Confederates undertaken, That the Sum promised Sir Kenelm Digby for the Wars of England, upon good Conditions for Catholics, would be applied to the Service of the Catholic Confederates of Ireland; but after four months' attendance, their Answer was, (there being no Intelligence then of our Distance or Divisions with the Lord Nuncio or Owen O Neal) That his Holiness hath sent by the Dean of Firmo a considerable Help unto us, and that he had no account how that was disposed of; That the Turks were in Candia, and threatened Italy; That there was great Scarcity of Corn in Rome, and the adjoining Territories, and that a great Sum of Money must be issued to satisfy the Commoners, That his Predecessor Pope Urban had left the Treasury empty, and the See deeply charged with Debt; That the Cardinals and others, who had Pious Intentions to advance our Holy Cause, were Poor, and hardly able to maintain their own Ports, so that nothing could be expected from them. And for the Conditions the Agents expected from his Holiness for Religion, upon our Treaty with the Queen and Prince, he said, that it was not proper for the See Apostolic to grant any Articles to Heretics, though it be true that Catholic Princes in Germany and other Kingdoms do it. As for the Nuncio's Engagement, That the Catholics of Ireland should be Supplied by his Holiness in their Maintenance of the War, that he had no such Commission, though it was true that his Holiness would give Money for Conditions of Religion, but none upon the Event of War. Our Agents heard not of our Disunion and Raptures in this Kingdom, until after their taking leave of his Holiness, and then when the same was known and published in Rome, they heard from some eminent Persons, That what his Holiness was resolved to give for our Support, he knew not to what Party he would send it, we being fleshed in Blood one against the other. But whilst the Treaty between Ormond and the Irish was in agitation, a Letter of his to the Supreme Council was intercepted, and brought to the Parliament, and by them showed to the King, who was then in the Isle of Wight; whereupon they obliged His Majesty to write to the Lord Lieutenant, not to proceed any farther in the Treaty with the Irish; but that Letter was interpreted to come from one in Duress, and being contrary to express Orders given his Excellency, Not to obey any Commands inconsistent with those then received, unless they were manifestly for His Majesty's Advantage, until His Majesty were at liberty to declare his Sentiments freely: That Letter was not much regarded; and so after twenty days spent in the Treaty at Carrick, the Lord Lieutenant, about the middle of November, removed to his Castle at Kilkenny upon the Invitation of the Commissioners, and to be nearer the General Assembly which was then Sitting in that City; he was received with such profound Respect, as is usually paid to the Sovereign Authority, and had his own Guards with him. However, it was the middle of January before the Matters relating to the Peace could be adjusted, and then they passed unanimously, even by the Votes of the Popish Bishops, and were on the 17th of January mutually Ratified, and afterwards Proclaimed with great Joy, and followed by the * Appendix 44▪ Declarations of the Popish Clergy, expressing their great Satisfaction at this Peace, which consisted of the Articles mentioned, Appendix 43, which King Charles the second, in the Preamble of the Act of Settlement, had good reason to call Difficult Conditions. Upon this Peace, Ormond proposed to get together so good an Army, as might by Force or Treaty prevent the Impending Fate of his Royal Master, for the undertaken Quota's were as followeth. Foot. Horse. Munster Irish 4000 800 Leinster 4000 800 Insiquin 3000 600 Conaught 4000 800 Owen Roe, if he would come in, had 5000 500 20000 3500 But he depended upon a broken Reed; for besides that, the Irish had delayed the conclusion of the Peace too long to render it serviceable to the King, and had exacted such Conditions, as would rather hasten than prevent His Majesty's Ruin; the Lord Lieutenant was exceedingly disappointed in his Calculation, for Owen Roe did not at all come in till it was too late, and most of the rest were deficient in their promised Proportions of Men or Money, so that he was forced to borrow 800 l. upon his own Credit, to enable the Army to march. But it must not be forgotten, that the Confederates still lay upon the lurch, and in order to keep up their Dominion and Power, (notwithstanding the Peace,) they did, on the 12th of January 1648, make the following Order. By the General Assembly. WHEREAS the Declaration of the General Assembly of the Confederate Catholics, Ante pag. 152. 〈◊〉 bearing date the 28th day of August 1645, and the Explanation of the 〈◊〉 General Assembly thereupon, dated the First of September 1645, did relate to a Settlement of a Peace to be grounded on any Authority from his Majesty, as by the said Declaration and Explanation thereupon more at large may appear: It is this day ordered and declared by this Assembly, ☜ That the said Declaration and Explanation shall CONTINUE and REMAIN in full force, and be renewed as of this time, and have relation to all Articles for a Settlement agreed on, as well by Authority from His Majesty, as from his Highness the Prince of Wales, or both, as if the said Declaration and Explanation had been NOW MADE to all Intents, Constructions, and Purposes. But the Peace being concluded, the Irish became very troublesome, by their Importunities for Offices and Places of Trust and Honour. Sir Richard Blake, the very next week after the Peace, wrote to Secretary Lane to mind the Lord Lieutenant to make him a Baron, and others were as careful of their own Advancement; but above all others, the Insolence of a Son of Hugh O Connour is remarkable, for he on the 9th of March wrote to the Lord Lieutenant to give him a Troop, and his Brother a Foot Company, or else they would shift for themselves: To whom the Lord Lieutenant made answer, That whatever he did with great Rebels, he would not capitulate with small ones. And now how gladly would I draw a Curtain over that Dismal and Unhappy Thirtieth of January, wherein the Royal Father of our Country suffered Martyrdom! Oh! that I could say, They were Irish Men that did that Abominable Fact, or that I could justly lay it at the Door of the Papists! But how much soever they might obliquely or designedly Contribute to it, 'tis certain it was actually done by others, who ought to say with the Poet, Pudet haec opprobria nobis Et dici potuisse, & non potuisse refelli. THE REIGN OF Charles the Second KING OF England, Scotland, France, and Ireland. CHARLES Prince of WALES, 1648. eldest Son of the deceased King, succeeded his Father, in the Right of All, and in the Possession of some of his Dominions, and was by the Lord-Lieutenant first at Youghall, (where he than happened to be, in his return from visiting Prince Rupert) and afterwards at Carrick proclaimed King, by the Name of Charles the Second. And altho' the new King did soon after, by his Letters, confirm the Marquis of Ormond in the Government of Ireland, and acquainted him, That the Kirk of Scotland had caused his Majesty to be proclaimed King on the 16th of February, yet he also sent him the bad News of that Kirk's Declaration, of the 13th of February, against the Peace his Excellency had made with the Irish: But the Lord-Lieutenant was encouraged to struggle with that Misfortune, by two Accidents that happened in his favour, viz. the Arrival of Prince Rupert, and the Departure of the Nuncio. The Prince, being by the mistake of his Pilot, put into Crook-Haven, did not come into Kinsale till the 10th of February, tho' his Brother Prince Maurice arrived above a Fortnight before; he brought with him sixteen Frigates, and his design was to make way for the Prince of Wales; and he thought it a happy Omen, that the first News he met with, was that of the Peace: Wherefore, upon Conference with the Lord-Lieutenant at Cork, it was resolved to send Capt. Ulbert to the Prince, to hasten him for Ireland, which was accordingly done; and then the News of the King's Martyrdom arrving, Prince Rupert proclaimed the new King at Kinsale, with all the Solemnity that place was capable of, and put himself and all his Officers in Mourning, and even the Ensigns, Jacks and Streamers of all the Fleet were altered to a colour suitable to the black and dismal Occasion. Whilst Prince Rupert stayed at Kinsale, his Frigates cruised abroad, and brought in several considerable Prizes, and particularly three Corn-Ships, which were of great consequence, because of the want of Provisions in the Navy: his Highness did also raise some Forces which he sent to the Relief of Scilly, and he also sent a Bill of 5000 Pistols to the new King. Hereupon the Parliament sent their Seas-general Blake and Dean to block up this Fleet in Kinsale-Harbour, which they did effectually all the Summer, and took the Guinny-Frigot that was abroad; and tho' the Prince did in person solicit Waterford, Cork, and other Seaports for Assistance, to sit out some Fireships; yet at length it was resolved rather to let the Winter Storms remove the Enemy, than to encounter them at so great disadvantage, especially since the Prince could not be sure of his Men, of whom so many deserted daily, that it was found necessary to hang up ten of those Stragglers for a terror to the rest. In the mean time Owen Roe sent a Message to his Highness, That since he and Ormond had drawn and tasted of each others blood, he would never join with the Marquis; but if his Highness would take the Command of the Kingdom, he and all his would readily submit to One of the Blood Royal. But this was counted a Compliment, which the Proposer knew the Prince could not accept of; however it occasioned, that Capt. Leg was sent to hasten the King into Ireland; but his Ship being taken, he was for a long time imprisoned at Plymouth, and by a Court-Martial condemned to die. In the mean time the Prince was in great straits for all Necessaries; and tho' he contracted his charge to the well Manning of four Frigates only, besides his Flag-Ships, yet there being no Supply from abroad, Want over-took him even in this narrow Model and Reducement, so that he was forced to rely on what his own personal Interest, or Love to his Majesty's Cause, could in so tottering a Conjuncture persuade People to lend. And it was at this time that the Generous Loyalty of a private a Robert Southwell, Esq▪ Gentleman of Kinsale, did signalise itself in furnishing the Prince with a considerable quantity of Provisions, without which his Highness could not have gone to Sea; and altho' at this time (when Munster was meditating a Revolt to Cromwell, which it soon after accomplished) this action was of dangerous consequence to the Gentleman that did it, yet he survived that danger, and lived to be well considered for this Service by the Act of Settlement, and as Marks of his Majesty's favour, to be made one of the Council of Munster, and Vice-Admiral of that Province, and the Prince being enabled thereunto by these Supplies, put to Sea, and got safe to Lisbon. But it is time to return to the Second Accident which I mentioned, and that was, The Departure of the Nuntio, which happened in this manner: The General Assembly of the Irish having approved of the Cessation with Insiquin, and being exceedingly troubled at the Excommunication which the Nuntio had fulminated against all the Adherents thereunto, and consequently against themselves, they did not only employ an Agent to prosecute their Appeal to the Pope, but did also on the 19th of October, writ a Letter to the Nuntio, then at Galway, which Letter was signed by their Speaker, and ordered him to withdraw out of the Kingdom at his peril; and in it was enclosed a Schedule of Greivances occasioned by him, and whereof they intended to impeach him to the Pope; Tanquam qui huic parricidio occasionem dediss●t. Beling 173. and it was also accompanied with a severe Declaration against all those that should correspond with his Reverence. Whereupon finding that he had been one unhappy Cause of the King's Murder, (says Mr. Beling) he took Ship at Galway on the 23d of February, and returned to Rome, where he was blamed by the Pope for acting so b Lemerarie se gesisti. rashly: Nevertheless, the Irish could not be absolved from his unjust Excommunication, for making a Truce with Insiquin, P. W. Remonstrance, 592. until they had done Penance in Forma Ecclesiae Consueta, which imports an acknowledgement of the Crime. But tho' the Nuntio was gone, yet he had left Own Roe and his Army behind to support his Faction, who together with the Marquis of Antrim did oppose the Peace, because the six escheated Counties in Ulster were not restored to the old Irish: Beling 165. and with these sided a Multitude of Friars, who railed against the late Peace, and the scandalous Expulsion of the Nuntio, and threatened inevitable Damnation to all those that should take part with the Lord-Lieutenant; whereby the Peace became of little use to the King, or advantage to his Affairs, even whilst the Bishops and Secular Clergy adhered to it, which was not long. But on the 9th of March the King by his Letter from the Hague, confirmed the late Peace, and ordered a new Great Seal to be made, and to be disposed of to whom the Lord-Lieutenant should think fit; and appointed the Lord of Insiquin to be Lord-President of Munster; and the Marquis of Clanrickard to be Lord-President of Connaught, if the Lord-Lieutenant find it convenient. And thus ended the Year 1648. The Year 1649 opened with a Vote in the Parliament of England, 1649. of the 28th of March, That Oliver Cromwell should be General of all their Forces then in Ireland, or that should be sent thither; and accordingly he prepared diligently for that Expedition: But because besides his, there were four other distinct Interests and Armies in that Kingdom, viz. the King's, the Presbyterians, the Supreme Councils, and Owen Roes, it is necessary to treat of them separately, to prevent confusion, and that the Reader may the more clearly penetrate into the Intrigues of this Campaign. And we will begin with the King's, both because it was his, and because it was the most numerous and most considerable, that of the Supreme Council being united unto it by virtue of the late Peace, and many of the Presbyterians under the Lord of Ards falling into it afterwards; it consisted of 3700 Horse and 14500 Foot, under the Command of the Marquis of Ormond; the Lord of Insiquin was Lieutenant-General of it, and the Earl of Castlehaven was Lieutenant-General of the Foot, and the Lord Taaf was Master of the Ordnance; and thus composed, part of this Army rendezvouzed at Cashell on the 3d of May, from whence Castlehaven was detached with a Party which took Rheban Maryburgh and Althy from Owen Roes Soldiers, with considerable slaughter; and that being done, it met at Cloghgrenan on the 26th of May, and marching forward, took Castle-Talbot, Kildare, Castlesalagh, and Castlecarbry, and on the 14th of June encamped at Naas. And having rested two or three days, they marched to Finglass, and encamped there on the 18th of June, and on the 19th a detached Party drew nearer Dublin, and with some loss skirmished with the Enemy's Horse, and then returned to Finglass; and there Ormond received and disposed into convenient Quarters, a great number of Papists whom Colonel Jones (to prevent a Famine) had turned out of the City; and on the 20th the Lord-Lieutenant being informed, that Jones had for want of Forage, sent part of his Horse to Tredagh, his Excellency ordered Insiquin to pursue them, which he performed with great success; and having surprised one whole Troop, and routed Colonel Chidly Coot and 300 Horse, whereof many were killed, he followed the blow to Tredagh; and being reinforced with two Regiments of Foot, and two Pieces of Artillery, he besieged that Town, whilst it was under consternation at the late Defeat; Nevertheless, the Garrison consisting of 600 Men, defended the place with exceeding bravery, until their Powder was spent, and then they did a 30 June. Surrender on Honourable Conditions; and Colonel Coot with 150 Horse, and 400 Foot marched to Dublin. But whilst Insiquin stayed at Tredagh, he had notice that Lieutenant-General farrel, with 500 Foot, and 300 Horse, was gone to Convey a considerable quantity of Arms and Ammunition, which Colonel Monk had (upon Articles) given to Owen Roe, whereupon Insiquin sent a detached Party, which met with, and routed this Convoy, and killed 500 of the Men, and took all the Arms and Ammunition, and what other Booty they had with them; And it was from some of the Prisoners then taken, that Insiquin was informed of the weak condition of Dundalk; wherefore, being resolved to prosecute his good Fortune, he marched to besiege it; and being assisted by the Lord of Ardes, he forced Monk in two days time, to Surrender the place, whereunto he was necessitated by the Mutiny of the Garrison, which else would have given him up. Hereupon Monk went to England, and was imprisoned for a short time, as shall be hereafter related; and Insiquin took possession of Dundalk, and a considerable Magazine that was in it. After this prodigious Success, the lesser Garrisons became an easy Prey, Newry, Narrow-water, Greencastle, and Carlingford submitted to the Conqueror of course, and Trim itself did not hold out above two days; and so Insiquin, having no more to do, returned trimphantly to the Royal Camp at Finglass, with more Men than he first carried out. And there we must leave him, till I give a brief Account of the second Army, viz. that of the Presbyterian British and Scots, which was so powerful, under the Command of the Lord of Ardes, that it seized upon Belfast and Carifergus, and most part of Ulster, and some places in Conaught: But they had entertained such inconsistent Principles, that it was impossible for any other Party to join with them; and yet they were too weak to stand alone, so that their Ruin was inevitable; nevertheless it was hastened by their Divisions, for when their General, the Lord of Ardes, perceived, that by the Manifesto they published, they declared an Abhorrence of the Murder of the late King, which rendered their Conjunction with the Parliamentarians impossible; and that they published no less Aversion against the Irish; so that they rejected any Correspondence either with Owen Roe or the Supreme Council; and as well for that reason, as because they would not own the new King, there was no hopes of their Union with the Cavaliers, he saw the necessity of his doing something without them, that might strengthen their Party by a powerful Alliance and Conjunction; and being offered by the Lord-Lieutenant, a Commission to be Chief Governor of Ulster, he was easily prevailed upon, to submit to the King's Authority, which he did in the latter end of April; and being joined with the Lagan Forces, (which were weakened by the Surprise of Sir Robert Steward and Colonel Mervin, at a Christening, by Sir Charles Coot, who sent them Prisoners to England) he went to besiege London-Derry, where we will likewise leave him, and give an Account of the third Army, viz. that of the Supreme Councils. This Army was mixed (I cannot say incorporated) with the King's by the late Peace, and so continued until after the Defeat at Rathnines; but having a distinct Interest from the Protestant part of the King's Army, and a National and Religious Aversion unto them, they never did any service together, where ever the Irish were the Majority; and in the end, most of the Irish being seduced by the Clergy, did desert the King's Service, some privately, and others more openly; their Towns became ungovernable, and their Clergy grew Mutinous, and rejected the King's Authority in the Lord-Lieutenant; so that at length their pretended Loyalty became the Scorn and Contempt of their most inveterate Enemies, as shall be related in its proper place. And as for the fourth Army, which was under the Command of Own Roe, it consisted of natural Irish, and fierce Nuntiotists; and this General was so enraged at the Supreme Council, both because they did not comply with the Nuntio, and because they did not in their Articles of Peace, provide for the Restitution of the Escheated Lands in Ulster, that he chose rather to correspond with the Parliament then with them: And therefore he did on the 8th day of May enter into Articles with Colonel Monk, not only for a Cessation for three Months, but for mutual Assistance within that time; and that Monk should furnish Owen Roe with Ammunition, if he wanted, and should suffer Ships with Arms, Money, etc. that should be sent to Owen Roe, to Harbour in any of the Parliament's Ports. And it was in virtue of this League, that Lieutenant-General farrel had the Ammunition from Dundalk, which Insiquin took from him, as hath been already related. And this Irish General did at the same time make some extravagant Proposals, which being granted, he and his Army would embrace the Service and Interests of the Parliament of England: But tho' they were never consented to, yet during this League of three Months, he did faithfully observe his Agreement, to the great prejudice of the King's Army, and to the great advantage of the Parliament's Forces, which else would have been in an ill condition. Moreover, he did on the 22th day of May, make a League with Colonel Richard Coot, in the behalf of Sir Charles Coot; and pursuant thereunto, and in consideration of 2000 l. in Money, and 2000 Cows, and some Ammunition, he did oblige the Lord of Ards, and the Lagan Forces, to raise the Siege of London-Derry, on the 8th day of August. Nevertheless, when the Parliament of England were acquainted with these Transactions, they Disavowed what the one and the other of these Commanders had done with Owen Roe: And tho' Sir Charles Coot, being absent, escaped with a severe Check only, yet Monk, who was then in England, was Imprisoned and Displaced; and tho' when he was brought to the House, he gave good reasons for what he had done, and demonstrated the Advantages that the Parliament had acquired by it, yet the House would by no means approve it, but on the contrary, made the following Votes: Resolved, etc. That this House doth utterly Disapprove of the Proceed of Colonel Monk, in the Treaty and Cessation made between him and Owen Roe, O Neal; And that the innocent Blood which hath been shed in Ireland, is so fresh in the Memory of this House, that this House doth Detest and Abhor the thoughts of closing with any Party of Popish Rebels there, who have had their hands in shedding that Blood. Nevertheless, the House being satisfied, that what the said Colonel Monk did therein, was in his apprehension necessary for the Preservation of the Parliament of England's Interest, the House is content, that the further consideration thereof, as to him, be laid aside, and shall not at any time hereafter be called in question. And so we are come to the fifth Army, which was that of the Parliament's; and tho' at this time it was but small, and ill provided, and had no other Towns in the Kingdom, in their possession, except Dublin and London Derry, and even both these were besieged by considerable Armies, yet within half a Year, it became so powerful and victorious, that it recovered the the best part of the Kingdom, and at length reduced it all. And even in this weak condition, and before their Recruits came, they did all that was possible; for before the Royal Army came near Dublin, Colonel Jones sent out a Party under Major Cadowgan, to discover the Enemy, and to slacken their march; and he did excellent Service not only in destroying the Country about Tecroghan, but in cutting off a great many of his Enemies; and Jones himself marched out as far as the Naas, on the 12th of June, but having notice of the Approach of the Cavaliers, he returned to his proper business of preserving the City, which he performed exceeding well. On the other side, Ormond was endeavouring to straiten Dublin; and the better to effect it, the Lord Dillon of Costilogh, was ordered to stay on the North side the City with 2000 Foot and 500 Horse; and the Lord-Lieutenant, with the rest of the Army, marched over the River to Rathmines, on the 25th of July; and the very same day the Colonels Reynolds, Venables, and Hunks arrived with 600 Horse and 1500 Foot, and other Supplies of Money, and all other Necessaries into the City, from England. But these Succours did not so much contribute to the Preservation of Dublin, as did a certain intelligence they brought with them, that Cromwell and his Army intended to land in Munster. Hereupon the Lord of Insiqum, with a great Party of the best Horse, was detached, to defend that Province, whereby the Army was weakened and exposed to the Misfortune it afterwards met with. Nevertheless, most of the General Officers being of Opinion, that Baggotrath might be Fortified and made Tenable, and being so, would straiten the City, so that their Horse could have no Forage, and consequently Dublin would in a little time be forced to surrender: they prevailed with the Lord-Lieutenant to suspend his thoughts of retiring to Drumnagh, and to give Orders for the Fortfying of Baggotrath: Accordingly Major-General Purcell (who had been the forwardest Man to this Advice) had the charge of the Undertaking; and the Army was kept all night in Batallia to countenance the Enterprise: but when the Lord-Lieutenant (who had been on Horseback all night) came in the morning to view the Fortification, he did not find it in that condition he expected; Purcell excusing himself by the fault of his Guide: Hereupon the care of that Affair was committed to another Officer, who by nine a Clock had pretty well effected his Design; and then no signs of any Sally appearing, the Army (which was all this while in Batallia) was permitted to rest themselves; and the Marquis retired to his Tent to the same purpose; and so did most of the General Officers, out of a vain Confidence, that the Enemy would not Sally so late in the day. But they found themselves grossly mistaken, and were quickly alarmed out of their Sleep; for about ten a Clock, on the 2d of August, a party issued out of Dublin, and meeting with better success than they could have the vanity to hope for, they were seconded by most part of the Garrison, by single Troops and Companies, one after another; and having slain or routed some few that opposed, such a Panic Fear seized all the rest, that a more easy or more complete Victory could hardly be gained: The Lord-Lieutenant in vain using his utmost endeavours to Rally the Horse; whereupon a considerable part of the Foot (finding themselves deserted by the Cavalry) did in a Body surrender themselves: And tho' the Lord Taaf escaped to the North side the River, and importuned the Lord Dillon, etc. to attempt the recovery of the Field with those 2500 fresh Men; yet so great was the Consternation, that they could not be prevailed upon to try their Fortune, nor hardly to provide for their own Safety without Confusion, tho' at length they did observe the Lord-Lieutenant's Orders, of going half to Tredagh and half to Trim, to secure those Garrisons, whilst his Excellency went to Kilkenny to Rally his shattered Troops. In this Battle 4000 Men were killed, and 2517 were taken Prisoners, whereof several Officers of note, and all the Artillery, and two hundred draught Oxen, and indeed all the Baggage of an exceeding rich Camp, became the Reward and Prize of the Conqueror. This is that fatal Defeat at Rathmines, which the Irish say was so improvident and unfortunate, that nothing has happened in Christianity more shameful: They did all that Malice could suggest to place the fault of this Misfortune on the Lord-Lieutenant; but without any manner of reason, for besides the assurance we have from Peter Walsh, P. W. Remonstrance, 583-609. that Edmond Reyly, Titular Archbishop of Armagh, did betray this Army; and that the Nuntio Party at Rome rejoiced exceedingly at this Defeat: This one observation will determine where the Fault lay, viz. That Ormond was always victorious at the head of an English Army, and the Irish were always worsted, whoever was their General, except only at the Battle of Bemburb. But to proceed, on the 3d of August, Ormond stop at Balisanon, and having found means to make the Garrison believe that Dublin was taken, that strong Castle was presently surrendered; and thereby General Jones was stop from prosecuting his Victory, which else he would have done even to the Walls of Kilkenny. Nevertheless, that great Captain resolved to push on his Fortune, and whilst the Consternation lasted, to make the best use of it he could; and accordingly he immediately advanced to Tredagh, but the Lord Moor valiantly defended the place; and Ormond came to Trim, with what Forces he could rally; so that Jones was obliged to raise the Siege on the 8th of August, which was the very day Owen Roe forced the Lord of Ards to draw off from London-Derry. But on the 14th of August, Oliver Cromwell (the Parliament's Lord-Lieutenant) landed at Dublin; he brought with him about 9000 Foot and 4000 Horse, and all Necessaries for his Army, and had a good Fleet constantly to attend him: And having settled the Civil and Military Affairs at Dublin, and mustered and rested his Army, he committed that City to the Government of Sir Theophilus Jones, and on Friday the 30th of August, marched out with 10000 Men, and on Monday the 2d of September, he came before Tredagh. This Town being very considerable, and esteemed pretty strong, was the chief care of the Lord-Lieutenant, who omitted nothing that was possible to fit it for a Siege; the Garrison he put in it, was part of his own Regiment, under Sir Edm. Venry 400; Coll. Birn's Regiment 400; Coll. Warren 900; Coll. Wall 800; Lord of Westmeath 200; Sir James Dillon 200; and Horse 200; amounting in all to 2900 Foot, and 200 Horse, besides 500 Foot that he sent in under lieutenant-colonel Griffin Cavenagh, together with 500 l. in Money, whilst Cromwell lay before the Town; And over these he placed a Governor beyond exception, Sir Arthur Aston, formerly Governor of Reading, and afterwards of Oxford, a Soldier of great Reputation and Experience. It is needless to make a long story of a short Siege; and therefore it will be enough to say, That altho' the Governor had assured the Lord-Lieutenant, That he would find the Enemy play; and that the Garrison being select Men, was so strong that the Town could not be taken by Assault; and therefore advised Ormond (then at Trim) to hazard nothing by precipitating to his Relief: Yet Cromwell, who besieged the Town but on one side, and without the formality of regular Approaches, began his Battery on the 9th of September, and the very next day at five in the evening stormed it; and altho' his Men were twice beaten off, and Colonel Cassels slain, yet he led them on himself the third time, and carried the Town, and put most of the Garrison to the Sword, and the rest, being not above thirty, he sent to Barbadoe's. This terrible Execution so frighted the rest of the Garrisons, that Dundalk immediately submitted, and so did some other Castles near Trim; and than Cromwell returned to Dublin. But one thing is very remarkable, and ought not to be omitted, and that is, That tho' there were several Protestants in the Town, yet were the Popish Soldiers so insolent, and so unjust to their Protestant Companions, even in the midst of their Adversity, that on Sunday, the 8th of September, they thrust the Protestants out of St. Peter's Church in Drogheda, and publicly celebrated Mass there, tho' they had Monasteries, and other convenient places besides, for that purpose. And suitable to this, is that which the Bishop of Derry, in his Letter of the 9th of October, affirmed to the Lord-Lieutenant, viz. That the Earl of Roscomon being then dead at Limerick, they were fain to be very private in their Devotions, and doubted whether they should be permitted to use Funeral-Rites, even privately in the Chamber: But why do I instance such Trifles, after the Earl of Orrery has assured us, that an Irish General told the Lord-Lieutenant, at Kilkenny, That if the King came there in person, he should not be allowed a Church to celebrate his Devotion in: To which his Excellency replied, That he hoped to see all of that mind, without a Church to say Mass in Ireland. In the mean time the King, who from the Hague had written the 2d April, 1649, that he designed speedily for Ireland, and had accordingly been preparing for that Voyage, did now (by his Letters of the 29th of August) assure the Lord-Lieutenant, That he is not discouraged by the Defeat at Rathmines, but still designs for that Kingdom, if his Lordship thinks fit. And his Majesty did also by his Letters of the 17th of July, from St. Germane, order 800 l. per an. out of the forfeited Estates, to be settled on General Preston, and to create him Viscount Taragh; and accordingly that General did pass Patent for the Estate of Francis Viscount Mountnorris, Father of the late Earl of Anglesey; and on the 2d day of July, 1650, he passed Patent for his Honour. But Cromwell having Cashiered the seven old Regiments, formed by the Parliament Commissioners, Anno 1647, and settled Affairs in Dublin to his mind, left Colonel Hewson Governor of that City, and marched southward through the County of Wicklow; and having taken Arklow, Fernes, Insscorfy, and some other lesser places, and a good quantity of Provisions, in a Monastery deserted by the Friars, he came before Wexford on the first day of October, and immediately Summoned the Town. The Governor, Colonel David Synot, did thereupon send out a Messenger with Proposals of Surrender, but indeed so high and extravagant, as manifested his design was but to gain time by the Parley, as he did, until the Earl of Castlehaven found means to put a Regiment of Foot into the place; and within three days after, the Marquis of Ormond sent in Sir Edmund Butler, and 1000 Men more (all Papists, for the Town's Men would admit no other:) Nevertheless it so happened, that within two hours after these last Recruts were come in, and whilst more were wafting over the Ferry, Captain James Stafford, a Papist, surrendered the Castle of Wexford to Cromwell upon Articles; whereupon the Guns thereof were immediately turned upon the Town; at which both Soldiers and Inhabitants were so frighted, that they quitted the Walls, and endeavoured to escape over the River: But the Cromvelests perceiving their Cowardice, presently clapped Scaling-ladders to the Walls, and took the Town by Storm, and put all they found in Arms to the Sword, to the number of 2000 Men; and Sir Edmond Butler himself was shot in the head as he was swimming over the River. But we must attend the Lord-Lieutenant, and inquire what he did towards the Defence of the Kingdom, and we shall find that he did all that was possible for one in his circumstances; his main dependence was upon the Conjunction of Owen Roes Forces, and the bravery of the Lord of Insiquin's Horse; and in expectation of some good effects from these, he stayed at Trim, during the Siege of Tredagh, designing as soon as Owen Roe should come up, to endeavour to raise that Siege; but that General did not come in time, the Agreement with him not being finished until the 12th day of October, upon the Terms mentioned by P. W.'s Remonstrance, 597: and Insiquin's Cavalry being most of them Englishmen, did not care to fight against their Friends and Countrymen, and therefore daily revolted to Cromwell, even by Scores and Squadrons, which drew that Lord back again to secure his Garrisons in Munster; which about this time began to Mutiny. However, after Tredagh was taken, Ormond put a good Garrison into Trim, and endeavoured to Rendezvouz his Forces at Kilkenny; he pressed Wexford to accept of a Garrison, but they would have none, except a few Companies of their own choosing, under lieutenant-colonel Synot, who was a creature of their Bishop of Fernes. Nevertheless, the Lord-Lieutenant omitted nothing within his power, for their Defence; but as he heard of Cromwell's March that way, he also went to Graig, and thence ordered his Forces to march forward to Ross, whilst himself went to Duncannon to view that considerable Fort, and the same night he came to the Army to Ross, and from thence sent the Lord of Castlehaven to conduct a Regiment into Wexford, which he accomplished, as hath been related: but that Recruit not being enough, Ormond himself marched to the Ferry on the North side of Wexford, and sent in Sir Edmond Butler with more Supplies, as hath been said: And having notice that Lieutenant-General Jones lay about Iniscorfy to intercept him in his return, he marched round through the Mountains of Wicklow, and came to Leighlinbridge, where lieutenant-colonel William Butler brought him the News of the loss of Wexford. Hereupon his Excellency leaving the Horse to refresh themselves in the Counties of Carlow and Kilkenny, ordered the Foot to march to the Banks of the River over-against Ross, and went himself with his Lifeguard to Duncannon, where he left them under Colonel Edward Wogan, whom he made coordinate with the former Governor Roch, believing that Cromwell's next attempt would be upon one of these two places. And accordingly Cromwell did march from Wexford to Ross, whereupon the Marquis of Ormond sent in Major-General Taaf and 1500 Men into the Town, in view of the English Army, who by reason of the River could give no opposition thereunto: But before this Governor would take charge of the Town, he desired an Order from the Lord-Lieutenant, To Surrender the Place whenever he and his Officers should judge it could be no longer Defended. And it was granted him: and although he was a Papist, and a principal Man amongst the Confederates, yet did the Popish Clergy afterwards make this one of their Complaints, That Ormond gave the Governor Orders to Surrender the Town. And it is certain, that he could not have made a less considerable Resistance, if he had had such Orders; for as soon as the Great Guns began to play, the Governor began to Capitulate; and having, amongst other things, desired Liberty of Conscience for such as should stay: He was answered by Cromwell, That he meddled with no Man's Conscience; but if by Liberty of Conscience, he meant a Liberty to exercise the Mass, he judged it best to use plain dealing, and to let him know, that where the Parliament of England had power that would not be allowed. And so the Governor finding he could get no better Conditions, was content to march out with Bag and Baggage, carrying with him 1500 Men over the River to Kilkenny, and the other 600 stayed behind, and took pay under Cromwell. Upon this prodigious Success without fight, Cromwell sent a strong Detachment to attempt Duncannon; but that place being well provided, made a vigorous Defence, so that it was thought fit to raise that Siege, and return to Ross, where Cromwell was busy building a Bridge of Boats over the Barrow, with design to march into the County of Kilkenny, and he performed it to the Admiration of the Irish, who never had heard of such a thing before; and soon after it was finished, Colonel Abbot with a Party of Horse and Dragoons took Enisteig, a small walled Corporation, which was deserted by the Irish upon his approach to the Gates; and the whole Army marched thither, leaving Cromwell sick at Ross; and finding that Ormond was retired to Kilkenny, they detached Colonel Reynolds with twelve Troops of Horse, and three of Dragoons, to attack Carrick, which succeeded to their mind; for he divided his Detachment into two parts, and whilst he amused the Garrison with one party, the other entered at another Gate, and took the Town, and in it a hundred Officers and Soldiers, and the rest made their escape over the River. In the mean time the Marquis of Ormond being joined with the Lord of Insiquin, who was again returned from Munster, was pretty strong in Horse, but exceeding weak in Foot; However, he proposed to fight the Enemy; but there was one good reason, and one ill accident, that diverted that design; the reason is, that Lieutenant-General farrel with some Regiments of Owen Roe's Foot was daily expected; and the accident was, that Sir Luke Fitz Girald sent them word, that a Party of Cromwell's sick Men were marching from Dublin to Wexford; whereupon it was resolved by the Council of War, and the Commissioners of Trust, that Insiquin should march with 1500 Horse to attack them; and accordingly he overtook them on Wexford-strand, but was received so warmly, that his Irish Horse ran away after the first Charge; and though the rest stayed to a second Assault, yet having lost many Officers and Men, they also thought fit to retreat to the Marquis of Ormond, who was then at Thomastown. And if there were any opportunity of fight Cromwell, since his arrival, it was at this time when his Army was near Thomastown; but even then no wise General would have atempted it; first, because there was no right understanding between the Protestants and Papists in the Royal Army: Secondly, because the Horse were lately baffled, and much harassed: And thirdly, because Lieutenant-General farrel and his Foot were not yet come up: But there was a greater reason than all this, which was, That Ormond had intelligence, that Cromwell designed for Kilkenny; and therefore he retired thither to save the City, and to join farrel who came to him there: and then it was unanimously resolved to fight the Enemy: And altho' no more than seven days Victuals could be got together, yet the Lord-Lieutenant with that slender Provision marched out of Kilkenny, to find out Cromwell; but that General had, upon notice of the taking of Carrick, a 22 October. marched thither, and had passed over the Sure, to the Siege of Waterford; whereupon it was resolved that the Lords of Insiquin and Taaf should storm Carrick, and the Lord-Lieutenant should conduct Lieutenant-General farrel, and 1500 Ulster-men and put them into the City of Waterford: And this latter was done, but the former miscarried for want of Spades, Pickaxes and other Materials; so that above 1000 Men were b 24 Octob. slain under the Walls of Carrick, by Colonel Reynolds, and the small Party he had there in Garrison, being but 150 Foot, six Troops of Horse, and a Troop of Dragoons. Nevertheless, the Marquis of Ormond once more attempted the Relief of Waterford, and brought some of his Forces on the North-side of the Sure, opposite to the City; whereupon Cromwell (who had c 25 Octob. taken Passage-Fort) finding that he had lost more Men by Sickness in this Winter's Siege than he could well spare, drew off his Army towards Dungarvan. And though Ormond ferried over to Waterford, and courted that City to send Boats to waft over his Men to fall upon Cromwell's Rear; yet the Citizens (being afraid they would make that place their Winter-quarters) refused to admit any more than some few more of the Ulster-men into that City. And it is observable, that though Cromwell's Army was much harassed, and but very small, perhaps not exceeding 5000 Foot, 2000 Horse, and 500 Dragoons, when he came before Waterford, yet the fame of this General had so frighted the Irish, that the Mayor and Governor of Waterford hearing of his approach, did on the 28th of October send a Letter to the Marquis of Ormond, to consult about the Terms to be insisted on at the Rendition of the City: But Ormond the next day by his Letter chid them for their forwardness to Parley with the Enemy before any Battery was begun; and assured them, that if they did their Duty, Cromwell should be baffled before that place; as indeed it happened, for he lost a 1000 Men with Sickness before it, and went away without it. And it was about this time in the Month of October, that Mr. Seymour arrived in Ireland, and brought with him the Garter to the Marquis of Ormond: And it was by him that Ormond gave the following Account to his Majesty, 30 Octob from Clonmell. viz. That Ireland cannot be preserved without Succours; that no People in the World are more easily drawn by Reward, or forced by Fear, than the Irish: That he could not draw into the Field above 5000 Foot, and 1300 Horse, nor keep them long together for want of Necessaries: That nevertheless, there is no want of Men, but of Maintenance for them; that the Plague is in Conaught; that the Irish and English in his Army cannot agree: That no Trust can be put in Owen Roes Army, longer than their own Interest obliges them. And therefore, if his Majesty comes, he ought to bring Ammunition and Money with him, and land them at Galway. And soon after, from Waterford on the 15th of November, his Lordship wrote again to his Majesty, That the Irish are so fickle, that for Trade's sake they will correspond with the Towns in the Rebel's possession: That the Irish Clergy are mutinous, and by means of the Lord of Antrim, will probably do some foolish and fatal thing. From Waterford, Cromwell marched to Dungarvan, which he took; and there on the 18th of November died Michael Jones, Lieutenant-General of the Army, a Man of clear Valour, and excellent as well as fortunate Conduct; and not inferior to any body in a sincere passion for the good of his Country. In the mean time the Towns of the Country of Cork, being inhabited and garrisoned with Englishmen, could not endure the thoughts of joining with the Irish against their own Countrymen; they considered how the Lord-Lieutenant was not only limited in his Authority by the Commissioners of Trust, and was but partially and precatiously obeyed by the Irish: They knew the Irish aimed at their Destruction in the end, and continued the War to that purpose: Finally, they remembered the reasons of surrendering Dublin to the Parliament two Years before; and they thought they had the same motive to submit now; and therefore by the means of the Lord Broghill, Colonel Countny, Sir Percy Smith, and the Colonels, Townsend, Jeffored, and Warden, they revolted all at once; and about 2500 Men were drawn out of those Garrisons, and they met Cromwell at Whitechurch, not far from Dungarvan. This Revolution dissolved all confidence between the English and Irish, and as well for that reason, as in other respects, proved advantageous to Cromwell, for otherwise he must have been forced to endure a long and dangerous March to Dublin, or to have embarked his Men on board the Fleet, that coasted all along as he marched, to attend him; but by this Revolt he got excellent Winter-quarters in Cork, Bandon, Kinsale, and Youghall, which last place was made his Headquarters; and there we will leave him, and inquire into the Motions of the Marquis of Ormond. For although the Motions of that Lord could not be very considerable, as well because of the Season of the Year, and his want of Money and all other Necessaries, as also because his Men did daily desert him in such numbers, as that of all the Conaught Horse he had but nine and thirty left with him: yet he so struggled with all these Difficulties, that he still kept some Forces together hover between clonmel and Waterford. And it happened one day that he ferried over to Waterford with about fifty Horse, in hopes to persuade that City to all that was necessary for its own preservation, and the common good; but when he came there, he found that the Governor (Lieutenant-General Farrel) and Colonel Wogan from Duncannon, had form a design upon Passage-Fort; and though Ormond much doubted the success, yet it was not fit for him at that time to dissuade the Attempt: And so farrel marched out, but he was not long gone, before a Party of the Enemy's Horse was discovered to march towards Passage; whereupon Ormond desired the Mayor to permit a Regiment or two of his Horse, which were on the other side of the River, to be wafted over, and to march through the City; but all his Commands and Entreaties were in vain; although the Citizens saw the danger their Soldiers were in, and the necessity of the proposed Relief: However, the Marquis marched out with his fifty Horse, such as they were, and met Farrell's Foot flying towards Waterford, and Colonel Zankey's Horse in pursuit of them: hereupon he drew up in a place of advantage, and the Enemy (thinking he had a greater Body of Horse with him than in truth he had) lessened their pace, till by advanced Parties they should discover the truth: but Ormond pickeered so long with them, that the remainder of the Foot (being about one half) had time to escape, which else had been cut in pieces, or taken Prisoners, as their Companions were. This very Accident shown the necessity of the retaking Passage-Fort, which else would be a continual Nuisance to the City of Waterford; and therefore the Lord-Lieutenant proposed, that he would transport his Forces over the River to accomplish that Undertaking, if the City would permit his Army to Quarter in Huts under their Walls, where they should be no ways burdensome, but should have Pay and Provisions from the Country. But the Citizens were so far from consenting to this, that it was moved by one in the City-Council, That they should seize on Ormond ' s person, and fall on those that belonged to him as Enemies. So that it was time for the Marquis to departed; and because the principal Towns like so many petty Republics, stood so stiffly upon their pretended Privileges, that they paid no farther Obedience to the Lord-Lieutenant than they thought fit, and refused to receive his Army into Garrisons, he was forced to disperse his Forces to provide for themselves as they could: Luke Taaf went to Conaught, and Insiquin into the County of Clare, and the Lord Dillon into Westmeath, only Major-General Hugh O Neil and 1600 Ulster-men were admitted into clonmel, and his Excellency returned to Kilkenny. And it was from hence that by his Letter of the 24th of December, he acquainted his Majesty how his Authority was despised by those great Pretenders to Loyalty: to which his Majesty answers by his Letter of the 2d of February, That he wonders at the Ingratitude of the Irish in the apparent breach of their Recognition of him in the beginning of the Articles of Peace, and their solemn Protestations to himself: And orders, That if Ormond finds them incorrigible, ☞ he should timely advise the King of it, that (not believing himself bound to the Conditions of Peace, whilst they are destructively infringed by the Irish, and made useless to his Majesty) he may use other means for his Restitution; and that Ormond should withdraw as soon as he thinks fit. In the mean time the Popish Prelates and Clergy met proprio Motu at Cluanmacnoise; and though it was expected that by the means of the Marquis of Antrim, they would do something or other that would be very disobliging and seditious: yet on the contrary, they made most pathetical and pious Exhortations to Unity, and to lay aside all National and other Animosities; and declared, it was in vain to expect any tolerable Conditions for their Religion, Liberties, and Estates from Cromwell; in a word, they said so much, and so well, that the Lord-Lieutenant was almost deceived into fresh hopes of their Loyalty and Integrity. But an Adder cannot be without a sting, nor a Popish Ecclesiastical Congregation meet in Ireland, without doing something disobliging to the Royal Authority, whilst in Protestant hands, and even this meek and pious Assembly could not dissolve, until it had spit some of its Venom in a Schedule of Grievances. But it is yet more strange, P. W.'s Remonstrance, 83. that some body had the confidence to obtrude a spurious Paper of Greivances on the Commissioners of Trust, instead of the true one, and they gave it to the Lord-Lieutenant; Whereupon he being highly incensed, demanded of the Bishops, whether they owned that Paper; and they denied it, and, on the first of April, and not till then, produced the true one; which was pragmatical enough, but not near so bad as the other. But that the whole Kingdom might be satisfied, that there were no real Greivances, nor just cause of Complaint, since all the Mischiefs that had happened were occasioned by the Obstinacy of the Ungovernable Corporations. Ormond did permit the Commissioners of Trust to issue their Circular Letters, for Deputies from all parts of the Kingdom, to represent their Grievances; and accordingly they came, in the latter end of January; but being alarmed at Kilkenny, these Deputies adjourned to Juny (I suppose Innis) in the County of Clare, where they made much noise, but never had the confidence to reduce their clamour into writing; and the Lord-Lieutenant left the City under the Government of the Earl of Castlehaven, and went himself to Limerick, to which place, by his Letters of the 27th of February, he invited the Popish Prelates and Clergy, and they being come, accordingly, on the 8th of March, his Excellency proposed to them, That unless the People might be brought to have a full Confidence in him, P. W.'s Remonstrance, 75. and yield a perfect Obedience unto him; and unless the City of Limerick in particular, would receive a Garrison, and obey Orders, there was no hopes of making any considerable Opposition to the Enemy; and desired them to deal freely, if they had any mistrust of him, or dislike of his Government, since he was ready to do any thing for the People's preservation, that is consistent with his Honour, and his Duty to the King: And since it was manifest, that the Name without the Power of Lord-Lieutenant, could bring nothing but Ruin upon the Nation, and Dishonour upon him, they should either procure entire Obedience to his Authority, or propose how the Kingdom might be preserved by his quitting it. To all which they answered, with many expressions of Respect and Affection, and gave his Excellency a Paper of Advice, mentioned Appendix 45: and so we must leave them for a while, and see what was done in the rest of the Provinces. In Ulster the Presbyterians, and especially the Scots, were fierce against the Parliament of England, insomuch that the Presbytery of Belfast did on the 15th Feb. 1648, publish a Paper entitled, A necessary Representation of the present Evils and eminent Dangers to Religion, Laws, and Liberties, arising from the late and present Practices of the Sectarian Party in England; together with an Exhortation to Duties relating to the Covenant. The design of which is to exhort the People from associating with Sectaries or Malignants: To which Sir Charles Coot, and others of the Parliament party, made an answer, wherein they observe, That if they decline the Parliament, Burlace 207. they shut the door against all Succours and Supplies from England. And secondly, They make a Rent and Division amongst themselves. And thirdly, Must join with the Rebels, or desert the Kingdom. And lastly, Must fight against an Army that hath been the Instrument of the Liberty of England, and the Quiet of Scotland. And it is certain, that for want of due regard to the Dilemma, in the third Observation, the Presbyterian party fell into the Inconvenience mentioned in the second: for the Lord of Ards, Sir George Monroe, and others joined with the Lord-Lieutenant, and the Irish in submission to the King, whilst many of the Preachers declaimed so passionately against both Malignants and Sectaries, (as they called the King's party, and the Parliament's) that Sir George Monroe was fain to send many Letters, and some Threatening Messages to silence them. But this Division became the occasion of their Ruin, for though they had once all Ulster, except London-Derry, which was also besieged; yet they were in very few Months subdued, for as soon as that Siege was raised by Owen Roe, Sir Charles Coot marched abroad and took in Col●rain; And Venables being by Cromwell detached from Tredagh, had Belfast surrendered to him; and though Colonel Trevor did fall upon Venables in his Quarters on the Road to Belfast. yet he was bravely repulsed by the Valour of Captain Meredith; and than Venables marched to Carrifergus, which submitted to him even before his Foot came up, and being joined with Sir Charles Coot, they beat Monroe and the Scots on the Plains of Lisnegarvy, on the 6th of December, and so the Parliament became Masters of most part of what the Presbyterians possessed in Ulster. But it must not be forgotten, that lieutenant-colonel Owen O Conally (the first Discoverer of the Irish Rebellion) marching with a party of Horse from Belfast to Antrim, was fallen upon by Monroe, and totally routed, and himself slain. And as for Conaught, Beling 196. I find no other mention of any Action there, but that the Marquis of Cla●rickard took Sligo in the Month of May 1649; I suppose from some of the Parliament party. In the mean time Cromwell took advantage of the fair Wether, ☜ and knowing that nothing could be so destructive to the Irish, who wanted all Necessaries, as an early Campaign; he marched out of his Winter-quarters in the latter end of February with 3000 Men, and even that small Army was divided into two parties; with the one Cromwell marched to Cahir, which he took, as he also did Kilfinin, Gowlenbridge, Fethard, Cashell, Clogheen, and Roghill, and sat down before Callan; and Ireton with the other part, being reinforced by Reynolds and Zanchy, took Ardkenon, Dundrum, Knocktopher, Ballynard, and other Castles, and joined Cromwell at Callan: Which last place, as also Graige and Thomastown were easily subdued by their united Forces; so that they marched to Gowran, to join Colonel Heyson, who with a Detachment from Dublin had taken Ballysannon, Kildare, and Leighlin, and met them at Gowran, which was, after too long Resistance, surrendered by Colonel Hammond, upon hard Conditions, so that he and most of the Officers were shot to death. And then the Army, being very considerable and numerous, especially in Horse, besieged Kilkenny, from whence Castlehaven and his Forces were withdrawn by reason of the Plague, and the General Assembly was fled to Athloane; so that there was but 600 Foot, and 50 Horse under Sir Walter Butler and Major Walsh, left in the City, nevertheless, they made a vigorous Defence, and bravely repulsed the first Assault; and afterwards, having no hopes of Relief, surrendered upon very honourable Conditions, on the 28th of March, 1650. From thence Cromwell marched to besiege clonmel, 1650. which he found well provided of all things necessary for its Defence; so that it proved the hardest Task he undertook in Ireland. Moreover, the Titular Bishop of Ross, had gathered about 5000 Men together, and that Army was daily increasing, with design to raise the Siege: But it happened luckily, that the Lord of Broghill being at Castlelyons, had secret intimations from his Brother-in-law, General Barry, That the Irish had cast off the King's Authority, and had put all into the hands of the Clergy; and that Ormond had discovered their design, and therefore gave liberty to the Protestants of his Army to treat with Cromwell: And that the Irish designed to make Kerry and Conaught the seats of the War; and that 20000 Men would suddenly be in Arms under the Command of the Titular Bishop of Ross, (who always advised to kill the English) unless that Cockatrice be destroyed in the Egg. Hereupon the Lord Broghill posted to Cromwell, and having obtained 2000 Horse and Dragoons, and 1600 Foot, he marched with incredible Celerity to Kilkrea, and thence to Carrigadroghid, which he found garrisoned with the Bishop's Soldiers; however, he left his Foot there, and marched with the Horse to Maccroom: Upon his approach the Irish fired the Castle, and retired to the rest of their Army, which to the number of 5000 were in the Part; but the Lord Broghill lost no time, but fell upon them briskly, whilst they were amazed at an Assault they little expected: In fine, he totally routed the Army, Battle of Maccroom, 10 of May. and took the Bishop prisoner, to whom he proffered his Life, if he would cause Carigdroghid to be surrendered; and the Bishop promised fair, but which he came to the Castle, instead of ordering the Garrison to surrender, he advised them to hold it out to the last: whereupon he was immediately hanged; and soon after Carigdroghid was taken by a very slight Stratagem; for the English got two or three Teams of Oxen, and made them draw some great pieces of Timber towards the Castle, which the Irish thinking to be Cannon, presently began to parley, and upon Articles gave up the place. But we must return to Cromwell, whom we left at the Siege of Clonmell, where having made a breach, he caused it to be assaulted; but (as himself expressed it) he had like to bring his Noble to Ninepences; for he lost above 2000 of his best Men, and yet did not take the Town at that time: but in a few days, the Governor Hugh O Neal, having spent his Powder, and finding that the Town would be lost, he withdrew all his Soldiers, secretly and by night, over the Bridge to Waterford; and Cromwell not knowing of it, gave the Town's Men good Conditions for themselves, upon which they surrendered. It was at this Siege that Cromwell received positive Orders to return to England; and in obedience unto them, he embarked at Youghall on the 29th day of May, and left the Command of the Army with his Son-in-law Ireton, who was before Major-General of the Army, and Lord-President of Munster. But it is time to return to the Marquis of Ormond, whom we left at Limerick with the Popish Clergy, and the Commissioners of Trust; where, notwithstanding the respectful Answer, and promises of the Clergy, already mentioned, the Citizens of Limerick were so far from complying with his expectation, that they were deficient in common and outward Respect; they did not permit access to him without special orders of the Mayor, which was sometimes with difficulty obtained: And they imprisoned the Lord Killmallock for quartering some Horse one night within their Liberties, by his Excellency's order. And the Officer of the City-Guards, did neither come to receive the Word from his Lordship, nor bring it to him: Wherefore, not willing to expose the King's Authority to so many Affronts, he went to Loghreagh, and the Popish Clergy adjourned thither also, and there he gave them the Answer to their Paper of Advice, mentioned Appendix 45; wherewith they seemed to be so well satisfied, that on the 28th of March, they issued the following Declaration: The Declaration of the Undernamed Bishops, in the Name of Themselves and the rest of the Bishops Convoked at Limerick, as deputed by them, Presented to the Lord Marquis of Ormond, Lord-Lieutenant for his Majesty, and General Governor of Ireland, etc. MAY it please Your Excellency to be informed, That We are very sensible of the Jealousies and Suspicions conceived of Us, (as was intimated unto Us) that we believe arising from some disaffected and misunderstanding Persons, that spare not to give ill Characters of Us; as if these deplorable Times, wherein Our Religion, King, and Country are come to the vertical Point of their total Ruin and Destruction, it should be imagined by any, that we behave ourselves like sleeping Pastors, in no ways contributing our best Endeavours for the Preservation of the People, which ought to be more dear unto us than any worldly Thing that may be thought of: Wherefore, as well for the just Vindication of our own Reputation against such undeserved Aspersions, as for future Testimony of our Sincerity and Integrity, to endeavour always the Safety of the People; and to manifest to Your Excellency, as the King's Majesty's Lieutenant, and Chief Governor of this Kingdom, That no Labour or Care of ours hath been, or shall be wanting, to proceed effectually to any Proposals you will please to make known unto us, that may conduce to those ends: We thought it therefore fit to present this Declaration of our real Intentions, in the Name of ourselves and the rest of our Brethren, the Archbishops and Bishops of this Kingdom, whereby we avow, testify, declare, and protest before GOD and the World, That since our General Meeting at Clanmacnoise, or here, we have omitted nothing that did occur unto us, tending to the advancement of his Majesty's Interest, and the Good of the Kingdom generally, but have there and then ordered and decreed all to us appertaining, or which was in our power, necessarily conducing to the public Conservation of his Majesty, and his Subjects Interest: And also do, and have endeavoured to root out of men's hearts all Jealousies and sinister Opinions, conceived either against your Excellency, or the present Governmen; as by our Acts, there conceived, ma● appear. And aster our parting from thence, in pursuance of our unanimous Resolution taken in that place, we have accordingly declared to our respective Flocks our happy Agreement amongst ourselves, and our earnest desire to labour with them to those ends; and made use of our best persuasions for the purchasing of their Alacrity and cheerful Concurrence to the Advantage of that Service. So that if any thing was wanting of due Correspondence, sought by your Ezcellency, we conceive it cannot be attributed to any want of care or diligence in us. And for further intimation of our hearty desires on all occasions to serve our King and Country, we declare, That we are not yet deterred for want of good Success in the Affairs of the Kingdom, but rather animated to give further Onsets, and try all other possible Ways; Wherefore we most humbly entreat your Excellency to give us some particular Instructions, and to prescribe some Remedies for, and touching the Grievances presented by us to your Excellency, for pacifying of Discontented Minds, and put us in a way how to labour further in so good a Cause: And we do faithfully promife, that no Industry or Care shall be wanting in us, to receive and execute your Conditions. And in conclusion, We leave to all impartial judicious Persons sad and serious Considerations, to think, how incredible it is, that we should fail to oppose, to the uttermost of our power, the fearful and inceasing Potency of a Rebellious and Malignant Murderer of our late Sovereign King Charles; to which Enemy also nothing seemeth more odious, than the Names of Kings and Bishops; and who aims at nothing so much as the Dethroning of our now Gracious King Charles the Second, and the final Extirpation of our Natives, in case (as God forbidden) Events and Successes would fall suitable to his most wicked Designs. So far we thought necessary to declare to your Excellency from ourselves, as the sense likewise and true meaning of the rest of our Brethren, other Bishops of this Kingdom. Dated at Loghreogh the 28th of March, Anno Domini 1650. Jo. Archiepiscopus Tuamensis. Wa. Episcopus Confert. Fran. Aladensis. Rob. Corcagen & Cluanensis. Fr. Hugo Episcopus Duacensis. But notwithstanding the specious pretences and fair promises in this Declaration, they verified Cromwell's observation of them, That they preferred their own Interest before the King's; and that their professions in favour of Protestants were hypocritical. For although they desired Instructions so earnestly, as if they meant to observe them, yet having received Instruction to bring the City of Limerick to a better temper, they did nothing effectually in it, though they did colourably send Sir Richard Everard and Doctor Fennell to treat with that City; and they carried with them Letters from the Commissioners of Trust, to the Mayor, and from the Bishops to the Archbishop of Cashell, and Bishop of Limerick; which if sincerely wrote, could not in reason fail of producing some effect. But the cause of suspecting their sincerity, did not proceed barely from the unsuccessfulness of their Endeavours, but also from a discovery of the dishonest manner of their proceed with the Lords of Ormond and Insiquin, whilst they were at Limerick; for whilst some of the Prelates and leading Men of that City came to his Excellency, under show of Friendship and Respect, and informed him, That the Waywardness and Dissatisfaction of the People proceeded from their Aversion to Insiquin, who had always prosecuted the War against them with Rigour and Animosity, and had defiled himself with the Blood of the Religious at Cashel, and of whom they could have no Assurance, since his Principal Confidents betrayed the Towns of Munster; but if his Excellency would dismiss that Lord, and disband his Troops, that then the whole Nation, as one Man, would be at his disposal. Another party of Popish Bishops, and other leading Men, addressed themselves to Insiquin, and assured him, That they expected no Success under the Conduct of Ormond, because he was not of their Nation, and was so indulgent to English Interest and Englishmen, that he little regarded them or theirs: But if his Lordship (who was of the most Ancient and Noble Extraction of Ireland) had the Supreme Command, than all would be well. But these two Lords compared Notes, and thereby discovered the bottom of the Contrivance, which was to create a Quarrel between them, that so they might the easier get rid of them both. And indeed from that time forward Ormond had so small hopes of the Irish, that he employed the Bishop of Derry to treat with some foreign Prince, about transporting 5 or 6000 Men into their Service at usual Rates, and he designed to go with them himself; and having no means to support Insiquin's Army, he did, at the importunity of the Commissioners of Trust, who were as weary of the Engling as the English were of them, disband Insiquin's Forces, except Colonel Buller's Regiment, which was designed to be sent to the King from Galway. And on the first of May, Dean boil (now Lord Primate) was employed by Ormond and Insiquin, to treat with Cromwell, Upon what Terms the Protestants of their Party might be received into Protection. In the mean time the King, by his Letter of the 11th of March, from Beauvois, informs the Lord-Lieutenant, That one Rochfort, from Lieutenant-General farrel, and one Daly, disguised under the Name of Dominico de Rosario, were with his Majesty, and represented Ormond as backward in granting Graces and Favours to the Irish. But the King advises him to persevere, and if need be, rather to exceed in Concessions about Civil Matters, than in Matters of Religion; and that if there must be farther Concessions in Religion, that th●n they should be made in general Terms, with reference to a future Parliament, and gives him full power to do as he sees fit; and desires to know, whether if he fail with the Scots, he may conveniently come for Ireland. And indeed this had been the proper time for his Majesty to have come thither; and the Marquis of Ormond did invite him to do so: and the Queen Mother on the 10th of March 1649, sent the Lord Byron on purpose to press him to the Voyage, and to get the Scotch Commissioners consent thereunto. And it seems the King did intent it, for some of his Goods were sent into Ireland; and whatever it was that hindered him, it is certain, that in his Letter of the 15th of October 1650, he lamented his misfortune in not coming to Ireland, when Ormond invited him. But to proceed, the Ulster Army by their Capitulations had power to choose their own General, and accordingly they did elect the Titular Bishop of Clogher; and the Lord-Lieutenant being acquainted with it, sent him a Commission on the first of April; and the same day the true Paper of Grievances, indicted by the Bishops at Cluanmacnoise, and signed by their Secretary, the Bishop of Clonfert, (already mentioned) was given to his Excellency: Whereupon he summoned a General Assembly to meet at Loghreagh on the 25th of April; and then he gave them an Answer to those Grievances, and imparted to them his Majesty's Letter of the 2d of February, To withdraw himself when he should think fit. Whereupon on the 30th of April they Address to him respectfully, as Appendix 46. And the next day his Excellency, resolving to rely no more on General Protestations, sends them smart Observations upon that Address, as Appendix 46. Whereunto they make answer ●n the 2d of May, in a very dutiful manner, with many fair promises; and actually sent the Archbishop of Tuan, and Sir Lucas Dillon, with pressing Letters to Limerick, to receive a Garrison, and obey his Excellency's Orders. Whereupon Ormond was once again cajoled by their fair Pretences, and dismissed the Frigate he had provided for his Transportation, and resolved to stay in the Kingdom. And though the Answer these Agents brought from the City of Limerick, was imperfect, yet it was such as gave hopes to the Lord-Lieutenant; so that he drew near the City to be ready to embrace the critical Opportunities of their good Humour: And accordingly on the 12th of June he received from the Mayor the following Letter: May it please Your Excellency, THE City-Council have given me in Command, to signify, and humbly to offer unto your Excellency, That it was expected by them, that you would, being so near the City yesterday, bestow a Visit upon it; the which is no way doubted had been done by your Excellency, if your greater Affairs did not hinder you from the same; and yet do expect when those are over, your Excellency will be pleased to step hither, to settle the Garrison here; the which without your presence, cannot be (as is humbly conceived) so well done, or with that expedition as our Necessity requires: The particulars whereof we refer to Alderman Peirs Creagh, and Alderman John Bourke, their relation; to whom we desire Credence may be given by your Excellency, and humbly to believe, that I will never fail to be Limerick the 12th of June, 1650. For his Excellency the Lord-Lieutenant, General and General Governor of Ireland. Your Excellency's Most Humble Servant Jo. Creagh, Mayor, Limerick. And to that Letter his Excellency returned the following Answer: AFter Our hearty Commendations: We have received Your Letter of this day's date, by the conveyance of Alderman Piers Creagh, and heard what Alderman John Bourke and he had to say, as from that Corporation: In answer whereunto We imparted some particulars unto them, wherein We expect satisfaction: which if you send Us to the Rendezvouz to morrow, where We intent to be, We shall visit that City, and employ our uttermost Endeavours in settling the Garrison necessarily desired thither, both for the Defence and satisfaction of that City. And so We bid you hearty Farewell, From Clare the 12th of June, 1650. For Our very Loving Friend, the Mayor of the City of Limerick, These. Your very Loving Friend ORMOND. The Particulars mentioned in the abovementioned Letter, were these: I. To be received in like Manner, and with such Respect, as Lord-Lieutenants heretofore always have been. II. To have the Command of the Guards, the Giving of the Word, and Orders in the City. III. That there be Quarters provided within the City, for such Guards of Horse and Foot as he should carry in, who are to be part of the Garrison, whereof a List shall be given at the Rendezvouz. And so not doubting of their Compliance to such reasonable and necessary Articles, his Excellency came to the place of Rendezvouz, where the two Aldermen waited on him, and told his Excellency, That the City had agreed to all his Proposals, but that of admitting his Guards. Whereupon his Lordship sent back this Message: That he carried his Guards because of the Dignity of his Place, and to prevent any popular Tumults that might happen from lose People, and not from any Disgust or Jealousy of their Loyalty or Affection of the Magistrates of the City: However, his Guards should not exceed 50 Horse and 100 Foot, all Roman Catholics, and such as had been of their Confederacy. And so believing they would not reject any thing that was so reasonable, he marched on towards the City; but when he came near the Gates, the same Aldermen that invited him in, were sent out, to let his Excellency know, that one Wolf (a seditious Friar) had raised such a Tumult in the Town, that it was not safe for him to come in, until it should be appeased: Whereupon he retired to Shanbuolly, and from thence sent the following Letter; to which he could never get any satisfactory Answer: On the contrary, they broke open his Trunks of Papers, which his Excellency had left in that City; and seized upon the Stores of Corn he had laid up there for himself and the Army. And though they afterwards refused to receive his Excellency, even whilst Ireton was before the City, yet they readily entertained some Troops that had contrary to Orders deserted the Army; and they forced Contribution from those that had punctually paid it before, to the use of the Army, and according to Order. And when the Lord-Lieutenant wrote to the Mayor for Redress, that Magistrate did reply, That Hugh O Neal was Governor. And when he wrote to O Neal, he did more truly answer, That he was but a Cipher, and the power was in the Corporation. And so he could get no satisfactory Answer from either of them. AFter Our hearty Commendations: According to Our promise in Our Letter of the 12th of this Month, from Clare, We came yesterday to the Rendezvouz, with intent to have gone into that City, for the purpose desired by you in your Letter of the same day's date: but upon our coming to the place, we received a Message from you, by Alderman Peirs Creagh, and Alderman John Bourke, importing, That you consented to all we had formerly proposed to you, except the admittance of our Guards. Hereupon we returned the said Messengers with answer, That we intended not the drawing in of our Guards out of any mistrust we had of the Loyalty of the Magistrates of that City to his Majesty, or of their Affection to us; but for the Dignity of the Place we ●old, and to prevent any popular Tumult that might be raised by desperate uninterested Persons against us, or the Civil Government of that City, whereunto we had cause to fear some lose People might by false and frivolous Suggestions, be too easily instigated: And to take away all possibility of suspicion from the most jealous, that we could have any other end to the prejudice of that City, the Guards we proposed, were but one hundred Foot, and fifty Horse, and those to consist entirely of those of your own Religion, and such as by having been constantly of your Confederacy, are interested in all the benefits of the Articles of Peace. To this we received no positive reply, but in an uncertain manner were told, by the said Aldermen, of some Uproar raised by a Friar, in opposition to the desires and intentions of the Mayor and principal Citizens, touching our coming thither. Whereupon we thought not fit to subject his Majesty's Authority placed in ●s, to a possibility of being affronted by a wild Rabble of mean People, but rather to expect the issue of more settled Councils: Wherein, we hope, will be taken into consideration, not only by what power you were first made a Corporation, and by whose protection you have since flourished, but also what solid foundation of Safety (other than by receiving the Defence we offer) is or can be discovered to you, by the present Disturbers of your Quiet. To conclude, We expect your present Answer, that in case we be encouraged to proceed in the ways we have laid down of serving the King, and preserving that City from the Tyranny of the Rebels, we may immediately apply ourself thereunto, or (failing in our desires therein) we may apply ourself and the Forces we have gathered to that purpose, to some other Service. And so we bid you hearty Farewell, From Shanbuolly the 14 of June, 1650. To Our very loving Friend, the Mayor of the City of Limerick, These. Your Loving Friend ORMOND. But we must leave this rebellious City for a while, to attend the Popish Bishop of Clogher, who was so considerable a Man, and so zealous in the Interests of the Church, that by help of the Nuntio Party he expected to be made Generalissimo of all the Confederates: and the better to fit himself for it, he revived the National Distinction between old and new Irish, and th●se latter (being of English extraction) he turned out of his Army, and left none in but Macs and O●s, and then he thought himself so powerful, that he gave his Forces the Name and Title of The Confident Victorious Catholic Army of the North: Nevertheless, on the 20th of May, he and all his Officers had published a Declaration to wheedle such of the Scots and British as opposed the Parliament, wherein they pretended great Loyalty, And that as misconstruction and mistake made the Scots at first to rise against his Majesty, who was their own flesh and blood, so it was likewise misunderstanding that occasioned the falling out between the Irish and the Scots in the beginning of these Wars; and therefore all should be forgotten, and all distinctions of Nation and Religion should be postponed and sacrificed to his Majesty's interest and service. But I suppose few of the Protestants were so simple as to be cajolled with that hypocritical Declaration; for though many upon the principles of Loyalty did still continue their desires to serve the King, yet they would by no means join with those that had purged their Army even of such Papists as were of English extraction. And that the Reader may know that Confidence in Ireland is no certain symptom of Success, I will make what hast I can to bring this Confident Victorious Catholic Army of the North to their total Defeat at the Battle of Skirfolas. It was on the 14th of April, that Sir Charles Coot, being in the Lagan, sent to Colonel Venables, then in Claneboy, to meet him at the Rendezvouz near Charlemont, with what speed he could: but the Bishop of Clogher having about the same time surprised Toom, and passed over some Horse and Foot into the County of Antrim, Venables was countermanded, and was ordered to retake the Castle of Toom; and Coot at the same time marched into the Barony of Loghinsolin to countenance that Attempt; and to keep three Irish Regiments of Foot, and five Troops of Horse, that were in that Barony, so employed, that they might not disturb Venables; and it succeeded according to expectation, for Venables had Toom surrendered to him; and Coot got good store of prey, and returned to Dungannon, but for want of Provisions he was forced to march to Omagh; and the Irish Army came to Charlemont, so that they were in the middle between Coot and Venables: Hereupon Coot; after several ineffectual experiments to get the Bishop from his ground, or to join with Venables, was necessitated to pass the River of Loghfoil; so that the Bishop ravaged over the whole Country, and though he was manfully repulsed at Lemavaddy by Major Dudley Phillips, yet he took Dungeven by Storm, after a gallant defence made by lieutenant-colonel Beresford, and had Bally-castle pitifully surrendered to him: Nevertheless, he was sometimes disturbed by Major King, who had three Troops of Horse, and three hundred Foot at Inniskilling, but that was not so considerable as to hinder the Bishop's resolution of passing over Clody-foard, to fall upon Sir Charles coot party, which he performed with great dexterity and courage; but Coot, who was ware of this, had provided another retreat at Breagdough behind the River that runs into Loghswilly, and though the Irish strove hard for that pass, yet it was in vain, for Coot maintained the pass: and by this means Venables had an opportunity to march from Colerain to Derry, and thence might ferry over to the Camp: The Bishop (who was a Man of great parts) soon perceived his Error, and saw there was no way to remedy it, but either to fight or return over the River before Venables could come up, and accordingly he put his Army in Battallia, and faced the English; but Coot (who had with him but his own Regiment of Horse, and four Troops of Coll. Richard coot, and 300 Country Horse, under Coll. Sanderson, and about 2000 Foot) had no reason to fight until Venables should arrive; however, they continued pickeering for many hours, and in the evening the Bishop drew towards the pass, but being disturbed by coot Horse, and having lost sixty Men, he posted himself at Litterkenny, having before sent a party to take in Castledoe, and to bring in Provisions: Whereupon Coot, being reinforced with a 1000 of Venables' Foot, wafted over from Derry, took advantage of that opportunity, and faced the Bishop, and resolved to fight; Battle of Skirfolas. in short, it came to a Battle at Skirfolas, two mile above Litterkenny, on the 21st of June, the English being 800 Horse and 3000 Foot, and the Irish 4000 Foot and 400 Horse; but the ground was so rough that the Horse could do little service on either side; but the Foot fought stoutly, even to club-Musket and push of Pike; but the issue was, that the Irish were totally routed; and then the Horse did great execution in the pursuit, which was continued farther than ever was heard of before, viz. above thirty Miles, for at Omagh Major King with his three Troops begun the pursuit afresh, and gleaned up what had escaped from the Battle: so that it was believed that 500 of all this Army did not escape; and even the Bishop himself was also taken by Major a Afterwards Lord Kingston. King, and by order of the Lord-President was the next day hanged. Nor is it amiss to observe the Variety and Vicissitude of the Irish Affairs; for this very Bishop, and those Officers whose heads were now placed on the Walls of Derry, were within less than a Year before, confederate with Sir Charles Coot, and raised the Siege of that City, and were jovially merry at his Table, in the quality of Friends. Nor must it be omitted, that the Duke of Lorraine sent his Agent Colonel Oliver Synot into Ireland, he landed on the 29th of April, 1650, and made a great noise of his Master's affection to the King, and his zeal to the Catholic Religion, and pretended that he had brought Money with him, and that he would lend 1000 l. for his Majesty's service, on the Mortgage of any Town or Fort that was considerable. Whereupon the Lord-Lieutenant appointed the Lords Taaf, and Athenry, and Jeoffory Brown to treat with him, and proposed to Mortgage Galway for that Sum: But at length it was found to be a juggle on Synot's side, and that either he had no Money, or no intention to part with it. And the Secret of this Affair is, that the Duke of Lorraine was engaged in a Negotiation at Rome, to Legitimate some Children that he had by Madam de Causecroix, in the life-time of his first Wife Nichol de Lorraine; and the easier to accomplish his design, he dissembled such an extraordinary Zeal for Religion as would transport his Arms into Ireland, to the relief of the Catholics there; but when he had effected his business at Rome, his Devotion to the Irish Service abated; so that being separately and at several times solicited by the King, and by the Agents of the Confederates, to the first he answered, That the King had nothing left in Ireland, and therefore it was in vain to treat. And to the others he answered, That he could not treat with them any farther, without the approbation of their King. And so with his usual dexterity he extricated himself out of this Affair. In the mean time Colonel Reynolds and Sir Theophilus Jones beat back some Forces that were sent to the Relief of Terroghan, and disturbed a Consult that was held in Westmeath between the Lord-Lieutenant, the Lords of Clanrickard and Castlehaven, and the Titular Bishop of Clogher, and they also in Trim, Ballyhuse, and Feynagh. And thus matters still growing worse and worse, and the Parliamentarians daily getting ground, the Popish Clergy did, Proprio Motu, assemble at Jamestown, on the 6th of August, and on the same day did give Commission to the Bishop of Fernes and Hugh Rochfort to Treat with foreign Princes, as Appendix 46; and afterwards did several things more extravagant. Nevertheless, to dissemble the Matter, and as preparatory to their Meeting, they sent the Lord-Lieutenant the following Letter: May it please Your Excellency, THis Nation (become of late the Fable and Reproach of the Christianity) is brought to a sad Condition: Notwithstanding the frequent and laborious Meetings and Consultations of the Prelates, we find Jealousies and Fears deep in the hearts of Men; Thorns hard to take out. We see most Men contributing to the Enemy, and rendering their Persons and Substance useful to his Malice, and destructive to Religion and the King's Interest: This kind of Men (if not timely prevented) will betray irremediably themselves and us. We find no Stock or Substance ordered for maintaining the Soldier; nor is there an Army any way considerable in the Kingdom to recover what is lost, or defend what we hold: So as Humanely speaking, (if God will not be pleased for his Mercy's sake, to take off from us the heavy Judgements of his Anger) we are in a fair way for losing Sacred Religion, the King's Authority, and Ireland. The four Archbishops, to acquit their own Consciences in the Eyes of God, have resolved to meet at Jamestown, about the sixth day of the next Month, and to bring about as many of the Suffragans as may repair thither with safety: The end of this Consultation is to do what in us lieth for the amendment of Errors, and recovery of this afflicted People. If your Excellency shall think fit in your wisdom to send one or more Persons to make Proposals for the Safety of the Nation, we shall not want willingness to prepare good Answers, nor will we despair of the Blessing of God, and of his powerful Influence to be upon our sincere Intentions in that place. Even so we conclude, remaining▪ June 14th, 1650. For his Excellency the Lord-Lieutenant of Ireland. Your Excellency's Most Humble Servants, Fr. Thomas Dublin, Jo. Archiepiscopus Tuamen. This Letter was answered by his Excellency as followeth: AFter Our hearty Commendations: We received yours of the 24th of July, on the first of this Month, and do with much Grief acknowledge, that this Nation is brought into a sad Condition, and that by such means as (when it shall be known abroad, and by Story delivered to Posterity) will indeed be thought a Fable: For it will seem incredible, that any Nation should so madly affect, and violently pursue the ways leading to their own Destruction, as this People will appear to have done; and that after the certain Ruin they were running into was evidently and frequently discovered unto those, that in all times and upon all other occasions have had power to persuade or compel them to whatever they thought fit: And it will be less credible, when it shall be declared, (as with truth it will be) that the Temporal, Spiritual, and Eternal Interest and Safety even of those that had this power, and that have been thus forewarned, did consist in making use of it to reclaim the People, and direct them into the Ways of Preservation. To be plain, it cannot be denied, but the Disobedience we have met with (which we at large declared unto many of you, who with diverse others of the Nobility and Gentry, were assembled at Loghreogh, in April last) was the certain ready way to the Destruction of this Nation; as by our Letter of the first of May, to that Assembly, we made appear. Ancient and late Experience hath made evident what power those of your Function have had, to draw the People of this Nation to what they thought fit. Whether your Lordships have been convinced, that the Obedience which we desire should be given to his Majesty's Authority in Us, pursuant to the Articles of Peace, was the way to preserve the Nation, we know not, or whether your Lordships have made use of all the means at other times, and upon other occasions exercised by you, to procure this necessary Obedience, we shall not now determine: Sure we are, that since the said Assembly, not only Limerick hath persisted in the Disobedience it was then in, and aggravated the same by several Affronts since fixed upon the King's Authority, but Galway hath been seduced into like Disobedience: For want of due Compliance from those places, but principally from Limerick, it hath been impossible for us to raise or employ an Army against the Rebels: For to attempt it any where on the other side of the Shannon but near Lymerick, and without the absolute Command of that City to secure it, could be no other than the certain ruin of the Design in the very beginning of it; the Rebel's power being such, as to dissipate with ease the foundation that should be laid there. And to have done it on this side the Shannon was impossible, since the Groundwork of the Army must be raised and supported from thence; which whilst it was in forming would have exhausted all the substance of these parts, and not have effected the Work. For want of such an Army, which (with God's assistance) might certainly have been long since raised, if Limerick had obeyed our Orders, the Rebels have without any considerable resistance from abroad, taken Clonmell, Tecroghan, and Catherlagh, and reduced Waterford and Duncannon to great, and (we fear) irrecoverable Distress. The loss of these places, and the want of any visible power to protect them, hath doublessly induced many to contribute their Substance and personal Assistance to the Rebels: from which, whether they might have been withheld by Church-censures, we know not; but have not heard of any such, which issued against them. And lastly, for want of such an Army, the Rebels have taken to themselves the Contribution, which might considerably have assisted to support an Army, and preserve the Kingdom. If therefore the end of your Consultation at Jamestown, be to acquit your Consciences in the Eyes of God, the amendment of all Errors, and the recovery of this afflicted People, as by the Letter giving us notice of your meeting is professed: We have endeavoured briefly to show, That the Spring of our past Losses, and approaching Ruin, arises from Disobedience: and it will not be hard to show, that the Spring of those Disobediences arises from the Forgeries invented, the Calumnies spread against Government, and the Incitements of the People to Rebellion by very many of the Clergy. That these Errors are frequently practised, and fit for amendment, is no more to be doubted, than that without they be amended, the affliction of the People will continue, and as it is to be feared, end in their utter Destruction: Which if prevented by what your Consultation will produce, the happy effect of your meeting will be acknowledged, without questioning the Authority by which you meet, or expecting Proposals from us: Which other than what we have formerly, and now by this our Letter made, we hold not necessary. And so we bid your Lordship's Farewell. From Roscomon, the 2d of August, 1650. Your Lordship's very Loving Friend ORMOND. To which the Congregation at Jamestown made the following Reply: May it please Your Excellency, WE received your Excellency's Letter of the second current: Where to our Grief and Admiration, we saw some Expressions that seem meant for casting a blame upon us of the present sad Condition of the Kingdom, which we hope to answer to the satisfaction of your Excellency, and the whole Nation: In the mean time we permit this Protestation as we are Christian Catholic Prelates, that we have done our Endeavours with all earnestness and candour for taking away from the hearts of the People all Jealousies and Diffidences, that were conceived the occasion of so many Disasters that befell the Nation: and that in all occasions our actions and cooperations were ready to accompany all your Excellency's Designs for Preservation of all his Majesty's Interests in this Kingdom. Whose state being in the present desperate Condition, we thought it our Duty to offer unto your Excellency our sense of the only possibility we could devise for its Preservation, and that by the intervention and expression of my Lord of Dromore, and Dr. Charles Kelly, Dean of Tuam, who shall clearly deliver unto your Excellency our Thoughts and good Intentions as to this effect: praying your Excellency to give full credit to what they will declare in our Names in this Business; which will be still owned as our Command laid upon them, and the Declaration of the sincere Hearts of Jamestown, dated the 10th of Aug. 1650. For his Excellency the Lord-Lieutenant of Ireland, etc. Your Excellency's Most Humble Servants Hen. Ardmach. Jo. Archiepiscop. Tuam. Eugenius Killmore, Nich. Fernensis & Procurator Archiepis. Dubliniensis, Walt. Clonferten & Procurator Leghlin, Fr. Anto. Clonmacnocensis Episcopus, Arthurus Dunensis & Connerensis, Th. Higgin Procurator Ossor. Fr. Ricardus Kelly, Procurator Kildar. & Rathbran. Ord. Praed. And the Message mentioned in the aforesaid Letter, was on the 12th of August, together with that Letter delivered in haec Verba; and was the next day at his Lordship's request reduced into writing, Viz. May it please Your Excellency, WE being entrusted from the Clergy, met at Jamestown, to deliver a Message to your Excellency, purporting their Advice, what the only Means is (as they conceive) that may serve to free the Nation from the sad Condition whereunto it is reduced at present, do in Obedience to your Excellency's Command, signified for giving in the substance of the said Message in writing, humbly represent the same to be as followeth: That whereas they doubt not your Excellency hath laboured by other hands to bring the best Aids that possibly could be had from abroad, for Relief of this gasping Nation; yet finding now in their Conscience no other Expedient or Remedy for the Preservation thereof, and of his Majesty's Interests therein, more prevalent than your Excellency's speedy repair to his Majesty, for preventing the Ruin and Desolation of all, and leaving the King's Authority in the hands of some Person and Persons faithful to his Majesty, and trusty to the Nation, and such as the Affection and Confidence of the People will follow, by which the Rage and Fury of the Enemy may receive interruption: They humbly offer this important Matter of Safety or Destruction of this Nation, and the King's Interest, to your Wisdom and Consideration; hoping the Kingdom by your Excellency's presence with his Majesty, and entrusting safely the King's Authority as above, may with God's blessing, hold out until relieved with Supplies from his Majesty. The Prelates in the mean time will do what lieth in their power to assist the Person and Persons so entrusted. The great Trust his Majesty doth repose in your Excellency, the vast Interest in Fortune, Alliance, and Kindred you have in the Nation, and your Experience in the Management of Affairs of greatest consequence, will (we doubt not) added to other the reasons proposed by us, induce you to embrace this Advice, as proceeding from our Pious Intentions, that look only on the Preservation of the Catholic Religion, the Support of his Majesty's Authority, and the Estates, Liberties, and Fortunes of his Subjects of this Kingdom. Which we humbly offer as August 13th, 1650. Your Excellency's Most Humble Servants Fr. Ol. Dromore. Char. Kelly. Upon receipt of this Message his Excellency imparted it to the Commissioners of Trust, who were very much surprised at it, and desired his Lordship not to answer that point, but rather to propose a Conference with them at Loghreagh, on the 26th of August; which accordingly he did, and in expectation to meet them there, he traveled to Loghreagh; but they did not vouchsafe to come, or to send any body to confer with his Excellency upon that Subject; but they appointed the Bishops of Cork and Clonfert to attend him there, and receive his Answer; whereupon his Excellency on the last day of August sent them the following Letter: An Answer to the Message delivered to Us by the Bishop of Dromore, and Dr. Charles Kelly, Dean of Tuam, from the Prelates met at Jamestown, by virtue of their Letter, desiring us to give full Credence to the said Bishop and Dean, Dated at Jamestown the 10th of August, 1650. The Substance of which Message may be reduced to these Particulars: I. THe Message or Advice, which is, For our speedy Repair to his Majesty, to procure Supplies for the Relief of this Kingdom, leaving the King's Authority in the hands of some person or persons faithful to his Majesty, and trusty to the Nation; than which (they say) they can find no other Expedient or Remedy for the Relief of this Gasping Nation, and Preservation of his Majesty's Interests therein, or to prevent the Ruin and Desolation of all. II. The reason of this Advice, which is, That through the Trust reposed in Us by his Majesty, and Our own Interest in Fortune, Alliance, and Kindred in the Nation, they hope those Supplies may more easily and speedily be obtained by Our Mediation, than by any other means. III. The Prelate's promise, undertaking, That in the mean time (which we understand to be during Our absence) they will do what lieth in their power to assist the person or persons that shall be entrusted with the King's Authority. Whereunto we answer, That as the principal Motives inducing Us through some Hazards, and many Difficulties, to come into this Kingdom, were the Obedience we own to his Majesty's Command, and our earnest desire to preserve this Nation in their Allegiance to Him, (wherein we always have, and ever shall place our Interest, and the Interest of such Kindred and Allies as will be guided by our Advice and Example) so we shall always readily expose ourself to the like, or greater Hazards and Difficulties to remove out of the Kingdom, when We receive his Majesty's Command for it, or shall be convinced that our Removal tends more to His Service, and the Preservation of the Nation, than our stay. We confess, that observing the Destructive Disobedience and Obstinacy of divers Persons and Places, We were once of opinion, that we might have done Our King and Country better Service by withdrawing Ourself, than by continuing here, by how much there would then have been less ground for Division, when the Nation should be governed by one or more of their own Religion. And sure we were● that the stronger the Resistance were that should be made against the Rebels (under what Conduct whatsoever) the better it would be for the King and for the Nation: And though We hold it not fit for Us, even in point of Honour, in flat terms to propose Our Removal, which might have met with as great Misinterpretation, as other Actions and Propositions of Ours, intended for the good of the People, have done; yet in a Discourse had with many of the Prelates, first at Limerick, and afterwards here, We did in a manner lead them to the Proposition they have now made. And We freely acknowledge, that if they, and the Nobility and Gentry here met in April last, had not in Writing and in Discourse given Us assurance, that they not only desired Our stay, but would endeavour to procure such Obedience to Us as might enable us with Hope and Success to have gone on in the War, We should have made use of the Liberty given Us, or Command then laid upon Us by his Majesty, to have freed Ourself from the Vexation We have since endured, and the Dishonour We foresaw We should be subject unto, for want of that Power, without which (as we then told the said Bishops, etc.) We should be able to do nothing considerable for the King or Nation. Those Assurances We have transmitted to his Majesty, as also Our Resolution to attend the Effects of them. But those Disobediences still continuing, We have again acquainted Him with the state of His Affairs here, and do daily expect His pleasure upon the Representation We have made to Him; without which (unless forced by inevitable Necessity) We cannot answer Our Removal out of the Kingdom: Which is Our first and Principal reason, why We might not comply with the Advice given Us. Another reason is, That We plainly observe, that though the Division is great in the Nation under Our Government, yet it will be greater upon Our Removal. For which, in a free Conference, We should have given such pregnant Evidence, as We hold not fit this way to declare. The Third is, That though since the Meeting here, where we were assured of such effectual Endeavours to procure Obedience to the King's Authority placed in Us, the particular Disobediences We then instanced have continued, and been improved by many other Affronts; yet it hath pleased God to raise His Majesty Affairs elsewhere to so hopeful a Condition, that may occasion His Majesty's sending us such Commands as we should be sorry should not find us upon the place: In the last place, it is most certain that no Meditation of ours will prevail with his Majesty for sending Relief and Supplies hither, as the Representations We desire to be enabled to make of the Dutifulness and Obedience of the People, where unto to dispose them, We do again call upon You to make use of all the means within Your power. Given at Loghreagh the 13th of August, 1650. ORMOND. But all this Labour might have been saved, if his Excellency had known what these Prelates had done; for on the very same day the aforesaid Message was delivered to the Lord-Lieutenant, by the Bishop of Dromore and Doctor Kelly, viz. the 12th of August, and without expecting any answer to it, they issued the fatal and bloody Declaration and Excommunication at Jamestown against the Lord-Lieutenant and all his Adherents, recited at large Appendix 47; wherein the Bishop of Ferns says, they were Unanimous, and boasts that this Rejection of the Lord-Lieutenant (and consequently of the King's Authority placed in him) was done by the * Vnanimi, universi cleri consensu vindiciae versae, 25. Universal Consent of the Clergy. Nor is this Affront to be wondered at, being done with some sort of Order and Formality; but it would amaze one to see the Captain of the Guard of young Men at Galway, with the Rabble at his heels, searching in every Corner for the Lord-Lieutenant, as a Criminal or a Thief, not but that they knew he was not in the Town, but they did it at the instigation of the Clergy, merely to bring contempt on his Person and Authority, and for the same reason that we hang fugitive Traitors in Effigy. And (which is yet more strange) when Mr. Beling to lessen the Gild of the Irish, would palliate the matter by saying, they did not force the Lord-Lieutenant out of the Kingdom. Constat enim eum tum discessisse quia Prelati omnes unanimiter sub censuris vetuerant ne ullus illius pareret mandatis aut partes Sequeretur. Vindiciae Eversae 173. The Reverend Father Ponce flies in his face, and being loath to lose the merit of such a glorious Action, he affirms, That they did expel the Lord-Lieutenant; and that they did force him away as much as a Man is forced to leave a sinking Ship: 'Tis true (says he) Ormond might have stayed, but no body would have obeyed him after our Excommunication; and therefore we may truly say, We compelled him to go. And thus do these bigoted Zealots' glory in their Shame, and after all this, have the confidence to claim the benefit of the Articles of 1648, which they had thus so publicly and so peremptorily not only violated but dissolved. Non discessit ergo lubens, nisi ut lubens & voluntarit projicit quis metu naufragii merces in mare ne navis & ipsemet una pe●eat sic autem lubentem discessisse non arguit quin potestate Prelatorum factum sit ut discesserit. Ibidem. Sufficiebat ad expulsionem Ormonii Prelatos cavisse sub Excomunicatione ne quis partes ejus sequeretur ne quis obtemperet mandatis quamvis esset prorok. Ibid. 174. But as these Prelates were exceeding rash in denouncing this Excommunication, so they were altogether as light and inconstant in the publication of it, for it was not promulged until the 15th day September; and the very next day they suspended it again, as appears by the following Letters to the Officers of the Army. SIRS, YEsterday we have received an Express from the rest of our Congregation at Galway, bearing their sense to suspend the effects of the Excommunication (proclaimed by their Orders) till the Service of Athlone he performed, fearing on the one side the Dispersion of the Army, and on the other, having received most certain intelligence of the Enemies approach unto that place, with their full force and number of fight Men, and thereupon would have us concur with them in suspending the said Excommunication. As for our part, we do judge that Suspension unnecessary, and full of Inconveniencies which we apprehend may ensue, because the Excommunication may be obeyed, and the Service not neglected, if People were pleased to undertake the Service in the Clergy's Name, without relation to the Lord of Ormond, or any that may take his part: Yet fearing the Censure of Singularity in Matters of so high a strain against us, or to be deemed more forward in Excommunicating than others, also fearing the weakness of some (which we believe the Congregation feared) we are pleased to follow the Major Vote, and against our own Opinion concur with them, and do hereby suspend the said Censure as above. Provided always, that after that Service performed, or the Service be thought unnecessary by the Clergy, or when the said Clergy will renew it, it shall be presently incurred, as if the said Suspension had never been interposed. And so we remain Corbeg, Sept. 16, 1650. Your Affectionate Loving Friends, In Christ Jesus, Walter B. Clonfert. Charles Kelly. Nor is the following Letter less remarkable: Our very good Lords and Sirs, THe Colonel's Mr. Alexander mac Donnel, Bryen O Neil, and Randal mac Donnel, like Obedient Children of Holy Church, have offered themselves to put up for the Clergy, and that before publication of the Declaration and Excommunication: God will bless their good intentions. They go now to join with you on this side the Shannon, and by making one Body to put forward our Cause. This is the best way we can think of, to encourage the Well-affected, and curb the Malignant and Obstinate. The Lord Bishop of Killaloe being taken Prisoner by the Lord-Lieutenant, the Cavaliers would have had him forthwith hanged, if his Excellency had given way thereunto. His Excellency is giving Patents to as many Catholics as are Excommunication-proof. Ireland is an accursed Country that hath so many rotten Members. Though things go hard with us, God will bring the Work to a good end. When you meet with those Colonels, confer of what Service to take in hand. Est periculum in Mora, Praying to God to protect you in your Ways, we remain To our very good Lords, the Earl of Westmeath, the Lords Bishops of Leighlin, Cloanmacnois and Dromore, Sir James Preston, Colonel Bryan mac Pheilim, and the rest of the Commanders of the Leinster Forces. Galway, Sept. 21st, 1650. Your very Loving Friends, Joan. Rapotensis, Fr. Aladensis, Nich. Fernensis. But the folly of this Congregation was yet more manifest, in that they set the People lose from all Government Civil and Military, at a time when a potent Enemy was in the Field, without directing them whom to obey, any otherwise than by resorting to their Association, until a General Assembly. And if the Forces with Ormond and Clanrickard had obeyed this wild Declaration, or thereby taken occasion to disperse, the English would have passed the Shenin at both ends; and would have spoiled both the Assembly and Congregation, as they afterwards did. And it is the more strange, that the Popish Clergy should presume to dispose of the Supreme Authority, and make themselves Judges of the Administration of Government, because if the Articles of Peace had been violated, the Commissioners of Trust were the proper Judges of that matter: However, those Prelates were resolved not to submit to any Government but in such manner and by such Persons as they should like; which plainly shows how much it doth import the Temporal Magistrate not to trust them, nor their Abettors, with power enough to bring those matters in dispute. In the mean time the Scots having already declared against the Peace with the Irish, and having the Ascendant over the King, to the degree of imposing the Covenant upon him, did also prevail with him (much against his will) to publish a Declaration against the Peace made with the Confederates, which was proclaimed at Dumferling on the 16th of August 1650: By which * Et plane Tiranicam: Vindic. Eversae 49. Tyrannical Declaration (says Mr. Ponce) the Irish are delivered and † Catholici hiberniae ab ea pace observanda liberantur ac ad confederationem priorem redire possunt. Bishop of Ferns in Epist. to Ty●ell. freed from any obligation to the Peace, and aught to resort to their first Confederacy, says the Bishop of Fernes. However, this could not justify their rejecting of the King's Authority by excommunicating the Lord-Lieutenant at Jamestown, because that happened on the 12th of August, which was four days before the other. Nevertheless, the King was exceedingly concerned at this Declaration, and the scandal and prejudice it would bring to his Party in Ireland; and therefore to obviate as much of the Inconvenience as was possible, he hastened over the Dean of Tuam (Dr. John King) with a Verbal Message to the Lord-Lieutenant, importing the necessity of his making the aforesaid Declaration, and with what great regret he did it, especially so precipitately, since it might have been done gradually with Honour, the greatest part of the Irish having broken that Peace; and that he depended more upon Ormond than upon any Man living, and desired him to use his utmost dexterity at this juncture: and accordingly his Excellency did immediately write to the Commissioners of Trust, as followeth: AFter Our hearty Commendations: Having lately received Assurance that his Majesty hath been induced to declare the Peace concluded in this Kingdom, in the Year 1648, (by virtue of Authority from his late Majesty of ever glorious Memory, as also of his Majesty now Reigning) to be void, and that he is absolutely freed therefrom; We have thought it necessary for the Vindication of our own Honour, freely to declare unto you, as well what hath passed from us to his Majesty, that might give any colour for such a Declaration, as what our resolution is thereupon. It is very true, that from time to time we endeavoured to give his Majesty a true account of his Affairs committed to our Charge in general, and that therein we could not omit informing him of divers Affronts put upon his Authority; by means whereof, and the Disobediences of the remaining Towns, (if persisted in) we were in despair of doing him any considerable Service, or defending the Kingdom from the Rebels. But in our Dispatches we were careful that his Majesty should understand that the Nobility, and greater part of the Gentry continued-faithful to his Majesty, obedient to his Authority, and worthy of his Favour and Protection. Whether any of these Dispatches have come to his Majesty's hands, or if they have, whether before or since▪ his making his Declaration against the Peace, we know not; but we find that his Majesty's Declaration is principally grounded upon the Unlawfulness of concluding the Peace with this Nation; and the breaches on the part of the Nation are mentioned, but in general terms, and by the by; so that however the Affronts put upon his Authority, have been many, and obstinately persisted in to this day, and that in such places whereupon evidently depends the preservation or loss of the whole Kingdom to the Rebels: Whereof we have several times given notice unto you, and followed the Ways advised by you for reclaiming the said places, without any success; yet considering the Declaration gained from his Majesty, is without hearing what could be said by the Nation in their own defence, and such as involves it generally without exception in the guilt of Rebellion; and that even those have with greatest Insolence invaded the Royal Authority, and endeavoured to withdraw the People from their Allegiance, do yet pretend that they will make their Complaint against us to his Majesty, thereby implying, that they will submit to his Judgement. We have thought fit to let you know, that notwithstanding the said Declaration, by some undue means obtained from his Majesty, we are resolved by all means it shall please God to offer unto us, and through all Hazards in behalf of this Nation, to insist upon, and assert the lawfulness of the Conclusion of the Peace by virtue of the aforesaid Authorities, and that the said Peace is still valid, of force, and binding to his Majesty and all his Subjects: and herein we are resolved, by the help of God, to persist until that we, and such as shall in that behalf be entrusted and authorized by the Nation, shall have free and safe access to his Majesty, and until upon mature and unrestrained Consideration of what may on all sides be said, he have declared his Royal Pleasure upon the aforesaid Affronts put upon his Authority; provided always, that in the mean time and immediately, First, That all the Acts, Declarations, and Excommunications issued by the Bishops met at Jamestown in August last, whereby the People are forbidden to obey us as Lord-Lieutenant, be by them Revoked, and such Assurance as shall be agreed on by us, and you the Commissioners authorized by us, in pursuance of the Articles of Peace given by them, that they nor any of them shall not attempt the like for the future, and that they shall continue themselves within the Bounds prescribed by the Articles of Peace, whereunto they are Parties. Secondly, That it be immediately declared by you, that the said Declarations, Excommunications, and other Proceed of the said Bishops, is an unwarranted Usurpation upon his Majesty's just Authority, and in them a Violation of the Peace; and that in case they shall not give the Assurance before expressed, or having given it shall not observe the same, that you will endeavour to bring the Offenders to condign punishment, pursuant unto, and as is prescribed by the Laws of the Kingdom, as Disturbers of the Peace of the Kingdom, and Obstructers of the means of preserving the same. Thirdly, That a like Declaration be made by all that derive Authority from his Majesty Civil or Martial, and by the respective Mayors, Aldermen, Common-Councel, Burgesses, and all other Magistrates in all the Corporations of the Kingdom. Fourthly, That we be admitted to make our free and safe Residence in in any place we shall choose, within the Limits not possessed by the Rebels. Fifthly, That we immediately be admitted to Garrison such places, and in such manner, according to the Articles of Peace, as we shall find necessary for the defence of the Kingdom. Lastly, That a present course be taken for means for our Support, in proportion answerable to our Place, yet with regard to the State of the Kingdom; which last we should not propose, but that we are deprived of our private Fortune; whereupon we have solely subsisted ever since we came to the Kingdom. To all which we expect your present Answer. And so we bid you hearty Farewell, and remain at Enis, the 13th of October, 1650, Your very Loving Friend ORMOND. Which Letter gave great Satisfaction to the Commissioners of Trust, as appears by their following Answer: May it please Your Excellency, YOur Lordship's of the 23d of this instant we have received, and therein, to our unexpressible grief, we find that his Majesty hath been induced to declare the Peace concluded in this Kingdom in the Year 1648, to be void, and that he is absolved therefrom; taking for the principal grounds for such his Declaration, the Unlawfulness of the Act. And howbeit we cannot without a very feeling sense of the Grief the Nation (with just cause) may entertain of the prejudice thereby brought upon them, and the blemish cast upon those hearty Endeavours of theirs to restore his Majesty to his former Estate and Power over his Subjects, look upon those unexpected Fruits of their Blood and Substance so cheerfully spent in his Service; yet it greatly comforts us to understand that notwithstanding that Declaration, by some undue means obtained from his Majesty, your Excellency is resolved by all the means that it shall please God to offer unto you, and through all hazards in the behalf of this Nation to insist upon, and assert that Peace, and persist in so doing, until your Excellency, and such as shall be entrusted and authorized by the Nation, shall have free and safe access unto his Majesty. And as to those Provisoes, which are expressed as necessary Conditions, whereby his Majesty's Authority (which notwithstanding that Declaration, we still do embrace and reverence) may be continued among us, besides our general profession to act what lies in our power in the ways of his Majesty's Service, and to your Excellency's satisfaction, we do return the ensuing Answers: And To the first Proviso, Concerning the Revocation of those Acts, Declaration, and Excommunication issued by the Bishops met at Jamestown, and the Assurance demanded, that nothing in that kind shall be attempted for the future; we do humbly answer, That your Excellency, to whom we have often expressed our Resentment of such their Proceed, may be confident we shall labour so far as in us lies, to see your Excellency satisfied in this particular; and to that end we will all or some of us with your Excellency's allowance, and as you shall think fit, repair to Galway to treat with the Prelates upon this Subject. To the second, We humbly return as answer, That albeit we know that by those Censures of the Bishops met at Jamestown, his Majesty's Authority was invaded, and an unwarranted Government set up, contrary to the Laws of the Kingdom; and that we are assured no Subject could be justly warranted by that Excommunication, to deny Obedience to his Majesty's Authority in your Excellency; yet being of opinion, that a public Declaration of this kind, in this Conjuncture of Affairs, ought properly, and would with more countenance and authority move from an Assembly than from us, and that by such a public Declaration now from us, we should wholly obstruct the way to prevail with the Prelates, to withdraw those Censures, or Act what is desired by the former Proviso, and likewise endanger what Union there is at present in opposing the Common Enemy, and prejudice the hopes of a more perfect Union for the future, wherein the preservation of the Nation doth principally consist; We do therefore humbly beseech your Excellency to call upon an Assembly of the Nation, from whom such a Declaration as may be effectual in this behalf, and may settle those Distractions, can only proceed. Yet, if in the mean time, and before the meeting of that Assembly, those Censures now suspended shall be revived, we will endeavour to suppress their influence upon the People, by such a Declaration as shall become Loyal Subjects, and Men entrusted to see all due Obedience paid to his Majesty's Government over this Kingdom. To the third, We do humbly return as answer, That we shall at all times, and in such manner as your Excellency shall think fit to prescribe, invite all, or any his Majesty's Roman Catholic Subjects to such a Declaration; which yet until we shall understand the Clergy's sense upon the first Proviso, we do humbly represent as fit for a time to be forborn. To the fourth, We humbly return as answer, That whatsoever your Excellency shall find to be properly within our power, and will direct to be done for procuring a free Residence for your Person in any place you shall choose within the Limits not possessed by the Rebels, we shall readily obey your Lordship's Commands therein. To the fifth, We humbly return as answer, That upon debate with your Excellency of the place fit for to be Garrisoned, and the number of Men fit to be received thereinto, we shall, according to the Articles of Peace, use our utmost endeavours to have such Garrison so agreed upon, admitted. To the last, We humbly return as answer, That as we have at all times heretofore been ready and willing your Excellency's Charge should be supported out of the Revenue of the Kingdom; so we are now very ready to concur in assigning any of the Deuce already accrued, or such as shall grow due hereafter, or to impose a new Applotment upon the Subject, towards your Excellency's Maintenance. Thus humbly taking leave, we remain Junis 24th Octob. 1650. Your Excellency's Most Humble Servants, Athunry, Lucas Dillon, Rich. belings, Jeff. Browne, N. Plunket, R. Barnewall, R. Everard, Gerald Fennel. Upon receipt of this, his Excellency did Indict a General Assembly to meet at Loghreagh on the 15th of November; and in the mean time did give his consent that some of the Commissioners of Trust should repair to Galway to treat with the Committee of the Congregation there; and accordingly Sir Lucas Dillon, Sir Richard Barnwall, Sir Richard Everard, Mr. Beling, Mr. Brown, and Dr. Fennel went thither, and proposed, First, A Letter of the Lord-Lieutenant's to them from Ennis, 23d of October; already mentioned. Secondly, They shown the King's Declaration made touching the Covenant, and the Disavowing the Peace; and acquainted them with the present Condition of the Kingdom, as in relation to the King's Party engaged to the Covenant, and in relation to the Independents; and urged that the only seeming Safety to the Nation, is in that of the Peace. Thirdly, They desired to know of that Committee, what they conceived would most conduce to the Preservation of the Nation and themselves. Fourthly, They proposed, that an Union cannot be had or preserved for preservation of the Nation, without keeping the King's Authority amongst them, for that many even considerable Men will instantly make their Conditions with the Enemy, the King's Authority being taken away; and that there is no hopes of having that Authority left, but by revoking the Excommunication and Declaration, for it will not be left by the Lord-Lieutenant, nor undergone by Clanrickard, but upon those Terms. To these Proposals the committee gave the following Answer; upon which, as far as they related to himself, the Lord-Lieutenant made some Animadversions, which I have opposed to the Answers in a different Column. The Committee's Answer. First, THE abovementioned Letter was read, containing his Excellency's Undertaking for asserting the Peace, and his Demand of two Provisoes to that end; where we observe, his Excellency informed his Majesty of certain Disobediences and Affronts put upon the King's Authority, and consequently suggested Matter to his Majesty of making his Declaration against the Peace. Secondly, We have perused the King's Declaration disavowing of the late Peace, and are of Opinion, for aught to us appearing, That the King hath thereby withdrawn his Commission and Authority from the Lord-Lieutenant: This is clearly proved out of a Branch of the said Declaration, taking away and nulling all Commissions granted by him. In that Declaration the King will have no Friends but the Friends of the Covenant: Hence it is evidently inferred, That his Majesty's Authority is taken away from the Lord-Lieutenant, unless he be a Friend to the Covenant, (as we conceive he is not;) but if he be, he is not our Friend, nor to be trusted by us, in having Authority over us. In the same Declaration, the Irish Nation, as bloody Rebels, are cast from the Protection of the King's Laws and Royal Favours: It may not therefore be presumed, That he would have his Authority kept over such a Nation to govern them. We do join with you in that you represent, to wit, There is no Safety to be expected from Covenanters or Independents, for the Catholic Religion, or this Nation: If that of the Peace be proved the only Safety, we are for it. However, we conceive the benefit thereof is due to us, having made no breach of our part. Thirdly, Something of our sense concerning what way may tend best to the Nation's preservation, we will say beneath, and do offer our clear intentions before God, to join with you and all Men, in what will be found the best and fafest way to such preservation. Fourthly, We are of Opinion, and did ever think all our Endeavours should be employed to keep the King's Authority over us: But when his Majesty throweth away the Nation from his protection as Rebels, withdrawing his own Authority, we cannot understand this Mystery of preserving the same with us, and over us, or how it may be done. Whereas you say, That many of those considerable, will instantly make their Conditions with the Enemy, if the King's Authority be taken away by himself, (as by his Declaration it is) and not driven away by the Subject: In such case, when the People may not hold it, likely they will not agreewith the Parliament for not having it. We are of Opinion, the best remedy (the King's Authority being taken away, as was said) of meeting this Inconvenience of the People's closing with the Parliament, is returning to the Confederacy; as it was intended by the Nation, in case of breach of Peace on his Majesty's part. This will keep a Union amongst us, if Men will not be precipitantly guilty of breach of their Oath of Association; which Oath by two solemn Orders of two several Assemblies, is to continue binding, if any breach of the Articles should happen of his Majesty's part. The King's Authority, and the Lord-Lieutenant's Commission being recalled by the Declaration abovesaid, we are of Opinion, the Lord-Lieutenant hath no such Authority to leave. If we must expose Lives and Fortunes to the hazard of fight for making good that Peace, seeing the danger and prejudice is alike to defend that, or get a better Peace, Why should we bond ourselves within the limits of those Article to disavowed? Upon consideration of the whole matter, we may not consent with safety of Conscience to the Provisoes of revoking our Declaration and Excommunication demanded by his Excellency, or granting any Assurance to him, or the Commissioners of Trust, for not attempting the like in the future; and that for many Reasons, especially for, I. That the King's Authority is not in the Lord-Lieutenant, nor Power in us to confer a new Authority on him; being also destructive to the Nation to continue it in him, and preservative if in another. And that was our sense when we declared against the King's Authority in his person. II. We much fear we should lose the few Churches remaining under his Government, as we lost under him all the Churches of the City of Waterford and Kilkenny, and the Towns of Wexford, Ross, Clonmell, Cashell, Fethard, Kilmallock, etc. in this agreeing with the Maccabees Maxims, Maximus vero & primus pro sanctitate timor erat templi. III. His Excellency having declared at Cork, that he will maintain during his Life the Protestant Religion, according to the Example of the best Reformed Churches, which may be the same in substance with the Oath of Covenant, for aught we know; we may not expect from him Defence of the Catholic Religion. iv The Scandal over all the World to make choice of one of a different Religion, especially in Rome where his Holiness in his Agreement or Articles with the Queen of England, had a Catholic Governor granted, tho' not performed: And we do fear the Scourges of War and Plague that have fallen so heavy upon us, and some Evidences of God's Anger against us, for putting God's Cause and Churches under such a hand: whereas that Trust might have been managed in a Catholic Hand under the King's Authority. V That we shall find no Succour or Countenance from any Catholic Prince of the Church or Laity, he governing, but Reproach and Disgrace. VI That the Soldiers, by the ill Success of his Conduct, have not the heart to Fight under him, and so we shall be lost if we come to fight. VII. We find the People generally in great fear to be lost under his Government; and are of Opinion, That the greater part of the People will agree with the Parliament, if the Authority were continued in him, despairing of Defence under him. VIII. That we declared against him, having the King's Authority, out of no Spleen or Malice against his person (so save us God) but for the fear we had, upon good deliberation, of the utter Ruin and Destruction of the Nation under his Government; and that now finding no reasons or ways of Preservation by him, we may not with reason be induced to alter our Opinion, especially the King's Authority being not in him. IX. That those two considerable Corporations remaining, are at great distance with his Excellence for giving Commissions to take away their Goods, and other reasons; and are thought to be resolved not to submit to him; ☞ though they resolve to appear (as in their intentions and actions they conceive they are) Faithful to the Crown, and to the King's Authority Obedient, if placed in another person. Ormond's Reply. WE had reason to hope, that if the Offer we made should not meet with the success we desired, yet that so affectionate a Manifestation of our Love to the Nation, (transporting us to an Overture of Reconciliation with those that had so much injured us) would not have given ground for repeating old, and casting new Aspersions upon us: But for Answer to this Paragraph, we refer to our Letter, and to our Answer to the eleventh Article of their Declaration, Appendix 48. Here they readily declare their Opinion concerning his Majesties having recalled our Commission, and take pains to prove it by an unavoidable Dilemma, or that at least, we are not their Friend, nor to be trusted by them: And by another strong Argument, they endeavour to prove his Majesty would not have his Authority at all kept over this Nation. When by this means they have, as they think, shown it impossible, that the Peace can be continued, which they know it cannot without the continuance of the King's Authority, than they say, If the Peace be proved the only Safety, they are for it; and that, however, they conceive the benefit thereof is due to them, having made no breach on their part. If they would make it their business to seek for Arguments to keep the King's Authority over them, they might perhaps find many, and these as convincing as those they have found to dispute it out of the Kingdom; as the Conclusion and Ratification of the Peace here by virtue of his Authority precedent to the Declaration seeming to Annul it: ☞ The certainty that he was in a free Condition when he gave the said Authority, and Ratified the Peace concluded by it; and the question that may be made, whether he was so when he declared against it. And lastly, That by the Articles of Peace, he is obliged to continue his Authority here; from which Obligation no Declaration, at least importuned from him by his Subjects of Scotland, can free him, or take from this Nation (who have no dependence on Scotland) the benefit of the Agreement made by his Majesty with them. Upon these grounds it was, that (until his Majesty had been fully informed in all that had passed here, and declared his free sense upon it) we offered to justify the Lawfulness of concluding the Peace, and the continuing Validity of it to those that had not forfeited their Interest in it, if we might have had the Concurrence of these Bishops, and Obedience in the Places, by the strength and means whereof it might have been justified. And surely this was an Offer not meriting the Scorn and Bitterness wherewith it was rejected. If they that contrived this Paper have made no breach of the Peace on their part, we have lost much labour in the forepassed Discourse: But we believe we have proved they have made many, rindx; and those the highest it was possible to make. And surely they must be very partial on their own side, if they think the benefit of a thing they reject is due to them. This is only a Profession which requires no Answer from us. To this we answer, That if they were always of Opinion all their Endeavours should be employed to keep the King's Authority over them, their Declaration and Excommunication is a strange way of manifesting that Opinion; which Declaration and Excommunication bears date before his Majesty's Declaration, wherein they say he throweth away the Nation as Rebels: So that whatever his Majesty hath done in withdrawing his Authority, it is apparent their endeavour to drive it away was first in Time. In their Advice of returning to the Confederacy, appears the scope of their Dilemmas and Arguments against the continuance of the King's Authority over them; which that th●● may be sure to be rid of, they say we have no Authority to leave. Their Reasons why in Conscience they cannot consent to the Revocation of their Declaration and Excommunication, follow. The King's Authority was in 〈◊〉 when the Declaration and Excommunication was framed by them, they acknowledged. And that it is still in us (notwithstanding his Majesty's said Declaration) we are able to make good, if we could find it of advantage to his Service, or the Safety of his good Subjects. But that they confess, it is not in them to confer a new Authority upon us, is one of the few Truths they have set down: yet why they may not pretend to give, as well as take away Authority, and why they may not to us, as well as to others, we know not? They further say, it is destructive to the Nation if continued in us, and preservative if in another: And this they say was their sense when they declared against the King's Authority in our person. We would gladly know what we have done to change their scope, since the time that by their many professions (formerly recited) they seemed to be of another Opinion: if it be for doing little or nothing, we believe we have made it appear, they are principally guilty of our being out of Action. That it will be preservative to the Nation, to have the Authority to Govern it in another, we shall he glad to be convinced by the Event. The los● of the Places mentioned here, is answered elsewhere: We shall only add, That a● Cashell was lately deserted by some of those Men esteemed Obedient Children of Holy Church, so the same Men could neither be persuaded nor forced into Kilkenny, when they bad Orders for it; and by that means both Places were lost. What we declared at Cork in this particular, was before the Conclusion of the Treaty of Peace, and published in Print, and then well known to many of these Bishops: So that they ought then to be ware how they had concluded a Peace with one that had made such a Declaration, rather than now, after almost two Years, to make it a ground of breaking the Peace. What our Opinion is of the Covenant, or the best Reformed Churches, we hold not ourself obliged to declare: Resolved we were to defend the Peace concluded by us in all the parts of it: which we have faithfully endeavoured to do, and should still have endeavoured it, if we had not been interrupted, affronted, and wholly disabled therein by the Contrivement of those very Bishops, their Brethren and Instruments. Now at length they are come plainly to show the true ground of their Exception to us, which they have endeavoured all the while to disguise under the personal Scandals they have endeavoured to cast upon us. ☜ They are afraid of Scandal at Rome. for making Choice, as they call it, (as if they might choose their Governors) of one of a different Religion: If this be allowed them, why they may not next pretend to the same fear of Scandal for having a King of a different Religion, ☜ and to the Power of choosing one of their own Religion, we know not. Touching any Agreement made between the Queen of England and his Holiness, for a Governor for this Kingdom, we have never heard of any such; and we are most confident, that in the Agreement, and consequently in the want of Performance, her Majesty is falsely aspersed by the Framers of this Paper. We believe that no Prince or State that could not be induced to Succour or Countenance this Nation, being under Obedience to their Natural King, will Succour or Countenance it, if it suffer itself to be seduced into Rebellion upon the Motives suggested by these Men and their Brethren; which were to give exil Example to their own Subjects, and hazard the Quiet of their Kingdoms or States. To these we have answered elsewhere. We cannot sufficiently wonder, that Men having no Spleen or Malice to our person, have yet been so transported by their desire to have a Governor to their mind, as to asperse us with so many Untruths as they have been detected of in this Discourse: Or why (if their Charity be such as they speak of) they choose not rather to deal freely with us in private, when we so often provoked them to it, than to join with others to keep us here against our inclination (as if it were on purpose) to send us away irrecoverably blasted in Honour and Reputation, by their public Declaration. As to the Commissions here mentioned to be given by us against Limerick, the many Provocations, Disobediences, affronts, and Challenges of Dues (by the Commissioners) applotted on them, required much more at our hands than we did: Which you will find by the ensuing Discourse; though therein we are necessitated to reassume in part what we formerly said of the demeanour of that City: That we having for a long time observed the great Disadvantage his Majesty's Service, in the Conduct of the War; hath been subject unto, for want of Garrisoning the Army in the principal Cities and Towns of this Kingdom, whereby the Army could not but be undisciplined and unfit for Action, the Country (where we have been forced to Quarter them at large) burdened, and destroyed, and the said Cities and Towns (on the Defence whereof depended the Preservation of the Kingdom, with the Lives, Liberties, and Fortunes of all his Majesty's good Subjects therein) in apparent hazard of being lost upon the approach of an Enemy, as by sad Experience hath been verified in the loss of some Places of importance, for the want of the seasonable admitting into them of fitting Governors, and Garrison Soldiers; We did on the 14th of January last, propose unto the Commissioners authorized by us, in pursuance of the Articles of Peace, that then immediately Limerick and other Places should be strongly Garrisoned and Fortified: and in pursuance of the said Articles, we offered unto them the Names of three Persons of the Roman Catholic Religion, that out of them they might choose one for the Command of Limerick. But the Plague increasing at Kilkenny, together with the necessity of dissolving the Meeting then there, and for other important reasons, the Election of a Governor of the said City of Limerick was deferred, to the end that at our coming thither, we might, in the manner prescribed by the Articles of Peace, make Choice of such a Person and Garrison as might be at once fit for so important a Charge, and beyond all possibility of being liable to just Exception from that Corporation. We leave it to the Commissioners and others that then attended us, to witness what pains we there took to satisfy those of that City in the necessity of their speedy receiving a Governor and Garrison, in relation to all the Interests that can be of value with any People: What our Patience was in passing by many Disrespects and Marks of an Unworthy Distrust put upon us there, as particularly the Officer commanding the City Guards, neither came to us for Orders, nor imparted any to us; that no Officer of the Army, nor any other Person could without special leave, (and that hardly obtained from the Mayor) be admitted to come to us, to receive our Commands and Directions for resisting the Rebels, than by this means prevailing in the County of Limerick, and other places; and that the Lord Viscount Kilmalloc, a Peer of the Realm, and an Officer of the Army, was (we being upon the place) restrained of his Liberty, ☜ for no other reason than for Quartering, by our Orders, for one night, some few Horse under his Command in the Liberties of the City. When through such their Deportment, we despaired of persuading them to the ways leading to their proper Safety, and also judged it far beneath the Honour of our Master, to remain any longer in a Place where such Affronts were put upon his Authority entrusted with us, we determined to remove from thence to Logreogh, appointing the said Commissioners, and as many of the Roman Catholic Bishops as were within any convenient distance, to meet us there on the 9th of March; Where, being met, we declared unto them the necessity of Garrisoning that City; and gave them some notice of our resentment of our Usage there, yet sparingly, in hope that by their means they might be brought to consent to what was so necessary for their own Preservation, and in time to a better understanding of their Duty to his Majesty's Authority. Whereupon the said Commissioners, by two of their Number, directed very pressing and rational Letters to that Corporation, to the effect proposed by us; offering them their Choice of five Persons for the Martial Government of that City, all of the Roman Catholic Religion, of considerable Interest in the Kingdom, and of unblemished Reputation. And the Bishops do affirm, That they accompanied those Letters, with others from themselves, persuading, that Obedience should be given to what was required by us, with the Advice and Consent of the said Commissioners. To all which they returned Answers to these employed to them; wherein in direct Violation of the Articles of Peace (whereunto they were obliged, and which was proclaimed in that City) they presumed to propose the raising of new Forces of their own; choosing what Men to receive, how and whence they should be supported, by whom their means should be raised and collected, into whose hands it should be put; and in short, wholly omitting to declare any thing concerning a Governor; assumed to themselves all the Power in that City, that by his Majesty is placed in us, and by the Articles of Peace in the Commissioners. These Propositions coming to us before our meeting with the Commissioners at Athlone, we directed our Letter of the 9th of April, to those employed to them, with direction to impart it to the Corporation: In these our Letters we manifested our dislike to such parts of their Presumption as tended to a dangerous Distinction and Dividing of the Nation, and to the Diminution of his Majesty's Power, even as the same is for a time in some things limited by the Articles of Peace, and added to their Choice of Government the Lord Marquis of Clanrickard. But in their Propositions (which might be understood to proceed only from a fear of being overburdened for the want of the punctual Payment of the Men that should be admitted) we gave them assurance of Satisfaction as far as in us lay. And the Commissioners being at Athlone, and made acquainted with their Answers, did again propose unto them some things nearer to their own sense: But all their Forbearing, Condescensions, and mild Persuasions, have produced in them no other effect than an obstinate and peremptory Persistance in their Disobedience, with an Aggravation of it, by their rejecting six Persons free from all just exception, and presuming to offer three of their own naming to our Election. After this followed the breaking open our Trunks of Papers there; the forcing of the Stores of Corn laid up for his Majesty's Army, and therein some Corn belonging to ourself, and disposing of all to such uses as they thought fit. All which we passed by until that Murtagh O Bryen going unto that City with his Regiment, and being there received and continued contrary to our Orders, to multiply his Affronts unto us, (which rendered him the more acceptable to that City) came forth with the said Men into the County of Clare, and drive away the Cattle of divers of the Inhabitants of the Country, who had formerly paid their Contribution unto such as were appointed to receive it. Upon whose Sufferance and Complaint thereof, we sent our Order unto the Mayor of Limerick, to send to us the said Murtagh O Bryen, in the condition of a Prisoner, by a party of Horse and Foot, that we sent thither to receive him. To the Commander of which Party, we gave order to seize upon the Cattle of the said City; and in case Obedience would not be given to our said Warrant, to drive them away: The Officer did accordingly seize upon the said Cattle; but could get no other answer, than that the Mayor would send us his answer; which came not to us at least in a week after, neither did it then show any thing of Obedience, the substance of it being, That the Government of that City was committed to Major-General Hugh O Neil, and therefore that he would not intermeddle therein. Whereas they made the Governor a cipher, and suffered him to act nothing but what they pleased; who returned us that answer unto our Command unto him to send us the said Murtagh O Neil Prisoner. And whether the least of the said Offences deserved not worse Usage than Limerick had from us, at least if all did not, let any indifferent or moderate Men judge. What ground we had for giving the like Commissions against Galway, will presently be spoken of: That the purpose of those Corporations was not to submit unto us, is doubtless well known to, and infused into them by those Bishops, and their Instruments, whom we admit not as competent Judges of the Faithful Actions of those Places to the Crown. X. That no foreign Nation will Trade with us under his Government, for the hard Usage of Captain Antonio, and other Owners of Adventurers, and especially of the Hollander, the Owner of the Ship called the Seven Stars; and so we must soon give up to the Enemy for want of Ammunition. Eleventhly, The vast Sums of Money, and the Stock of the People consumed (more being spent to lose the Kingdom, than the Enemy bestowed to conquer us) not accounted for, tho' often demanded, doth disanimate the People to come again under his Government. Twelfthly, The Event of War being uncertain, if the Nation should be reduced to the Condition of agreeing with the Enemy, his Excellency were not a fit Man to agree for the Exercise of our Religion, Churches, Altars, or any thing concerning the same. Conclusion. The best way offered unto us in this pressing Exigent for the Union of the Nation, and keeping them from agreeing with the Enemy is, that ●he Marquis of Clanrickard (in whom, according to the Sense of the Congregation at James-Town, we desired the King's Authority should be left, before the coming of the King's Declaration) may Govern the Nation with the consent of all Parties, and the King's Authority from the Lord-Lieutenant, which he conceives is in him until an Assembly; and to that end, that a free and lawful Assembly be made to sit, to judge upon the People's preservation, and to decree and order what shall be best and safest for the Defence of the Nation, touching the King's Authority to be kept over them, the Peace to be asserted and made good, or to renew the Association, or any thing else they shall find best and most expedient. Part of this is answered in our Answer to the fifth Article of their Declaration. As to the ground of seizing the Hollander, here mentioned, it was amongst others for these Reasons: First, For that the Corporation of Galway this last Summer, did unwarrantably assume to itself the Power of Judicature in Maritine Affairs, and that the Mayor, for that time being, (with what Assistance we know not) adjudged, and accordingly disposed of a Ship and her Lading as Prize, notwithstanding our Inhibition to him at that time, and our requiring him to show upon what pretence he assumed such Power, there being upon the place proper Judges deriving Authority from His Majesty, to give Judgement in such Cases; and notwithstanding, that even in the time of Confederacy, the like Power was never assumed by them, but all Prizes were adjudged by Commission from the Supreme Council of the Confederate Catholics. Secondly, That notwithstanding we, some time the last Summer, having first made tender of Farming the Customs to the said Corporation, and they refusing it, Farmed the same to certain Persons, who were, at a day long since, in part of Payment of the Customs, to have delivered us a good proportion of Ammunition, wherewith to defend this His Majesty's Kingdom and People against the Rebels; yet the said Corporation pretending there was Money due of the Loan-Money, promised by them in the beginning of the Year before, (which they can never make good, as appears by their backwardness to come to Account) gave, or suffered violent interruption to be given to the said Farmers, in receiving the benefit of their said Bargain; and notwithstanding their Application▪ to the Mayor, and our Letters in their favour, there was no Redress given them, nor Punishment inflicted on the Disturbers. Whereby we have wanted the Ammunition contracted for, and lost many Opportunities of Service against the Rebels; and many Places were taken by them, for want of the said Ammunition, and the remaining part of the Kingdom in apparent hazard of becoming a Prey to the said Rebels. Thirdly, That the said Corporation (when it appeared necessary to us, to the Lord Marquis of Clanrickard their Governor, and to the Commissioners Authorized in pursuance of the Articles of Peace, that for the Defence thereof a Garrison and Governor should be placed in the said Town) refused, and do still refuse to receive any such Garrison, or Governor, as by the Articles of Peace they were, ☜ and are to receive. Which is a breach of the said Peace, and Disobedience of a high and criminal nature. Fourthly, That in the Month of September last, there was Published, and Declared in the Town of Galway, a False, Scandalous, and Traitorous Excommunication and Declaration, against any that should Obey or Adhere unto His Majesty's Government and Authority in us, who are only therewith trusted as Lord-Lieutenant of this His Majesty's Kingdom, and another Power and Government without, and against. His Majesty's said Government, ☜ set up and practised: And that the Mayor and Aldermen, with a multitude of others of the said Corporation were present, countenancing and abetting the said Traitorous Excommunication and Declaration; and do yet countenance and abett the same, by entertaining, relieving, and cherishing the Contrivers and Publishers thereof: Which by the Laws in force in this Land is High-Treason. Fifthly, That in the said Month of September last, or in the Month of October, the Captain of the Guards of that Town, commonly called the Captain of the Young Men, ☜ did make Search for us in the said Town, as after a Criminal Person or Fugitive, thereby endeavouring to bring Scorn and Contempt upon us, and His Majesty's Authority placed in us. Lastly, There were divers Sums of Money put aboard the Ship called The Seven Stars, to be Transported out of the Kingdom without Licence; there were Fells, and divers other Commodities unentred in the Customhouse, for which Goods no Custom was paid to His Majesty, which were sufficient grounds to cause the said Ship and Goods to be seized on, the Goods belonging to Merchants of Limerick and Galway, as was acknowledged in Letters from the Mayors of both Corporations, desiring restitution. For as much of this as concerns us, we have answered in our Answer to the Declaration of the Bishops; and shall only add, That we are neither by the Articles of Peace to account for Monies spent, nor to bring any Receiver to account, but that Power is in the Commissioners by the 28th Article of the Peace. Here again they take upon them to declare the Sense of the People, without Authority from them. We acknowledge ourselves no fit Person in any Event of War, to agree with the Enemy for the People committed by His Majesty to Our Government, without Licence from His Majesty. Touching the ways advised by them for preservation of the Nation, it is also referred by us unto the Consideration of the Assembly, we being disabled by the Practices before set down, to act any thing towards it, in the way of Opposition to the Enemy. But where they say they never intended to hinder Assemblies, or give Law to the People, it is plain that they declared the People were not longer to obey our Orders, who only even by the Articles of Peace, bad Power to call an Assembly. And if to give and take away Governors at their pleasure from the People, as these Men have done, be not to give Law to them, it is yet the highest Prerogative exercised by the Kings and States of the World. And if they can not otherwise, than by assuming this Power endeavour to defend the Altars, and Souls trusted to them, the World hath long wanted the Example given by them; and the Apostles, and Primitive Bishops and Fathers of the Church, have been wanting in Example and Precept. To this we willingly submit. For we never intended to hinder Assemblies, or to give Law to the People. All we endeavoured was to defend the Altars, and Souls entrusted to us. As we are of Opinion the Soldiers will follow the Marquis of Clanrickard, and the People obey him, so will we contribute our best Endeavours to that effect. We further give assurance hereby, That if a Free and Lawful Assembly, upon due Consideration of their own State and Condition, shall find it the best way for their safety and preservation, to make Agreement with the Enemy, as we intent never by the Grace of God, to grant away from us, by an affirmative Assent, our Churches and Altars (if forced from us, we are blameless): So will we not hinder the People from compounding with the Enemy, for the safety of their Lives and Estates, when no way of Defence is appearing; though upon such Agreement we see, that we alone shall probably be the Losers of Sees, Estates, Churches, Altars, Immunities, and Liberties. But in such Contracts with the Enemy, if any shall happen (which God avert) we shall pray and conjure the Catholics of Ireland, that that of the Maccabees be Recorded of them to future Ages: Erat enim pro Uxoribus & Filiis itemque pro fratribus & cognatis minor Sollicitudo, Maximus vero & primus pro Sanctitate timor erat Templi. This is the Answer delivered unto us the Fifth of this Instant November, by the Bishops of Killalla, Fearns, Killmacduogh, Clonfert, Kilfenora, and Dromore, after several Conferences upon the Proposals made unto them at Galway, the 7th of November, 1650. SIGNED, Gerald Fennell. Richard beling. Jeffery Brown. Lucas Dillon. Rich. Everard. Rich. Barnewall. After this, there was nothing left for the Lord-Lieutenant to hope or expect any Good from, except the approaching Assembly, to which, on the Sixteenth of November, he wrote an Exhortation to Unity and Obedience; but finding, as he suspected, that the Influence of the Clergy over them, would keep them from doing any thing to the purpose, he prepared for his Voyage, and sent his Goods and Servants on Shipboard, and on the Second of December, from Kilcolgan, wrote them a long and excellent Letter in his own Vindication, containing most of these Transactions; and concluding thus: WE desire, that when you find we are any thing sharper in our Expressions, than suits with the Respects you have to these Prelates, and other Clergymen, you would then likewise consider the provocation they have given us. And that as to compass their ends, they have not forborn falsely to charge us with the highest Crimes imaginable, and with the greatest Defects and Failings, that can render a Man of our Condition and Profession contemptible; so it was in our own Defence necessary for us to show, that this Judgement was not given of us, by a grave Congregation of Advised, Temperate, and Loyal Persons, but by Factious, Rash, Violent, and Disloyal Men, assembled without Authority, transported with Spleen, Arrogance, and Ambition, taking advantage of the ill success themselves are guilty of, to declare things contrary to Truth, and contrary to the Sense and Desire of many learned and pious Men of their own Profession, that are born down and awed by their Tyranny; the Truth and Justification of which Judgement is disavowed by some who are mentioned in the Subscription, as being obtruded on them by the Major Vote, or done by their Procurators, without their Assent or Knowledge. To conclude, We profess to the World, that we have a high Reverence to, and Esteem of the Character of Episcopacy, even where we descent from the Doctrine taught by those that bear it: But if they shall lay aside the Ingenuity, the Moderation, the Charity becoming their Function, nay, the Humanity and Civility becoming Men, and that to our personal Defamation, we conceive we may detect the Faults of the Persons, and yet retain our Respect to the Function. And indeed his Excellency had reason for his Resentments of the Factious Deportment of the Popish Clergy; for notwithstanding their expressions of Loyalty, Omnem Operam adhibuerant Prelati ut ad pristinam redirent Federationem sine dependentia ulla a Rege. Vindic. Ever. 105. yet as Father Ponce confesses, or rather boasts, they were endeavouring all they could to resort to their first Confederacy, without any regard to the King. But as soon as the Assembly understood the Lord-Lieutenant's Resolution to leave the Kingdom, without appointing a Deputy, they sent the Lords Clanrickard and Dillon, and two more to him, with the following Public Act and Declaration of the Assembly: The General Assembly's Public Act and Declaration, (Dated at Loghreogh the 17th of December, same Year 1650) upon, and some few Days after Receipt of the precedent Letter from the Marquis of Ormond, than Lord-Lieutenant of Ireland. WHereas the Archbishops and Bishops, met at this Assembly, have of their own free accords, for removing of Jealousies, that any might apprehend of their Proceed, declared and protested, That by their Excommunication and Declaration at Jamestown in August last, they had no other Aim, than the Preservation of the Catholic Religion and People, and did not propose to make any Usurpation on his Majesty's Authority, or on the Liberties of the People; confessing it belongs not to their Jurisdiction so to do, upon consideration of which their Declaration and Protestation, and their Professions to that purpose in this Assembly, and of his Excellency's Letter dated the 16th of November last, recommending unto us, as the chief ends for which this Assembly was called▪ the removing of all Divisions, as the best way for our Preservation, We the Lords Spiritual and Temporal, and Gentry met in this Assembly, conceiving that there is no better Foundation and Ground for our Union, than the holding to, and obeying his Majesty's Authority, to which we own and aught to pay all dutiful Obedience, do hereby declare and protest, That our Allegiance to his Majesty is so inherent in us, that we cannot be withdrawn from the same; nor is there any power or authority in the Lords Spiritual or Temporal, Gentry or People, Clergy or Laity of the Kingdom, that can alter, change, or take away his Majesty's Authority, we holding that to be the chief Flower of the Crown, and the Support of the People's Liberty, which we hereby protest, declare, and avow, and also do esteem the same essentially inviolably and justly due from us, and the chiefest Mean, under GOD, to uphold our Union and Preservation; And do unanimously beseech his Excellency, in his great Affections to the Advancement of his Majesty's Service, and his hearty desires to this Nation's preservation, to which he hath relation of highest Concernments, in Blood, Alliance, and Interest, to leave that Authority with us in some person faithful to his Majesty, and acceptable to the Nation: To which person, when made known unto us, we will not only afford all due Obedience, but will also offer and propose the best Ways and Means that God will please to direct us to, for preservation of his Majesty's Rights and Peoples Interests and Liberties, and for begetting ready Obedience in all places and persons to his Majesty's Authority. And we do farther declare, That albeit Drogheda and all other places which were upon conclusion of the Peace in January 1648, in the Enemy's power in this Kingdom (the Cities of London Derry and Dublin only excepted) were in his Excellency's time of Government and Conduct, through many hazards in his person, and loss in his Fortune, reduced to his Majesty's Obedience, God was pleased to bring us to the State and Condition we are at present, yet we are fully satisfied, that his Excellency had faithful Intentions, and hearty Affections, to advance his Majesty ' Interests and Service in this Kingdom. Loghreogh, 7th Decem. 1650. By Command of the Assembly, Richard Blake. Hereupon his Excellency sent them word, That he had sent a Deputation to the Marquis of Clanrickard, to Govern the Kingdom, provided that their Declaration might be so far explained, as to give the Marquis of Clanrickard full satisfaction, that the Expressions they made, touching the Obedience they owed and resolved to pay unto his Majesty's Authority, was meant, The Authority placed in his Lordship, or any other Governor, deriving or holding his Authority from his Majesty; and that they esteem it not in the Power of any Person, Congregation, or Assembly whatsoever, to discharge or set the People free from obeying his Lordship, or any other such Governor, during the continuance of the said Authority in him: without which, he said, he could not (in Duty to his Majesty) leave his Authority, subject to be tossed to and fro, at the uncertain Fancies of any Man or Men, and without any probability of saving the Nation; which could be no otherwise effected, than by an absolute cheerful Obedience of the People, unto the Authority placed over them. And so having given charge to the Lord Clanrickard, not to accept the Government upon other Terms; and having refused a Pass from Ireton, which a great Man yet living, solicitous of Excellency's safety, had obtained; and being accompanied with the Lord Insiquin, and the Colonels Vaughan, Wogan, and Warren, and about twenty more, in a small Vessel of twenty eight Tun and four Guns, he set sail for France about the middle of December; leaving ULICK Marquis of CLANRICKARD, Earl of Saint ALBAN, Lord-Deputy; to whom the Assembly applied themselves, and besought him to assume the Government as Lord-Deputy of Ireland, according to the Power left with him by the Lord-Lieutenant. But the Marquis absolutely refused to do it, except they satisfied the Proviso mentioned in the Lord-Lieutenant's Letter to them; and that he saw such an Union amongst them, as might free the King's Authority from the Affronts it had been exposed unto. Whereupon they petitioned him again to assume that Authority, without which the Nation, as they said, would be exposed to Ruin; and they promised entire Obedience thereunto; and for farther manifestation of the Sincerity of their Intentions, they made the following Act: By the General Assembly of the Kingdom of Ireland. Logreogh, 24th of Decemb. 1653. ALthough this Assembly have endeavoured by their Declaration of the 7th of this Month, to give full Testimony of their Obedience to his Majesty's Authority, yet for further Satisfaction, and for removal of all Jealousies, we do further declare, That the Lords Spiritual or Temporal, Gentry or People, Clergy or Laity of this Kingdom, shall not attempt, labour, endeavour, or do any Act or Acts to set free or discharge the people from yielding due and perfect Obedience to his Majesty's Authority invested in the Lord Marquis of Clanrickard, or any other Governor or Governors of this Kingdom; And in case of any such Labour, Act, or Endeavour by which any Mischief might ensue by seducing the people, we declare, That no person or persons shall or aught to be lead thereby; but by their Disobedience on any such grounds, are liable and subject to the heavy Censures and Penalties of the Laws of the Land in force, and practised in the Reign of Henry the Seventh, and other Catholic Princes: Nevertheless, it is further declared, That this is not meant or intended by any thing herein contained, that this Nation will not insist upon the performance of the Articles of Peace, and by all just means provide against the Violation of the same: And inasmuch as his Majesty is at present (as we are informed) in the power of a Presbiterian party of the Scots, who declared themselves Enemies to this Nation, and vowed the Extirpation of our Religion, ☜ we declare, That it is not hereby intended to oblige ourselves to obey or observe any Governor that shall come unduly nominated or procured from his Majesty by reason of, or during his being in an unfree Condition, that may raise Disturbance of the present Government established by his Majesty's Authority, or redound to the Violation of the Articles of Peace. By the General Assembly, etc. Logreogh, 24th of Decemb. 1650. IT is declared, That by the word (OUGHT) expressed in the said Declaration, this Day voted in this Assembly, it is not meant or intended to look back, or have a retrospect into any former Proceed of the Clergy. However, they would not consent the following Clause should be added, viz. (Or set free or discharge the People upon any pretence whatsoever from yielding Obedience to the Power and Authority entrusted by his Majesty in any Governor of this Kingdom, during the Continuance of his Commission, or the Powers and Authorities from thence derived,) although the Lord-Deputy did very importunately desire it. But now that the Confederates have gotten a Governor to their mind, one of their own Religion, and in truth a brave Man, it is but reason to expect that the Assembly should take valiant and unanimous Resolutions for a suitable Defence; but Experience hath convinced the World, that they who are most quarrelsome, are not always most stout; and therefore it is not to be wondered that it should (within very few Days, and before any new Misfortune happened) be proposed in the Assembly, That they might send to Treat with the Enemy for the Surrender of all that was left: However, the major part of the Assembly rejected the Motion with Scorn; whereupon the Bishop of Fernes proposed, ☜ To resort to their first Confederacy, and so proceed in their Preservation, without any respect to the King's Authority. And this disloyal Motion found so many Abettors, especially of the Clergy, that those who were zealous in opposing it, were fain to reproach the Assembly by telling them, That they now manifested, that it was not their prejudice to the Marquis of Ormond, nor their zeal to Religion, that had transported them, but their dislike of the King's Authority, and their resolution to withdraw themselves from it: That they themselves would constantly submit to it, and defend it with their utmost hazard, as long as they should be able; and when they should be reduced to extremity, (that Treating with the Enemy could no longer be deferred) they would (in that Treaty) make no provision for them, but be contented that they should be excluded from any benefit thereof, who were so forward to exclude the King's Authority. ☞ But as some of the Irish that pretended Obedience and professed Loyalty, were nevertheless daily undermining the Government in favour of the Nuntio, and by b P. W. Remonstrance 583. mixing Truth and Lies indifferently, and by clamour on the common Topick of ill Success, did raise Sedition, and foment Jealousies, hoping to get rid of the Lord-Lieutenant, and to get the Kingdom in their own power, to dispose of it to the Pope, or some other Foreign Prince, as hath already been shown. So there were others that did actually correspond with the Cromwelists, and poorly truckled to the prevailing Party; for fear of whom they pretended, at first, to have raised their Rebellion; insomuch, that in a Letter of the Seventh of May, the Earl of Castlehaven complains of the Marquis of Antrim's Defection, and says, That the Irish are so false, that Nobody is to be trusted, for either the Husband or the Wife are still Treating with the Enemy, and in their Camp: And a greater Man than he, in his Letter of June 26. to the King, acquaints His Majesty, That His Affairs are confounded by the ever-Disloyal Party of the Irish Clergy, to whom Lying is as natural as Rebellion. But that which is more wonderful, is, that the Popish Archbishop of Armagh, and others, should issue Precepts to pray for the Success of Cromwell's Forces, P. W. Remonstrance, 706, 707. whilst Dominick Dempsy a Franciscan Friar, and Mr. Long the Jesuit asserted, That the King being out of the Catholic Church, it was not lawful to pray for him in particular, or in general publicly, except on Good-Friday, as comprehended amongst the Infidels, Jews, Mahometans, Pagans, and Heretics; and even then it is lawful to pray but for the welfare of his Soul only, and not for his Temporal Prosperity. But this will be the less admired, P. W. Remonstrance. when it is known that the same Archbishop of Armagh pleaded for favour from the Parliament, to the Ulster Irish; because, says he, They never had Affection to the King, nor his Family: And as for me, says he, I was never a Friend or Well wisher to any of the Four (meaning the King, the Dukes of York and Gloucester, and the Marquis of Ormond): And indeed the Irish began this Correspondence very early, for in September 1649. Coll. Dungan writes to the Lord-Lieutenant, That Kelly, (the Lord of Antrim' s Priest) was in Dublin with Cromwell. And to manifest that it was not the Popish Clergy alone, that entertained Disloyal Sentiments, but that even some of their Nobility and greatest Men, and such as had received both Honour and Estate from the King, did ungratefully plunge themselves into the same Crimes, I will add the substance of a Letter from Thomas Talbot to the Marquis of Ormond, which I have faithfully extracted from the Original, dated October 22. 1650; wherein he writes: That General Preston being at the Lord Glanmalira ' s, discoursing about the Clergy's Excommunication of all that should obey his Excellency's Orders, wished, The Plague had taken the Clergy that did not first seize on Ormond's Person, and then they might go through with their Design, etc. That the General, and Sir James Preston, (his Son) after long and private Discourse with the Bishop of Dromore, employed Father Taylor to Ireton, with many Instructions signed by Preston, but written by the Bishop. That Sir James Preston at Banchur expressed much bitterness against the King, saying, That he took the Covenant, and Signed a Declaration against the late Peace with the Irish; and wished, The Devil would take all those that would Serve His Majesty, after doing so base a thing; and, that for his part, he would Treat with Ireton, and was sure the Parliament would give the Irish advantageous Conditions. That the said Sir James, after long Discourse with Terence Coughlan,, told Mr. Talbot, That Coughlan thought it Folly not to submit, and take Conditions; and that he would procure an Assembly in Leinster, to prepare Matters for a Treaty with the Enemy. That in the presence of lieutenant-colonel Cusack, O Shagness ' s Son: Florence Mac Carthy, Philip Roch, and John Roch, at several times he spoke to the same effect; and added, That he would rather join with the Turk, against the King, than Serve him, who would sign to such a Declaration, and do so unworthy a thing against the Irish: And being told, That perhaps the King was forced to it; he replied, That is all one, for they who forced him to that, would force him to do more disadvantageous Things to this Nation; and therefore the Nation played the Fool, if they did not timely provide for themselves: and being demanded How could they better themselves; he answered, That if he could get no other, he would call in the Turk: And upon farther Discourse about the Excommunication Mr. Mac Carthy, and Mr. Roch, said, That Laymen should not judge of Ecclesiastical Censures; and Talbot replying, That every Christian might safely obey the Word of God, in submitting to the King; and also uttering some words against the Bishop's Excommunication, and those that should obey it, they told him in Spanish, That they never heard any Man speak so much against the Good of this Nation and Religion as he did. That Sir James Preston corresponds with the Bishops at Galway, and wrote to them, That the King has taken the Covenant, and declared against the Peace; and sends them Copies of the Orders and Letters he receives from the Lord-Lieutenant. That he bragged, That he had Credit with Ireton, and should have liberty to transport three or four thousand Men, and often said, That no Men in the Kingdom were more for an Agreement with the Parliament, than his Father and himself, etc. So far that Letter. And Thomas Dungan did also certify, That he heard very Seditious Discourse from the said Sir James Preston; and particularly, That he blamed his Excellency for sending his Father Orders to surrender Waterford; whereas I myself have seen General Preston's Original Letter, to the Marquis of Ormond, setting forth the impossibility of defending that place; and importuning Orders to deliver it up; and when I have added that on 7 September, 1650. Col. Grace was imprisoned for Correspondence with Ireton. And that it was a common saying among the Nuntionists, That if they must submit to a b Quando alter utro e duobus Hereticis succumbere necesse est uter prevaleat utri parendum susque deque perendum esse. Beling 336. Heretic, (viz. Ormond, or Cromwell) it was no matter to which: And that they did, Anno 1651, offer to submit to the Parliament, but were refused by Ireton, and opposed by Clanrickard. I have offered all that I think fit to say upon this Subject at this time; except an Account of the Marquis of Antrim; which take as follows: The Marquis of Antrim, by his Priest Kelly, had been intrigueing with Cromwell since his first Landing; but from the taking of Ross, the Correspondence between them became the more intimate and effectual: So that on the Ninth of May his officious Desires to serve that Party, prevailed with him to importune a Conference with Commissary General Reynolds, and the Bishop of Clogher, and afterwards with that Bishop, and Col. Owen, the substance of which Conference copied from an Original Certificate, under the Hands of the Commissioners, is recited Appendix 49; and the design of it plainly is to asperse the Memory of King Charles the First, and consequently to justify and encourage his Enemies; and that it was so understood by Ireton, will be manifest from the Favours and Kindness he thereupon shown to that Lord. For not long after this Conference, Antrim had a Pass for his going into England, and an Order from Ireton, to go among his Tenants and levy what Money he could for his Journey; by Virtue whereof he raised 1000 l. and so came to Chester, Wednesday 3. December, 1650. and sent two Servants before to London, to notify his coming, and to send a Coach for him to Barnard on Monday following; he carried with him a Letter from Ireton to the Council of State, importing, That, He, the Marquis of Antrim, had done the Parliament Army singular Service since the first day they came before Ross; and so recommended him to their Favour, to compound for his Estate; and the rather, for that it did not appear, that he had a hand in the beginning of the Rebellion; and adds, that he had Nine months' time given him to make his composition, for two Months of which he was to be protected from all Suits. On Monday, Decemb. 9 he came to Barnard, and not meeting the Coach, he posted to London, and came through byways to the Earl of Newport's, where he met with Advertisement from the Servants that he sent before him, That he was like to find but cold Entertainment from the Parliament, and that therefore he should immediately return to Barnard till further Notice: And he did endeavour it, but being benighted, he took up his Lodging at Highgate; but before Morning the House was beset with the Constable and his Assistants, and Antrim was secured; whereof the Parliament being informed, they gave Thanks to the Constable for his Diligence, and ordered Antrim to return to Ireland within two days; which he accordingly did, and took shipping at Nesson, December 30. without being admitted to the presence of the Parliament; and undoubtedly they would have committed him to the Tower, and have used him worse; if it were not for the regard they had to Ireton's Honour. But it is time to return to the Parliament Forces, which despised all opposition, and met with incredible Success, Tecroghan, Haristown, Naas, Ballymore, Ballymallock, Rabridge, Tullo, Athy, Maryburgh, and Castledermond, were without much trouble surrendered to Reynolds and Hewson; as was also Carlow to Sir Hardress Waller, on the 19th of August. Waterford and Duncannon were likewise blocked up since the beginning of June, so that General Preston, Governor of Waterford, who was on the Second of July created Viscount Taragh, did on the same day send a Letter to the Lord-Lieutenant, most earnestly importuning him for greater Supplies than his Excellency could send, or for leave to surrender the City, since his Wants were so great within it, that it was impossible to keep it; however Ireton did not Summon the City until the 25th of July; and then the Popish Clergy who had been such great Incendiaries, and such violent and obstinate Promoters of the War, when they found themselves in danger, were the most forward of all others to Capitulate, and accordingly after a Treaty drawn out in length, General Preston did surrender Waterford on the 10th day of August, which was soon followed by the Rendition of Duncannon, on the 14th. Nor had Sir Charles Coot and Colonel Venables less success in Ulster, for they took the strong Fort of Charlemont on the day of and as for the Castles and Garrisons of Inniskilling, Culmore, Cloghouter, Castlejordan, Carlingford, Monaghan, etc. they made no considerable Resistance. And in Munster Sir Henry Ingolsby went with a party to block up Limerick, in July, and had the good fortune to rout 4000 Irish that came to relieve it, whereof 900 were slain, and many taken Prisoners; and Colonel Phair in August not only disturbed the Lord Insiquin's Levies in Kerry, but also took in the Castle of Kilmurry, and was very troublesome to the Lords Roch and Muskry. But Ireton having refreshed his Army at Waterford, marched through Wicklow, and having taken a prey of 1600 Cows, he sent Sir Har dress Waller with half of them to reinforce the Blockade of Limerick; and Waller in his march did take the strong Castles of Balliglaughan, Ballycubane, and Garygaglan and on the 9th of September summoned Limerick; but it was in vain, for the same Hugh O Neil, that made the brave Resistance at clonmel, was now Governor of that City. Ireton himself marched on to Sir Charles Coot, and being joined they went to Athlone, but the Bridge being broke, and the Town on Leinster side burnt, Ireton left Coot there, and having in his way taken two Castles in Mac Coghlan's Country, together with by'r, which the Irish had deserted and burnt, he came before Limerick; but finding the Year too far spent, and that Limerick could not be forced unless it were attacked on both sides the River; he endeavoured to get Killaloo pass; and so having taken Nenagh, Castletown, and Dromaneer, he went into Winter-quarters to Kilkenny on the 10th of November. In the mean time part of the Marquis of Clanrickard's Forces had retaken by'r and the other two Castles in Mac Coghlan's Country, and pretended to relieve Athlone if it should be distressed: Whereupon Colonel Axtell, Govenour of Kilkenny, being joined with the Wexford and Typerary Forces at Roscrea, encountered them near Meleak-Island on the 25th day of October, and gave them a sore Defeat, killing 1500 Men, and taking 200 Horse and all their Baggage. In the mean time the Duke of Lorraine not having finished his Negotiations at Rome, which I formerly mentioned, continued his Dissimulation of Zeal for Religion, and of concern for the Roman Catholic Irish; whereupon the Lord Taaf (whom Ormond had sent to the King to get foreign Supplies, if possible) finding that the King was in Scotland, so that he could not get access to him, made such importunate Application to the Duke of Lorraine, that he procured the Abbot of Saint Catharines' with some small Supplies to be sent to the Clergy and Catholic Nobility and Gentry of Ireland, (Ormond being then in France;) This Agent or Ambassador landed in the latter end of February 1650, at Galway, and as soon as he understood that Clanrickard was left Lord-Deputy, he gave his Excellency notice of his Arrival, and afterwards shown him his Credentials, and assured his Excellency, that the Duke his Master had so entire an affection to the King of England (the prefervation of whose Interest in that Kingdom, was the chief motive to him to offer his Assistance) that if he had known any person had been entrusted there with his Majesty's Authority, he would have Addressed himself unto him and no other; and that he finding his Lordship invested with that power, did (what he knew his Master expected at his hands) apply himself unto him; with, and by whose Directions, he would alone steer himself through that Negotiation: He told him the Duke had already disbursed 6000 Pistols for the supplying them with those things he heard they stood most in need of, which were brought over by a Religious Person who came with him, and that he was ready to be informed of what they would desire from his Highness, that might enable them to resist their Enemy, and that he would consent to any thing that was reasonable for him to undertake. Hereupon a Committee of the Commissioners of Trust, and some Prelates was appointed to Treat with him; but as the Abbot varied from his first Proposals, so the Popish Clergy did change and very from the Lord-Deputy's Instructions, and turned out some of the Committee who would not comply with them, and put in others in their room: and though the Lord-Deputy prohibited their further progress in the Treaty upon such dishonourable Terms as the Abbot now proposed, yet they would go on to conclude it, and thought they had excused their presumption well enough by saying, That the Abbot would not consent to any other; and that it was better to submit to hard Conditions, than to break of the Treaty. Whereupon the Lord. Deputy was so disgusted that he left the Town, and refused to receive a Visit from this Ambassador that had so manifestly prevaricated from his first pretences. By this stifness in the Lord Deputy, the concluded Treaty vanished into smoke; but the Abbot (knowing his Master's design) would not totally break off the Correspondence, but on the contrary, began to talk more mildly, and as if the Duke would do very kind things, if Agents were sent unto him. Which being made known to the Lord-Deputy, he appointed Sir Nicholas Plunket and Jeffery Brown, for that Embassy, and gave them such Instructions as he thought fit. But the Prelates did not like, that a matter of this importance should be managed without them; and therefore under pretence of soliciting the Archbishop of Mecklin, the Bishop of Liege, and other ecclesiastics for Assistance, they * Episcopi & clerus & multi alii precipui nobiles ac Magistratus earum Duarum civium quae Catholicis restabant. Vindiciae Eversae 21. Vide the Commission Appendix. 47. drew in some of the bigoted Nobility and Gentry, and together impowered the busy Bishop of Ferns to interest himself in the Treaty with the Duke of Lorraine, which he did with that Confidence and Rashness that was peculiar to him, and spoiled whatever he meddled with, and particularly the Negotiation in hand. And that the World may know, P. W. 585. they regard Clanrickard no more than Ormond. that this Bishop and those of his party, had no more regard to the King's Authority in the Roman Catholic hands of the Marquis of Clanrickard, than whilst it remained with the Heretic Marquis of Ormond, it is necessary to add the Bishop of Ferns' Letter to these Agents (Plunket and Brown) who were then in the same City with him, viz. Brussels. I Do with all sincerity offer mine own Opinion, what is to be done by you in this Exigent, (which is) to the end the Agreement you are making with his Highness the Duke of Lorraine, become profitable to the Nation, and acceptable in the Eyes of God, that you would immediately, with humble hearts, make a Submission unto his Holiness in the Name of the Nation, and beg the Apostolical Benediction, that the Light of Wisdom, the Spirit of Fortitude, Victories, Grace, Success, and those Blessings of God we one time enjoyed, may return again to us; The necessity of doing this is the greater, that the * Clanrickard. Person from whom you come with Authority, is for several causes Excommunicated, A Jure & Homine, and is at Rome accounted a great Contemner of the Authority and Dignity of Churchmen, and Persecutor of my Lord Nuntio, and some Bishops and other Churchmen; some of his own Letter come fair for the proof hereof; you may be pleased to call to mind that he (though much and often moved thereunto) never joined with the Confederate Catholics, until he found the opportunity of bearing down the Pope's Nuntio, and had the Lord of Insiquin (who not long before died his hands in the blood of Priests and innocent Souls, in the Church or Rock of St. Patrick in Cashel) to close with him in Society of Army; the Nation hath now no cause to joy in that Conjunction of those two Stars. Do you think God will prosper a Contract grounded upon the Authority of such a Man (if some other way be not found of reconciling him to us.) That therefore what is profane may be holy, and what is rotten sound, say in the Name of the Nation, with the Prodigal Child, Surgam & ibo ad Patrem & dicam ei, pater peccavi in Coelum & coram te; And even immediately go to his Holiness' Inter Nuntio in this City, to make this happy Submission, Quia nescit tarda Molimina Spiritus Sancti gratia: This being done, go on cheerfully with your Contract with this most Catholic Prince, who did he rightly know the business (without such Submission) would never enter upon a Bargain, to preserve or rather restore Holy Religion in a Kingdom with Agents bringing their Authority from a withered accursed Hand; and God will send his Angels of strength and light before that People, at least many of them who lying in Darkness, and shackled with the Irons of Excommunication, etc. And it was by the solicitation of this Angry Bishop, and the influence the Clergy had over them, that the Agents waving the Authority of the Lord-Deputy that sent them, were induced to join with the Lord Taaf, and in the Name of the People and Kingdom of Ireland, to make the following Articles with the Duke of Lorraine: An Agreement betwixt Charles the Fourth Duke of Lorraine, and Theobald Lord Viscount Taaf, Sir Nicholas Plunket, and Jeffery Brown, Deputed and Authorized by the People and Kingdom of Ireland. I. THE most Illustrious Duke is to be vested with Royal Power, under the Title of Protector Royal of Ireland. II. Because Religion is the prime End and Subject of the Treaty; all is to begin with an imploring Application to the Pope for his paternal Benediction and Help, that he will not be wanting in things Spiritual or Temporal; in consideration whereof, it is protested, That constant perpetual Obsequiousness of Duty and Faithfulness shall be paid to his Holiness and the Apostolic See. III. In consideration of this Royal Protector's power granted, the Duke is by War to prosecute the King's Enemies, and afford him all possible Assistance. iv The said Duke is to do nothing in derogation of the King's Authority or Jurisdiction in Ireland, but rather to amplify it; and having restored the Kingdom and Religion to its due pristine Estate, is to resign cheerfully the Kingdom to the King. V Before Resignation as aforesaid, ☞ the Duke is to be reimbursed all by him pre-impended in this Business; and for this Reimbursement a general and exact Obedience to the Duke in Faith and Fidelity from the Kingdom and People is made, and to be observed without Reservation to any other Superiority whatsoever. VI The Duke is not to fail on his part, to Expel out of Ireland, Heretics, Enemies to the King and his Religion, and to recover and defend all things belonging to the Faithful Subjects of Ireland. VII. The Duke is solely and absolutely to exercise all Military Power for the present and future in Ireland, as to the Nomination of all Commanders, and guiding all Martial Proceed at his own pleasure, and in his own person, unless he in his absence substitute some other Catholic Person. VIII. The Duke is to introduce no Innovation in the Towns, etc. to him assigned repugnant to the Securities, Privileges, Immunities, Proprieties, Lands, Estates or Ancient Laws of the Irish, reserving only to himself Authority to apply Remedies to any thing accrueing, wherein public prejudice may be contained. IX. The Duke is not to interpose in Administration of Judicial or Civil Affairs, but leave them to be proceeded in according to the Fundamental Laws, and public Form of the King's Chief Governor, and the Assembly instituted. X. The Manner of calling Assemblies to be as formerly, unless complaint arise against the Government, or other extraordinary Emergencies hinder; and then according to the Ancient Laws, the cutting off the Assembly is to be at the pleasure of his Highness. XI. When the Work is done in Ireland, by consent of a General Assembly, the Duke promises to afford Assistance to the King against Rebelling Adversaries in other Kingdoms. XII. In case the Duke cannot go in person into Ireland, it is free in his choice and pleasure to depute any other Man of Catholic Piety, who shall be Independent in the Militia, and in Civil Matters shall be received to all manner of Councils, in the same right as any other Counsellor or Commissioner. XIII. All Cities, Castles, Lands, taken from the English, shall revert to the Owners, if Catholics, who have connstantly persevered in the Catholic Quarters under the Duke; yet the Duke's Military Power shall be entire over the same, to garrison and dispose of them at his pleasure. XIV. All Pay to the Soldiers is to pass from the Duke, as well out of the public Revenues, as the Duke's Coffers, when that fails; provided, that the Duke's disbursements of his proper Money for public Uses, for the future, to be repaid him as former Disbursements. XV. All Goods of Enemies and Delinquents are to be converted to the public Military Charges, and towards rewarding great Merits by the Duke, with Advice of the General Assembly. XVI. The Duke besides 20000 l. already contributed, promises all further Accommodations, and Supplements for War, together with his power and industry, what is not above the reach of his Faculties, and beneath the Necessities of the War, towards the Repayment whereof, as well Principal as the Annual Provenue and Use thereof, the whole Nation of Ireland is to be liable until the last Penny be paid; and for Caution in the mean time, the Duke is to be seized and possessed in his own hands of Galway, Limerick, Athenry, the Castle and Town of Athlone, ☜ and Waterford, and the Royal Fort of Duncannon, (when recovered from the Enemy) and these are to remain to him and his Heirs until full and entire Satisfaction received, and to pay just Obedience, and be Garrisoned and Commanded at his pleasure. XVII. In laying of public Taxes, and levying the same for the Duke's Satisfaction, the Duke to proceed by Advice of the General Assembly, and all aggrieved Parties in case of Inequality, to seek Redress from the General Assembly. XVIII. For Liquidating and Stating the Duke's Disbursements, a certain Method shall be agreed on between the Duke and the said Transactors, but for the persons to be entrusted in that Charge, the General Assembly is to alter them at their pleasure. XIX. The Duke shall make no Peace nor Cessation without the Lord-Deputy, or General Assembly. XX. The Lord-Deputy and General Assembly shall make no Peace without the Consent of the Duke. ☜ July 12th, 1651. Signed, Charles of Lorraine. But the Secret and Int●igue of these Articles lay where one would have least suspected it, viz. in the second Article, for though it seem to be mere Formality, and to contain only matter of Respect and Compliment to the Pope, yet it was the most effectual Article of all, and served the Duke to these two purposes, first to oblige the Bishop of Ferns, and such other giddy and restless Zealots that were Favourites of the Court of Rome; and secondly to delay the Execution of the Agreement, until this previous Article should be first performed; and accordingly the Duke of Lorraine, the Bishop of Ferns, the Lord Taaf, Sir James Preston, and Sir Nicholas Plunket signed a formal submission to the Pope, Vide, The Submission at large, Vindiciae eversae, p. 85. in the Name of the Kingdom of Ireland, and therein supplicated his Absolution from the Censures and Excommunication of the Nuntio; and in the mean time, till that could be accomplished, his Highness thought it enough to Secure the Irish with the following Letters: To the Marquis of Clanrickard. SIR, THE stay which the Gentleman (Abbot of St. Katherine) made with you, and his long Navigation by the Northern Sea, having brought much delay as well to his Return, as to the disposal of Affairs here, I could not sooner dispatch unto you, than by this Galliot, by which Mr. Plunket, and Mr. Brown (your Deputies) have in charge more at large, to give you to understand the conclusion of the Treaty I have made with them, to the greatest advantage that one could desire for the Good of the Catholic Religion, the Service of the King, and Re-establishment of the Kingdom; which are the only Ends that I have proposed unto Myself. Moreover, the satisfaction which the Queen and Duke of York have shown unto Me, shall, as I hope, be followed by that of all good People, the Fidelity of whom hath hitherto appeared without Reproach, in a time when, it seems, they had no other recourse but to themselves, I believe they will continue to make it good, being (as they are) invited thereunto, by the part which I have taken in their preservation, preferring it to that of my own Dominions, and to the urgent Necessities of my Affairs, touching which, and the Assistances which I am with all care and diligence possible preparing: I beseech you to make known to the good and faithful Subjects of the Kingdom; and in your own particular to take all assurance of the Esteem which I make of your person, and the desire which remains with me on all Occasions to acknowledge its merit, where I may make Myself known. SIR, From Brussels, Sept. 10. 1657. Your Affectionate Friend to Serve You, Charles Lorraine. To the MAYOR, COUNCILS, and CORPORATION of GALWAY. Honoured Sirs, OF the Agreements made between Me, and the Agents of that Kingdom, I leave to them to inform you more particularly, of which they have taken the Charge: I do not think that they will omit how unchangeable and constant I am, notwithstanding the ill Rumours of your Affairs, and the great and urgent necessity of my own, I choose to prefer your Good before all Private and Public Occasions of my own, as well as I confide that you, to the uttermost, will remain constant in your Intent to Defend Religion and Country, to a high great hope of your Fortitude. Bear in mind, that the Success of the Enemies is hitherto permitted by the Providence of God, to the end, to reserve the chief Glory of Vindicating the Kingdom and Religion to you and the Limericians: As they have performed their part most nobly, I doubt not, but when the Occasion of promoting the Cause is offered, you also will perform and show the like Example of Constancy, with happy Emulation: In the mean time, lest the delay of supply, which proceeded of the slow return of the Abbot of St. Katherine would put you in any doubt of my Mind, while with all Care and Diligence to provide and send them Supplies, I thought fit to hasten the sending thither of this Bark, by which I might assure your hopes of me, and for my hope of you. Most Worthy People, Your most Affectionate, CHARLES LORRAINE. Dated at Brussels, Sept. 10. 1657. But the Lord-Deputy was not at all satisfied with the Articles of Agreement, or these Letters, as will appear by his Excellency's Answer; which was as followeth: May it please your Highness, I Had the Honour on the 12th of this Instant to receive a Letter from your Highness, dated the 10th of September, wherein you are pleased to express your great Zeal for the Advancement of the Catholic Religion in this Kingdom, your great Affection to the King my Master, and your good Opinion of this Nation, and your compassion for their Sufferings, and your great readiness to afford them Aid and Assistance, even equal with your own nearest Concernments; and that your Highness received so great satisfaction from the Queen, and Duke of York, as did much strengthen those Resolutions, so as they might sooner appear, but for the stay made here of Monsieur St. Katherine, and his long Northern Voyage upon his return, and referred what concerned the Agreement, to the relation of those Commissioners I had employed to your Highness, to treat upon that subject of Assistance and Relief for this Kingdom. I with much alacrity congratulate your Highness' pious Intentions, for the preservation of the Catholic Religion, your Great and Princely Care to recover His Majesty's Rights and Interests, from his Rebellious Subjects of England, and the high Obligation you put upon this Nation, by your tender regard of them, and desire to redeem them from the great Miseries and Afflictions they have endured, and the imminent Dangers they are in: And it shall be a principal part of my Ambition, to be an useful Instrument to serve your Highness in so Famous and Glorious an Enterprise. And that I may be the more capable to contribute somewhat to so Religious and Just Ends; First in discharge of my Conscience towards God, my Duty to the King my Master, and to disabuse your Highness, and give a clear and perfect Information, so far as comes to my Knowledge, I am obliged to represent unto your Highness, that by the Title of the Agreement, and Articles therein contained, made by those Commissioners employed to your Highness, ☞ and but lately come into my hands, they have violated the Trust reposed in them, by having cast off, and declined the Commission and Instructions they had from me, in the King my Master's behalf, and all other Powers, that could by any other means be derived from him, and pretend to make an Agreement with your Highness, in the Name of the Kingdom and People of Ireland, for which they had not, nor could have any warrantable Authority; and have abused your Highness, by a counterfeit show of a private Instrument, fraudulently procured, and signed (as I am informed) by some inconsiderable and factious Persons, ill-affected to His Majesty's Authority, without any knowledge or consent of the generality of the Nation, or Persons of greatest Quality or Interest therein, and who under a seeming zeal and pretence of Service to your Highness, labour more to satisfy their private Ambition, than the advantage of Religion or the Nation, or the prosperous Success of your Highness' generous Undertake; and to manifest the clearness of mine own Proceed, and make such deceitful Practices more apparent, I send your Highness herewith an Authentic Copy of my Instructions, which accompanied their Commission, when I employed them to your Highness, as a sufficient evidence to convince them. And having thus fully manifested their breach of Public Trust, I am obliged in the King my Master's Name, to protest against their unwarrantable proceed, and to declare all the Agreements and Acts whatsoever concluded by those Commissioners, to be void and illegal, being not derived from, or consonant to His Majesty's Authority, being in Duty bound thus far to vindicate the King my Master's Honour and Authority, and to preserve his just and undoubted Rights from such deceitful and rebellious Practices; as likewise, with an humble and respective Care, to prevent those prejudices that might befall your Highness, in being deluded by counterfeit shows, in doing you greater Honour, where it is apparent that any Undertaking laid upon such false and ill-grounded Principles, as have been smoothly digested and fixed upon that Nation, as their desire and request, must overthrow all those Heroic and Prince like Acts, your Highness hath proposed to yourself, for God's Glory and Service, the Restauration of oppressed Majesty, and the Relief of his distressed Kingdom, which would at length fall into intestine Broils and Divisions, if not forcibly driven into desperation; I shall now with a hopeful and cheerful importunity upon a clear score, free from those Deceits, propose to your Highness, that for advancement of all those great Ends you aim at, and in the King my Master's behalf, and in the Name of all the Loyal Catholic Subjects in this Nation, and for the preservation of those important cautionary Places, that are Security for your Highness' past and present Disbursements, you will be pleased to quicken and hasten those Aids and Assistances, you intended for the Relief of Ireland; and I have with my whole Power, and through the greatest Hazards, striven to defend them for you, and to preserve all other Ports, that may be at all times, of Advantage and Safeguard to your Fleets and Men of War, having yet many good Harbours left; and also engage in the King my Master's Name, for whatsoever may prove to your Satisfaction, that is any way consistent with his Honour and Authority, and have made my Applications to the Queen's Majesty, and my Lord-Lieutenant (the King being in Scotland) further to agree confirm and secure whatsoever may be of advantage to your Highness; and if the last Galliot had but brought 10000 l. for this instant time, ☜ it would have contributed more to the Recovery of this Kingdom, than far greater Sums delayed, by enabling our Forces to meet together, for the Relief of Limerick, which cannot but be in great distress after so long a Siege, and which, if lost, (although I shall endeavour to prevent it) will cost much Treasure to be regained. And if your Highness will be pleased to go on cheerfully, freely, and seasonably, with this great Work, I make no question but God will give so great a blessing thereto, as that myself, and all the Loyal Subjects of this Kingdom, may soon and justly proclaim, and leave recorded to Posterity, that your Highness was the gr●●t and glorious Restorer of our Religion, Monarch, and Nation; and that your Highness may not be discouraged, or diverted from this generous Enterprise, by the Malice or Invectives of any ill-affected, it is a necessary Duty in me, to represent unto your Highness, that the Bishop of Ferns (who as I am informed, hath gained some Interest in your favour) is a Person that hath ever been violent against, ☜ and malicious to His Majesty's Authority and Government, and a fatal Instrument in contriving and fomenting all these Divisions and Differences that have rend asunder this Kingdom, the Introduction to our present Miseries, and weak Condition: And that your Highness may clearly know his Disposition, I send herewithal a Copy of part of a Letter written by him, directed to the Lord Taaf, Sir Nicholas Plunket, and Jeffery Brown, and humbly submitted to your Judgement, whether those expressions be agreeable to the Temper of the Apostolical Spirit, and considering whose Person and Authority I represent, what ought to be the Reward of such a Crime. I must therefore desire your Highness in the King my Master's behalf, that he may not be countenanced or entrusted in any Affairs, that have relation to His Majesty's Interest in this Kingdom, where I have constantly endeavoured by all possible Service to deserve your Highness' good Opinion and obtaining that Favour to be a most faithful Acknowledger of it, in the Capacity and under the Title of, Your Highness' Most Humble and Obliged Servant, CLANRICKARD. Athenree, 20th Octob. 1651. These Letters were as pat to the duke's purpose as could be, for it justified him in not sending Succours until there should be a New and more Authentic * Null is suppetias missurus antequam alius tractatus concluderetur. Vindiciae Eversae 139. Treaty; and it also justified his Answer not to Treat any farther with the Agents, without his Majesty's † Progredi in tractatu noluit donec de regis voluntate constaret. Ibid. Approbation: Which being made known to his Majesty, he sent the Lord Goring with Letters of the 6th of February, from Paris to thank his Highness for refusing farther Treaty with the Irish Agents, and to propose to enter into a new Treaty with him about the Relief of Ireland; but the Duke by this time had finished his Intrigue at Rome, and therefore gave a very short answer, That his Majesty had nothing in Ireland to treat for. The Year 1651, 1651. could not well be otherwise than successful, for on the one side the Irish were distracted and divided, and on the other side, the English Army was rendered Immortal by those constant and seasonable Supplies both of Men and Necessaries that were sent them from England; so that notwithstanding their frequent Expeditions and Excursions in the Winter, they were ready to take the Field early: But the main design being against Limerick, it was necessary to get into the Province of Conaught, which was entirely in the Irish hands; and in order to this, Sir Charles Coot, with 2000 Horse, and as many choice Foot, marched to Sligo, and when he had amused the Irish as though he would attempt that place, he slipped by them over the Curlew Mountains, and came to Athlone, which he quickly took, as he did also Portumna soon after; so that they had two good Passes over the Shenin; and in the mean time Ireton with the main Body of the Army forced Killalow-pass, and then marched down to Limerick, and there he entrenched his Army, and laid a formal and regular Siege to that City. And it is strange that a Town that was so obstinate and wilful that it refused to receive the Lord-Deputy (Clanrickard) and good part of his Forces into their Walls for their Defence, as it did the Lord-Lieutenant heretofore, was nevertheless so pusillanimous and cowardly to talk of surrendering as soon as the Enemy appeared before it; so that almost every day Letters were intercepted, importing, That if they were not speedily relieved, the Commonalty would force them to Capitulate. And at last they did give it up at a time of Year that of itself would have raised the Siege, if they had had patience; and they also did it upon the hardest Conditions of any City in the Kingdom; however, we must do that right to the Governor and most part of the Garrison, to own, that they were no way guilty of that Baseness, but bravely rejected the favourable Offers that were made to them by the Enemy at the beginning of the Siege. About the first of July Ireton took the Castle on the Wear which the Warders deserted, and betook themselves to the River; but finding they were continually shot at by the English, they came on shore in two parties, the one to the West side where Colonels Tuthil's Regiment was, a Captain whereof promised them Quarter; nevertheless, they were by Tuthil's order stripped and knocked in the head; whereat Ireton was so enraged, that he caused Tuthil to be tried by a Council of War; and though he excused it by his Opinion, That an Inferior Officer had no power to give Quarter, whilst his Superior was upon the place. Yet both he and his Ensign were Cashiered: And when Ireton understood that the other party of the Irish that landed on the East side in Colonel Ingolsby's Quarters, had been kindly used, and not so much as stripped, he dismissed them Gra●is, without Exchange or Ransom, and sent them into the City with a handsome Message, expressing his Detestation of breach of Faith, and offering what farther Satisfaction they desired; but they were very well pleased with the Justice he had so generously done them, and so that matter ended. But Ireton pressed on the Siege with great diligence and vigour, and the Governor as valiantly defended the City; so that when Ireton had taken the Bridge, that Conquest was made unuseful to him by breaking down two Arches at the other end; whereupon Ireton endeavoured to possess the Island, and provided eleven Boats and a float to that purpose; but it did not succeed according to his design, for the Float proved too short, so that all the Men but seven that landed out of the first five Boats, were slain or drowned before any of their Companions could come to assist them. However, Ireton resolved to take the Town, and was in hopes that want of Victuals might force it to surrender in time; but the danger was, that the Irish might relieve it before he could reduce it to Extremity; and therefore to prevent that, he formed an Army Volant under the Lord of Broghill, out of his, Ingolsby's, Cromwell's, and Henry Cromwell's Regiments of Horse, and twenty six Companies of Foot; and though that Lord desired to have none but Horse and Dragoons for Expedition sake, yet Ireton obliged him to take Foot also, because of the Woods and Fastnesses the Enemy might lurk in. And because Reputation ought highly to be considered at all times, but more especially in the beginning of Military Actions, the Lord Broghill did proceed with all the Briskness and Expedition that a brave and a vigilant Captain was capable of, and in few days came so near the Enemy, that they could perceive each other Fires, they being three Mile on the South, and he three Mile on the North side of the Blackwater. The Irish Army were double his number of Horse, and thrice as many Foot as the English; nevertheless Broghill passed the River early in the morning, and met with some Irish Gentlemen that were under Protection, and told him they came thither out of Curiosity, because of a Prophecy amongst them, That the last Battle in Ireland should be at Knocknaclashy; and they supposed if ever it would happen, it would be now, since both Armies were so near. Whereupon the Lord Broghill asked them, Who was to have the Victory by their Prophecy; they shook their heads and said, The English. Hereupon that Lord marched to Knocknaclashy, and the Enemy retiring, he marched back again over it towards the place where he intended to Quarter: And then the Irish fell upon his Rear; so that the Battle did at last happen in that very place the Irishmen spoke of in the morning. It was very strange that it should so fall out, that the Budge-Barrels of both Armies were accidentally burnt at the beginning of the Fight; but it seems that this did not discourage either Party, but that they fought stoutly, Horsehead to Horsehead, hacking and hewing with their Swords when they had spent their Shot: In fine, the Lord Broghill in the right Wing routed the left Wing of the Enemy, whilst Major Wallis in the left Wing valiantly made good his ground, but a fresh party of the Irish had like to put the Victory in dispute, till Broghill bid his Men cry, They run, they run; Whereupon the first Rank of the Irish looked back, and those behind seeing their faces, thought they were running indeed, and so all that party fled. Nevertheless, the Irish once again bid fair to recover the day, by means of a stand of Pikes which stood so firm, that it was a long time before they could be broken, but at last they were forced in their Angles, and the whole Army was routed, and very many of them killed, by reason of a fierce and vigorous Pursuit which lasted till night. There are many things observable of this Battle, besides what is already mentioned, 1. That it was the last Battle that was fought in that War, according to the irish-men's Prophecy. 2. It was as fair a day both before and after the Fight, as ever was known, but during all the time of the Conflict there was as great a Storm of Thunder, Lightning, and Rain, as had happened in many Years before. 3. That amongst the Baggage were taken a Peck full of Charms; some of which had it thus written upon them, This is the print of our Lady's Foot, and whoever wears it, and says twenty Ave Maries, shall be free from Gun-shot: And the like Charms were to free them from Pike or Sword, as the party desired it. And lastly, that a bold Horse of the Lord Broghill's being ' twice wounded in this Battle, became afterwards so cowardly, that he was fit for nothing but the Coach. But 'tis time to return to Ireton, who signified his Joy at this Victory by three Volleys of Shot throughout his Camp: Nevertheless, he found no likelihood of taking the City, but on the contrary, received many brisk Sallies from them, in one of which they slew three hundred of his Men; so that probably he had gone without it for that Year, if the Town's Men who had been always mutinous had not continued in the same humour still, and pressed for a Parley: Whereupon the Clergy threatened to Excommunicate them if they offered to Treat with the Enemy, which in effect was they said, To give up the Prelates to be slaughtered: And they did actually fix a perpetual Interdict upon the Church-doors and other public places; but alas those Fulminations had been too loosely and impertinently used, to retain any virtue now in time of need: So that without any regard to them, Colonel Fennell seized on St. John's Gate, and the Mayor supplied him with Powder, and countenanced him in the resolution to give up that Post to the Enemy, unless the Garrison would consent to Capitulate: In fine, they did on the 29th day of October surrender that strong and important City upon severe Articles, wherein the Governor, the Bishop of Limerick, and twelve more were excepted by Name, as to Life, and some of them, particularly the Bishop of Emly and Alderman Dominick Fanning, were executed: it was computed, that they lost 5000 People in the City during the Siege, mostly by the Plague and other Sickness: nevertheless, after the surrender, there marched out 1300 Soldiers, and there still remained in the City 4000 Irishmen able to bear Arms. Limerick being thus taken, and Sir Hardress Waller being made Governor of the City, Ireton on the Fourth of November marched towards Galway, and being joined with Sir Charles Coot, they took Clare, from whence Ireton sent a Message to the Town of Galway, offering them good Conditions if they submit without putting him to farther trouble, and severely threatening them if they refused the proffered Articles, and it is probable these Comminations might have made impressions upon them if Ireton's Death, which happened at Limerick on the Twenty-sixth of November, had not given them respite. But it must not be forgotten, that during the Siege of Limerick Sir Charles Coot encountered a Party of Fitz-Patrick's and O Dwir's Forces, that had retaken Meleke Island, and tho' they behaved themselves so well, that they baffled his Foot two or three times, yet by the bravery of his Horse he worsted them at last, and killed and drowned 300 of them, and made the same Number accept of Quarter for Life. But Ireton being dead, the Parliament Commissioners at Dublin appointed Lieutenant-General Ludlow Commander in Chief of the Army, until further Order should be taken in England in that matter. And in the mean time Sir Charles Coot blocked up Galway at a distance, and when Ludlow came to him, they drew so near, that the Assembly which sat there, did, in February, importune the Lord Deputy to permit them to Treat with the Enemy about Conditions for the Settlement of the Nation; protesting, That they would insist upon advantageous and profitable Terms, but the Lord-Deputy knowing it was more proper for him, than for them to Treat for the Nation, did on the Fourteenth of February writ to the Commander in Chief of the Parliament's Forces upon that subject; but he had no grateful Reply, the English being resolved not to admit any Treaty for the Nation in general, but those that would Capitulate, should do it only for themselves, or the Towns and Places they respectively belonged unto. The Year 1652, began with the Surrender of Galway to Sir Charles Coot, which happened on the Twelfth of May, before any Storm or Assault was attempted, and without consulting the Lord-Deputy tho' he was within half a days Journey of the place, but indeed they had better Conditions than they could have had, if the Parliaments Commissioners had been made acquainted with the matter; and perhaps there was reason for it, because the Town was exceeding strong, and the loss thereof carried with it the Fate of Ireland, and the determination of the Rebellion; for what little Contests happened from henceforward, do hardly deserve the Name of A Tory War. Roscomon and James-Town were Surrendered to Col. Reynolds on the 27th of April, and in Munster there was not a Garrison left them, but Ross in the County of Kerry, which being a Castle in an Island was thought impregnable; but Ludlow caused a small Ship to be made, and had it carried over the Mountains, and set a float in the Lough, at the sight of which the Irish were so astonished, that they yielded up the place on the 27th of June; and Inchylough was also surrendered to Col. Zanky on the first of August; and about the same time the Lords of Westmeath and Muskry, O Connor Roe, Sir William Dungan, Sir Francis Talbot, and others, submitted upon these Conditions, ☞ That they should abide a Trial for the Murders committed in the beginning of the Rebellion, and those that only assisted in the War were to forfeit two Thirds of their Estates, and be Banished. And tho' the Lord-Deputy did on the 16th of May take Ballishannon, and the Castle of Donegal, yet both those places, together with Sligo, and Ballymote, were soon regained by Coot and Venables, and the Lord-Deputy forced to shelter himself in the Isle of Carrick, and having no part to friend, nor any Party he could trust, he also submitted upon very honourable Conditions, Of not having any Oath imposed upon him, and of having liberty to transport 3000 Men into the Service of any Prince in Amity with England: And so on the 16th of March he was transported to England, in a Parliament Ship, and not long after died in London. In the mean time Col. Charles Fleetwood, who had married Ireton's Widow, was made Commander in chief of the Forces in Ireland; he landed in the latter end of August, and found the Military Service of the Kingdom in a manner finished; so that what remained to manage were the Civil Affairs, which were committed to him, and the rest of the Commissioners of Parliament: And they began their Administration of those Matters by Erecting a High Court of Justice, to try those that were accused of the barbarous Murders committed in this Rebellion. The first Court of this sort that was held in Ireland, was upon the 4th of October, at Kilkenny, before Justice Donelan Precedent, and Commissary-General Reynolds, and Justice Cook Assistants; and it sat in the same place where the Supreme Council used to sit, Anno 1642. Afterwards the like Court was held at Dublin, before the Lord Chief Justice Lowther, and others▪ and there Sir Phelim O Neal was tried, condemned, and executed; and it is observable, that being urged both at his Trial, and Execution to discover the Commission he had from the King, for the Rebellion of 1641, and that he should be pardoned both for Life and Estate; he confessed in both places, That he had no such Commission; but that he took the Seal from a Patent he found at Charlemont, and fixed it to a Commission he had caused to be written in the King's Name, and that Michael Harrison (then present in Court, and confessing the same) was the person that stitched the Cord or Label of the Seal, with Silk of the same colour. These Commissions issued in the Name of the Commissioners of the Commonwealth of England, for the Affairs in Ireland; and that for Conaught bore date the 17th day of December 1652, and was signed by Fleetwood, Ludlow, and Jones, and was directed to Sir Charles Coot, Peter Stubbers, Humphrey Hurd, Francis Gore, John Desborough, Thomas Davis, Robert Ormsby, Robert Clerk, Charles Holeroft, John Eyre, Alexd Staples, and others; but I mention these because they sat upon the Trial of the Lord of Mayo, which began the 30th of December, and ended the 12th of January, at which time he was condemned by the Vote of seven of the Commissioners, Gore, Davis, Clerk, and Holcroft dissenting; and accordingly he was shot to Death on the 15th. But his Case being variously reported, it will be convenient to give a faithful account of it as it appeared upon the Trial, which was thus: Upon the Surrender of Castlebar which was besieged by the old Lord of Mayo, and the Prisoner (than Sir Tib●●t Burk) it was agreed by Articles, that the English should march away with their Arms, and be safely convoyed to Galway; and though they were deprived of their Arms contrary to the Articles, yet the Lord of Mayo and his Son (the Prisoner) with their Followers, conveyed them safely to Ballynecarrow, and the next day to Ballinroab, and the third day to The Neal, where they left Sir Henry Bingham, on pretence of his being sick, but as was suspected, to preserve him from the subsequent Massacre, the fourth day they came to Kinlagh, and the next day to Shrule (which it seems was two Mile out of the Road to Galway) there they lodged that night, and the next morning on the 13th of February 1641, an Ambush was laid on the other side of the Bridge, which as soon as the English got over the Bridge, fell upon them, and by the help of the Convoy, murdered about fourscore of the English, the Protestant Bishop of Ki●lalla▪ and a few others only escaping. This matter of fact was thus proved, Four Witnesses swore that the Prisoner was present at this Massacre, and did not oppose it, and that the Convoy were the Murderers, and that the Lord Mayo's Fosterers, Servants and Followers were of that number; and it was proved, that the Lord Mayo (the Father) engaged by Capitulation to Convey the English safe to Galway, and that they were disarmed by his Command, and some of them were Plundered and Stripped by the way by the Convoy; and could get no redress from the Prisoner or his Father; that the Convoy pricked forward the English over the Bridge towards the Murderers; and the old Lord Mayo went to a little Hill hard by to look on; that the Prisoner was seen to come over the Bridge from the Murderers after several Englishmen had been killed, and had been actually amongst them with his Sword drawn; that the Father refused to Convoy them any farther than Shrule; and that the Prisoner was the first Man that entered Castlebar after the Capitulation. And the substance of the Prisoner's Defence was, That he had no Command of the Party, but with two Servants only came to attend his Father; that on the Outcry, he went over the Bridge, and drew his Sword with design to preserve the English; but being shot at by one of the Murderers, he got a Horse, having lent his own to the Bishop of Killalla to make his escape, and road away before the Murder was committed, and if he had not fled, he had been killed himself; and that he was kind to the English, and preserved many of them both before and after; and that the Protestant Bishop of Killalla had declared, That he believed this Action was done in spite to the Prisoner, and by Letter acknowleged his Civility to himself. But to proceed, the like High Courts of Justice were held at Cork, Waterford, etc. but so many of the Murderers had been destroyed by the Sword and the Pestilence, that not above two hundred suffered by the hands of the common Executioner. In the mean time, on the 12th of August, they passed in England an Act for the settling of Ireland, wherein the Marquis of Ormond, the Protestant Bishop of Derry, the Earl of Roscomon, and the Lord Insiquin, were by name excepted from Pardon for Life or Estate, equally with many others therein named, that were guilty of the first Rebellion. And so we are come to the Year 1653, wherein I cannot find any thing that looks like War, and yet it was the 26th day of September, before it was declared, That the Rebels were subdued, and the Rebellion appeased and ended. Whereupon they immediately proceeded to the Distribution of Lands to the Soldiers for their Arrears, and to the Adventurers for their Money. And thus ended a REBELLION which began with TREACHERY and CRUELTY, and continued with OBSTINACY against all the Tenders of MERCY, and the utmost CONCESSIONS a Gracious King could make, and was supported by an OATH of ASSOCIATION, and Propositions annexed thereunto: wherein there is not a word but breath's HIGHTREASON, except a few of the first Lines which sets up the KING's NAME and AUTHORITY in PAGEANTRY and MOCKERY, to be Crucified and Contradicted by all that follows. FINIS. A LETTER To the AUTHOR of the History of Ireland, CONTAINING A Brief Account of the Transactions in that Kingdom, since 1653. SIR, I Do very well approve of your resolution to close the Second Part of your History of Ireland, with the end of the Irish Rebellion; for, besides that it is impossible for you, at this distance from the Records and Council-Books in Ireland, to give so full and satisfactory an Account of that Kingdom, from 1653 forwards, as you have given of the time before, it is certain that the Intrigues of the Acts of Settlement, and Court of Claims, the Transactions in the late Reign, and the present stupendious Revolution, will afford matter more than enough for another Volume; nor indeed can your History be so complete as I expect it will be, if it were closed with any thing less than the Glorious Issue of the present War. However, I do not offer this to excuse myself from communicating to you such Observations as I have made: On the contrary, I have herewith sent you what I have already collected; and will, as often as you desire, impart to you whatever shall fall under my Notice or Observation, that is pertinent to your purpose. The Interval between the end of the War, and Cromwell's Death, affords but little matter for an Historian; for it was a time of profound Peace, and spent in setting out of Lands, settling of Titles, in Building and Improvements, and in transplanting the Irish into Connaught, and imposing the Engagement. The Government was managed by Commissioners of Parliament, viz. Charles Fleetwood, Lieutenant-General of the Army; Edmond Ludlow, Lieutenant-General of the Horse; Miles Corbet, John Jones, and John Weaver, Esquires; but the Army was under the sole Conduct of Fleetwood. In November 1653. the Commissioners of Delinquency sat at Athlone, to determine the Qualifications of the Irish for Transplantation into Connaught, and they continued eight Months, but did not dispatch Business as was expected, and therefore Judge Cook was fain to supply their Defect; and some of the other Commissioners removed to Loghreogh, to set out Lands to the Irish, pursuant to Cook's Decrees. But in Anno 1654. Fleetwood was made Lord Deputy, and so continued until August 1655. and then Henry Cromwell was made Commander in Chief of the Army, and in the Civil Government Matthew Thomlinson, Miles Corbet, and Robert Goodwin, were in Commission with him; and to them Mr. Steel▪ the Chancellor, was afterwards added. And it was in the year 1655. that the Civil Authority (which had been discontinued in Cork since the year 1644.) was revived, and Sir William 〈◊〉, Maurice Roch, Christopher Oliver, John Morly, John Hodder, and other ancient Freemen of the City, met, and elected John Hodder Mayor, and William Hodder and Philip Matthews Sheriffs. And in the same year the City and County of Londonderry were restored to the Society of the Governor and Assistants of London, of the new Plantation in Ulster within the Realm of Ireland; this County being the forfeited Estate of O Cahan, and other Irish Septs, was by King James granted to this Society, under certain Covenants of Improvement; whereupon they laid out vast Sums of Money in the Management of that Plantation, by building Derry, Colerain, and twelve Manor-houses, etc. But Anno 1636. they were prosecuted in the Star-Chamber on pretence of breach of Articles, and their Estates sequestered; and Anno 1637. Sir Thomas Fotherly and Sir Ralph Whitfield were Commissioned by the King to make new Leases thereof: And though there did pass a Vote of Parliament, Anno 1640. to null the Decree of the Star-Chamber; yet, by reason of the Irish Rebellion following so soon after, they were not restored until this year; but Anno 1662. King Charles II. gave a new Charter to this Society, under which it flourished till of late. But, to proceed: After Oliver's Death, the new Protector made his Brother Henry Cromwell Lord Lieutenant, and so he continued until the 7th of May 1659. and then the Parliament sent over Ludlow, Jones, Thomlinson, Corbet, and Berry, to Govern that Kingdom; but Ludlow returned in September, so that he was not in Ireland when the following Revolution happened. For the People being weary of so many Alterations and Changes, and despising the Unsteadiness of the Government, were generally inclined to the King's Restauration: And this humour being fomented, and discreetly managed, centred in what they desired: The Lords of Montgomery and Broghall, Sir Charles Coot, Captain Robert Fitz-Gerald; Sir Theophilus Jones, Sir Oliver Saint-George, Sir Awdly Mervin, Colonel Mark Trevor, Colonel Warren, and several others, were concerned in this Affair; January 1659. They surprised the Castle of Dublin, and Jones in it; and they seized on Corbet and Thomlinson at a Conventicle in St. Warbert-street; and they forced or persuaded Major-General Sir Hardress Waller to comply, and so they declared for a Free Parliament. The Government being thus in the hands of the Army, was managed by a Committee, or Council of Officers, who, upon the Petition of the a Alderman Dee. Mayor and Aldermen of Dublin, did (as they had before designed) summon a Convention. By this time the Lord Broghill and Sir Charles Coot were come to Dublin, and they projected to suspend the Convention until they had modelled the Army to their mind, and got rid of Sir Hardress Waller: But he suspecting their Design, seized upon the Castle of Dublin; so that they were fain to besiege him, and in five days forced him to surrender; and then they sent Him, Jones, Thomlinson, and Corbet, Prisoners to England. But the Victorious Confederates were like to Clash amongst themselves, one Party being for Articling with the King for the Confirmation of the Estates of Adventurers and Soldiers; and the other Party being for His Majesty's Restoration without any previous Condition; but at length they agreed in this latter Sentiment, and the Convention met on the 7 th' of February, Sir James Barry being their Chairman. Their first Act was to order a Fast and Humiliation for their Sins, amongst which the Murder of the King was Enumerated, and all their Actions were suitable to this beginning; so that they seemed to contend with England, which should be most forward in Restoring the King. On the 16 th' of February, The Council of Officers published their Memorable Declaration, for a full and free Parliament▪ and the Readmission of the Secluded Members in the Parliament of England. And pursuant to it, the Convention published a Declaration on the 12 th' of March, to the same purpose, and afterwards, viz. the 14 th' of May, they accepted of His Majesty's Declaration of the 14 th' of April, from Breda, and cheerfully concurred to His Restoration. And as soon as this was done, the Irish Papists, who had fat still all this while, and contributed nothing to this great Revolution, thought to reap all the Benefit of other men's Merits; insomuch; that several of them took Possession of their former Estates; and this Grievance was so general, that the Convention was necessitated on the 20 th' day of May, 1660. to issue a Declaration for preserving the Peace, and quieting Possessions; and on the first of June, His Majesty in England issued a Proclamation to the same purpose. This Convention gave His Majesty 20000 l. the Duke of York 4000 l. the Duke of Gloucester 2000 l. and then leaving a standing Committee to Govern the Nation, Adjourned till the first day of November following. On the 18 th' of October, His Majesty be Letter approved of this Convention, and so on the 22 d of January it met again; Sir William Dumvill being Chairman, and so continued until its Dissolution in May, 1661. In the mean time, the Government was in the Hands of Sir Charles Coot, and Major William Bury, who were sided Commissioners of Government, and Management of Affairs in Ireland; but not long after Sir Maurice Eustace, Lord Chancellor, Roger Earl of Orrery, Charles Earl of Montrath, were appointed Lords Justices. And the Lord Chancellor, and Earl of Montrath were sworn on the 31st day of December, 1660. as the Earl of Orrery also was on the 17 th' of January following: Their Instructions were very short, and to this effect. 1. To read their Commission, and Swear those Named for Privy-Councellors. 2. To appoint Sheriffs and Justices of Peace, by Advice of the Council, and to Open the Courts of Justice. 3. To promote Peace and Quietness, as well in the Army, as elsewhere, and to hinder any Prejudice to His Majesty. 4. To do what they could to increase the Revenue, and advance the Public Service. 5. To prepare such Bills as shall be thought by them and the Council, to be for the good of the People, and to transmit them to England, pursuant to poinding's Law, in order to a Parliament. 6. To reduce the King's Concessions to the Commissioners of the General Convention of Ireland, into Bills, to Pass next Parliament. 7. To send over Names of fit Commissioners, to Execute His Majesty's Declaration for the Settlement of that Kingdom. Lastly, To cause the Oaths of Allegiance and Supremacy to be taken by all His Majesty's Leige-Subjects of that Kingdom, and to proceed according to Law against those that refuse. And on the 27 th' of January, 1660. Dr. Michael boil, now Lord Primate of all Ireland, and Eleven others, were Consecrated Bishops in St. Patrick's Church in Dublin, with great Ceremony and Formality, which I the rather mention, because so numerous an Ordination of Bishops in one Day, hath rarely, if ever been heard of, either before or since. On the 8 th' of May, a Parliament was Summoned, and Dr. Bramhall, Archbishop of Armagh, was Speaker of the House of Lords, as Sir Audley Mervin was of the House of Commons. This Parliament, as a Testimony of their Gratitude and Affection to the Duke of Ormond, did present his Grace with a Gift of 30000 l. and when the Lords-Justices, and Council, understood that His Majesty on the 4 th' of October, 1661. had appointed the Duke of Ormond to be Lord Lieutenant of Ireland, they ordered all public Expressions of Joy to be made in Dublin, upon that happy Occasion. On January the 14 th', 1661. the Lord Chancellor, and Earl of Orrery, were Sworn Lords Justices on the Death of the Earl of Montrath, which happened the 18 th' of October. And on the 30 th' of April, 1662., they Published an Indulgence to Dissenters, and continued in the Government until the 28 th' of July, 1662. at which time James Duke of Ormond was sworn Lord Lieutenant. But the Session of Parliament begun the 17 th' of April, and on the 15 th' of September, the Bill of Settlement passed into an Act in the Parliament of Ireland; by which Act, and the rest of the Statutes passed that Parliament, the King received more profit than all his Predecessors ever got out of that Kingdom. This Bill had been exposed to the View and Scrutiny of the Irish, and their Council for six Months together; and although they do so very confidently Clamour, that they were never heard; yet all that they could say, was heard, and debated, even with Favour to them; they had Agents there, to whom they allowed three Pence per Acre for that purpose, and every word in the Bill was Expunged, to which they had any just Exceptionl; and at length the matter was determined by the King and Council, and the following Order was made. At the COURT at WHITEHALL, The 14th of March, 1661. Present, The Kings Most Excellent Majesty, His R. H. the Duke of York, Lord Chancellor, Lord Privy-Seal, Lord Duke of Ormond, Lord Marquis of Dorchester, Lord Chamberlin, Earl of Northumberland, Earl of Norwich, Earl of St. Alban, Earl of Anglesey, Earl of Carlisle, Lord Seymore, Lord Hatton, Lord Holles, Lord Ashley, Mr. Trear, Mr. controller, Mr. Vice-Chamberlain, Mr. Secretary Nicholas, Mr. Secretary Morrice. THis day Mr. Solicitor General making Report to His Majesty in Council, from the Committee of this Board for the Affairs of Ireland, upon Consideration of several Papers presented to the Board, by Sir Nicholas Pluncket in the behalf of some of the Roman Catholics of Ireland, concerned in His Majesty's Declaration, according to an Order of the 12 th' of this Instant, That after the Committee had debated the said Papers, the Commissioners from the Council, and the Parliament of Ireland, were called in, and heard, and presented to the Committee several Papers, See them Appendix, 40. viz. Instructions given by the Supreme Council, and others of the Lords Spiritual and Temporal, and the Commons of the Confederate Catholics of Ireland, to be observed by the Bp. of Fearnes, and Nicholas Plunket Esq in the Court of Rome, bearing date the 18 th' of January, 1647. and a Draught of Instructions to France and Spain, and a Copy of the Excommunication Published at James-Town, and that all the said Papers being read, and the said Commissioners being withdrawn, and the Committee then calling in the said Sir Nicholas Plunket, and ask him whether the Signature of the Instructions to Rome, by Command of the General Assembly, were his Handwriting, and whether the Draught of the Instructions to France and Spain, were his Writing also? He acknowledged in the Presence of the Committee, that they were; and that hereupon it was the humble Opinion of the committee, that the Bill for the Common Settlement of that Kingdom, should not be retarded, but proceeded upon with all possible Expedition. It was upon consideration of the said Report, Ordered, that in regard the said Romish Catholics have been already, several times fully heard at this Board, as to the said Bill of Settlement, no more Petitions, or further Addresses be required, or admitted from them, for obstructing the same; but the engrossing thereof be proceeded upon without any further delay, according as the same is already prepàred; and also, that Mr. Solicitor General, do send all the Prouisoes already allowed of, by the said Committee, to be likewise Engrossed. And it is further Ordered, That the Clerk of the Council attending, do not only signify His Majesty's Pleasure unto the said Sir Nicholas Pluncket, that he do for bear coming into, or appearing in His Majesty's Presence, or Court; but also give Notice of this Order to the Committees employed from the said Council and Parliament, to be by them transmitted into Ireland. Copia Vera, Edw. Walker. The Act of Settlement thus past, there was a Court of Claims, erected to adjudge Qualifications of Innocency and Nocency: The Period for this Purpose, was (in Favour of the Nominees, who were to attend till Innocents' were first restored; and by consent of the Irish Agents) appointed by the King's Declaration, to be the 2 d of May, 1661. but the Irish Parliament enlarged the time to the first of August, 1662. and afterwards prolonged it father, to the 22 d of July, 1663. And so the Commissioners, viz. Sir Richard Rainsford, Sir Thomas Beverly, Sir Edward Deering, Sir Edward Smith, William Coventry, Esq (in whose stead came Sir Allen Brodrick) Sir Winston Churchill, and Colonel Cook, Sat at the King's Inus ●●●ral times, but did not hear Causes till the 13 th' of February, because the Irish would not venture a Trial, until they had prepared Deeds, Witnesses, and other Conveniences; and then in that Month, the Commissioners declared thirty-eight Innocent, and seven Nocent; and in March adjudged fifty-three Innocent, and seven Nocent; and in April, Voted Seventy-seven Innocent, and five Nocent; and in the remaining Months, they decided Six hundred and thirty Claims, to the great Loss and Disatisfaction of the Protestants. In the Year 1663. Alexander Jepson, Mr. Blood, Colonel Abbot, Major Warren, and several others, had form a Plot to seize on the Castle of Dublin on the 21 th' of May; but the Lord Lieutenant had notice of it from the Earl of Orrery, and others, and so it was prevented, and a Proclamation issued against the Conspirators in General, on the 21st of May; and against several of them by Name, on the 23 d of May; and on the same day, the Lord Lieutenant, and Council, gave an account of it to the Secretary of State, and his Excellency Prorogued the Irish Parliament till the 21st of July, and so from time to time, until the 26 th' of October, 1665. and then they Sat, and by public Declaration, manifested their Abhorrence of that Plot. Hereupon, all the People, both Protestants and Papists, were disarmed throughout the Kingdom, some few only excepted, in whom the Government could confide. Nevertheless, because several Dissenters refused to join in the late Plot, the Lord Lieutenant on the 29 th' of June, continued the Indulgence to them until Christmas following. And on the 31st of July 1663. the Lord-Lieutenant and Council, upon receipt of His Majesty's Letter in favour of the Lord of Antrim, did, by their Letter of that date, signify to His Majesty, That the Marquis of Antrim did oppose both Peace's of 46 and 48; and did say in open Assembly, That not a Man should go out of Ulster, (when the King expected 10000 out of Ireland): And if this Letter takes place in so extraordinary manner, it will infringe the Act of Settlement, which is the fundamental Security, and will hinder Reprisals for such as by Declaration the King is obliged to provide for. And in April following, His Excellency went for England, and left his Son, the Earl of Ossory, Lord Deputy. And about this time the Irish taking advantage of the mad Plot of Jepson, 1664. etc. aspersed the English with disloyalty, and cried up themselves for the only Loyal Subjects, and they proceeded so far, as to impeach Capt. Knight and Lieut. Salisbury of words which amounted to Treason in Judge Stockden's Opinion; but, upon strict Examination of the matter, the Witnesses were found to falter, and afterwards confessed they were Suborned, and begged Pardon. In the beginning of September, the Lord Lieutenant returned to Ireland: 1665. He landed at Waterford, and brought over with him the new Bill of Settlement, afterwards called, The Act of Explanation, which passed into a Statute on the 15th of December; and soon after his coming over, he raised a Protestant Militia in Ireland, and distributed 20000 Arms amongst them. And it was this year, that Pope Alexander VII. issued his Bull to absolve the Irish from the Excommunication of the Nuntio, in forma Ecclesiae consueta; P. W. Epist. to his Remonst. xxxii. that is, as P. W. explains it, upon their doing public Penance for having returned but only so nigh their Obedience to their King, as a bare Cessation of Arms, in order to preserve His Majesty's Interest, when their own could not subsist without it, did amount unto. On the 16th of December the Lord-Lieutenant did acquaint the Parliament with the great Preparations in France and Holland for War both by Sea and Land, so that there was great danger of an Invasion; whereupon the Commons voted Thanks to His Grace for the Advertisement, and that they would stand by His Majesty with their Lives and Estates, and would be assistant to His Grace against all the King's Enemies; and, to help bear the Expense of the War, gave eight entire Subsidies; and on the 30th of March they gave four more. And indeed it was time to prepare for Defence; P. W. Remonst. 570. for P. W. assures us, the Irish were tampering with France to back their Insurrection by an Invasion. In May, 1666. 1666. some Corporals and Soldiers of five Companies at Carrickfergus, to the number of 200, seized on the King's Money in the hands of his Receiver, and possessed themselves of the Gates, and capitulated with the Earl of Donegall, the Governor, and refused to obey him, but chose Corporal Dillon to be their Chief, and Manned the Walls. May 25th. The Earl of Arran, with four Companies of Guards, went by Sea in the Dartmouth Frigate to Carrickfergus, and arrived there the Sunday after. The Mutineers desired time till afternoon to consider (designing in the mean time to get Provisions into the Castle); but Arran admitting no delay, charged one way, as Sir William Flower did another, and forced the Mutineers into the Castle, with the slaughter of Dillon, and two of his Companions, and the loss of two of the Earl of Arran's Soldiers; and the next day in the afternoon the Lord-Lieutenant arrived with the Horse-Guards, and then they surrendered at Mercy: And this being a time when there was open War with France and Holland, and an Invasion expected from France, the Mutineers were tried by Martial Law, and ten of them condemned to die, and the rest to be transported: but, upon their submission, these last were all pardoned. On the 11th of June the Popish Clergy met in a sort of Convocation, or National Synod, in Dublin, by connivance of the Lord-Lieutenant, pursuant to His Majesty's Order; and it was expected from them, that they would have asked Pardon for the Rebellion in 1641. and have given the King new assurance of their Allegiance, by taking an Oath to that purpose, framed by their own Procurator Peter Welsh, and called, P. W. 10. The Loyal Formulary, or The Irish Remonstrance: But they were so far from doing so, that one of their Bishops said, They knew no Crime they were guilty of, and therefore needed no Pardon; and they not only refused to take the aforesaid Oath, but prevailed with many that had subscribed that Remonstrance, to withdraw their Subscriptions, and to renounce that Oath. But this matter, as it is the greatest Demonstration of what sort of Allegiance the Popish Clergy of Ireland would pay to a Protestant King, so it is well worthy of a Treatise by itself, something more concise than that prolix (else incomparable) History which P. W. has afforded it. But the Secret of this Affair was deeper than P. W. imagined; for the Irish were then ready for a Rebellion, and every day expected an Invasion from France in their favour, and therefore were loath to foreclose themselves of Assistance abroad, or Complices at home, by taking an Oath of Allegiance at that time. And accordingly, on the 19th of June 1666. the Lord-Lieutenant wrote thus to the Secretary of State: There is hardly an hour in a day, wherein I have not hot alarms of Conspiracies ready to he executed by the Irish; and such concurrent Intelligence from several places and persons concerning it, that I now really believe they are put into a disposition of rebelling by some employed out of France: I will, according to Instructions, keep the Irish Clergy to the letter of the Remonstrance, or to a sense equivalent. Most part of this Summer was spent in ordering the Militia; and on the 7th of August the Parliament was dissolved, having enacted as in the Irish Statute-Book, and the Lord-Lieutenant made a progress into Munster; and after his return, viz. on the 27th of September, Edmond Riley, Titular Archbishop of Armagh, was by the Lord-Lieutenant and Council sent Prisoner into England. And at the same time the second Court of Claims sat in Dublin, and were busy disposing of Lands and Houses by lot to the 49 Officers, and in ordering Reprisals, etc. And on the 1st of October the Lord-Lieutenant and Council considered of a way to send 15000 Bullocks for the relief of the City of London, then lately burnt. And in March the notable Tory, Colonel Costilo, was killed; and a Proclamation issued to appoint Granaries for Wheat and Oatmeal in several parts of the Kingdom. The year 1667. was troublesome enough in Ireland, that Kingdom being frequently alarmed with Reports of a French Invasion; so that the Militia was raised in all parts of the Kingdom, and those of Leinster, the City of Dublin excepted, did rendesvouz on the Curragh of Kildare, and thither the Lord-Lieutenant came to view them on the 13th of July. And in the same month a considerable Squadron of Ships appearing upon the South-Coast, very much frighted the Inhabitants thereabouts; but it proved ●o be an English Fleet, under Sir Jeremy Smith, which came into the Harbour of Kingsale on the 11th of July. And in the beginning of the year 1668. the Lord-Lieutenant embarked for England, and left his Son, the Earl of Ossory, Lord Deputy; and he continued so until the 18th day of September 1669. at which time he surrendered the Sword to John Lord Roberts of Truro; who stayed but a very little time, before the Popish Interest, then prevailing at Court, got him removed, and placed in his stead John Lord Berkly, Baron of Stratton, who was sworn Lord-Lieutenant on the 21st day of May 1670. and whose Instructions were to the effect following, viz. 1. The Introduction, and first Instruction, is in usual form, That he is appointed Lord-Lieutenant, and to receive the Sword of State, and take the accustomed Oath. 2dly. And forasmuch as all good success doth rest upon the Service of God, above all things you are to settle good Orders in the Church, that God may be better served in the true established Religion, and the People by that means by reduced from their Errors in Religion, wherein they have been too long most unhappily and perniciously seduced; and never more than since the late fatal Rebellion, which hath produced too plentiful a Seedtime of Atheism, Superstition, and Schism: But in your care of Religion, be sure to moderate the precipitation and preposterous Zeal of any, on what specious pretences soever, who, under the name of Christ's Kingdom, the Church, and Religion, disturb both Church and State, and may endanger the peace thereof; whereas by Wisdom and Moderation, the Established Religion will not only be more firmly settled again, but by a wise and diligent hand the Tares and Cocle, which many years' War and Confusion have sowed, will be most safely picked out. In order to this, proceed, as in the beginning of the Lord Chichester's time, to the Building and Repair of Churches. And because good Preachers will be difficultly obtained without competent Means, inspect the Ecclesiastical Live, with assistance of some of the Church, and others of skill, and raise them as you can, and supply those in Our Gift with pious, apt, and able persons, Men of good respect and credit, and Residents, and persuade all Patrons to do the like, and to eschew Corruption, observe the Directions about the Church of Ireland, Anno 1623. and see that the Clergy lose nothing designed for them in the several Plantations.— And that fit and diligent Schoolmasters may have the benefit of our Donations, and the Act of Parliament.— And that you encourage the People to send their Youth to the College of Dublin. 3dly. Send us an account of the state of the Kingdom, what is wanting, and how it may be supplied. 4thly. Inquire diligently how Our Judges, Officers, and Ministers behave themselves in discharge of their respective Trusts, and that faulty persons may be succeeded by better. 5thly. Take exact Musters,— and administer the Oaths of Allegiance and Supremacy to all Officers and Soldiers,— and Cashier such as refuse. 6thly. To prevent false Musters,— and the mustering of Servants and Tenants, etc. change Quarters often, even to remote Provinces; renewing in this particular the printed Instructions and Rules to the Commissaries in the Duke of Ormond's time, with such Alterations and Additions, as shall be found requisite. 7thly. Quarter the Soldiers most conveniently for our Service, and the least burdensome to the Subjects, and give strict directions that they live orderly, and according to Discipline, and that the Officer may not detain the Soldiers Pay, nor absent himself without licence, which must not exceed three months. 8thly. Inspect the Revenue, etc. exactly, as it was 20 January, 1669. and is now. 9thly. And improve it, by increase of the Income, and abatement of the Charge. 10thly. If any Orders under Great or Privy-Seal, Privy-Signet, or Sign-Manual, or from Privy-Council, shall come unto you contrary to these Instructions, or in your opinion unfit to be obeyed, you may suspend your Obedience, until you signify your Reasons for so doing, and receive Our Answer. 11thly. Make no Grant or Lease of any thing of Ours, till Office be found, or Record entered, and an indifferent Survey or Valuation thereof made, and that then the same be put in charge in the proper Offices, and the Grantee give good Security for Rents and Covenants. 12thly. That new Surveys be made of all forfeited, escheated, and concealed Lands, etc. 13thly. Improve Trade as far as you can, without breach of the Acts of Navigation and Transportation of Irish cattle; particularly, encourage Fishery, Linen Manufacture, the resort of Protestant. Strangers, and if they amount to any Number, we will order them such Privileges for their Religion as will best consist with the Peace of that Kingdom.— Have a strict eye to the Transportation of Wool, take Bonds Diligently, and Prosecute them Severely; and the better to discover Frauds, Transmit your Bonds hither to be compared with the Certificates here:— Also prevent the abuse in Coining, Vending, and Uttering, small Moneys. 14thly. Endeavour to bring all to a Conformity in the Religion by Law Established, and acquaint us with what difficulties you meet with therein. 15thly. Inspect our Forts, Castles, Magazines, and Stores, and endeavour to make Salt-Petre. 16thly. We are informed, That small Profit hath heretofore come to our Exchequer by Castlechamber Fines, though Misdemeanours proper for punishment in that Court were many; we would therefore have you look into the reasons thereof, and to resettle and uphold the Honour and Jurisdiction of that Court, for the repressing exorbitant Offences, wherein our Learned Council are to do their Duty faithfully. 17thly. The Vice-Treasurer, or his Deputy, to receive all Money. 18thly. Reduce the Moneys there, to the condition of Sterling, and establish a Mint there. 19thly. Finding some Propositions of the Duke of Ormond (recorded in the Register of Council-Causes 1662.) fit to be observed, we have renewed them with reference to your Government, therefore observe them. Lastly. Several Popish Clergy, since the return of the Duke of Ormond hither, have exer●●ed their Jurisdictions, to the great grief of the Remonstrants: If so, execute the Laws against the Titular Archbishops, Bishops, and Vicars-general, that have threatened or excommunicated the Remonstrants; and that you protect such Remonstrants as have not withdrawn their Subscriptions. These were the public Instructions; but the Administration of the Government, seemed to have another Foundation, for now the Mystery of Iniquity began to appear, and the Papists were publicly countenanced and indulged in Ireland, many of them got into the Commission of the Peace, and it was attempted also to bring them into the Army; but Matters not running so smoothly, as the Lord Lieutenant expected, he returned to England for new Instructions, and left the Government in the Hands of the Lord Chancellor, and Sir Arthur Forbus, Lords Justices, who were Sworn on the 12 th' of June, and continued in that Office until his Excellency's return, which was on the 23 d day of September, 1671. In the mean time, on the 21st of February, 1670. Colonel Richard Talbot, Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland, who were outed of their Estates by the late Usurped Powers; which Petition was referred to a Commit of the Council to Examine and Report, and a State of their Case was given to the Committee in Writing. Whereupon, on the 28 th' of January, the King's Solicitor attended the committee at the Council-Chamber, His Majesty being present, and there the Petition, and Talbot's Commission from the Irish, the State of their Case, and the Paper of Instances, were read. On the 1st of February, the King being present, Sir George Lane was called in, and the first Instance being the Case of Mr. Hore, was objected against him; but Sir George baffled the Petitioners in that Matter, and having proved an Agreement with Mr. Hore, which His Majesty was pleased to say, He remembered: That Affair was cleared to the satisfaction of the King, and the Committee, much contrary to the Expectation of the Petitioners, who perhaps had prevailed with the King to be there, that he might be an Earwitness of the Wrong that was done them. But the King being weary of such Debates, did on the 4 th' of February in Council, appoint the Lords Buckingham, Anglesy, Hollis, and Ashley, and Secretary Trevor, or any three of them, to be a Committee to Peruse and Revise all the Papers and Writings, concerning the Settlement of Ireland, from the first to the last, and to take an Abstract of the State thereof in Writing. And accordingly, on the 12 th' of June, 1671. they made their Report at large, which was the Foundation of a Commission, dated the 1st of August, 1671. under the great Seal to Prince Rupert, the Dukes of Buckingham and Lauderdale, Earl of Anglesy, Lords Ashley and Hollis, Sir John Trevor, and Sir Thomas Chichly, to Inspect the Settlement of Ireland, and all Proceed from first to last, in Order thereunto. And this was followed by another Commission of the 17 th' of January, 1672. to Prince Rupert, Earl of Shaftsbury, the Lord Treasurer Clifford, and others (amongst whom the Dukes of Ormond was one) to inspect the Affairs of Ireland, viz. the Acts of Settlement and Explanation, and the Execution of them, and the disposing of Forfeited Lands, and the State of His Majesty's Revenue, etc. But how specious soever the Pretences were for these Commissions; the secret Design was to unravel the Settlement, and to humble the Duke of Ormond; upon whom they always, fell, when the Popish Interest prevailed: for otherwise the pretended Grievances, if they had been really true, were few and small; and it were much better for the public, That even greater Irregularities than were complained of, should remain unremedied, than that the great and common Security of the Nation should be shaken. And of this Opinion was the Parliament of England, who always, concerned themselves effectually for the English Interest, and the Protestant Religion in Ireland; and accordingly, on the 9th day of March 1673, they Addressed to His Majesty as followeth. And this Address occasioned, that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesty's most Loyal Subjects the Commons in this Present Parliament Assembled, taking into Consideration, the great Calamities which have formerly befallen Your Majesty's Subjects of the Kingdom of Ireland, from the Popish Recausants there, who for the most part are professed Enemies to the Protestant Religion, and the English Interest; and how they make use of Your Majesty's Gracious Disposition and Clemency, are at this time grown more Insolent and Presumptuous than formerly, to the apparent Danger of that Kingdom, and Your Majesty's Protestant Subjects there; the consequence whereof, may likewise prove very fatal to this Your Majesty's Kingdom of England, if not timely prevented. And having seriously weighed what Remedies may be most properly applied to those growing Distempers, do in all Humility present Your Majesty with these our Petitions. 1. That for the Establishment and Quieting the possessions of Your Majesty's Subjects in that Kingdom, Your Majesty would be pleased to maintain the Act of Settlement, and Explanatory Act thereupon; and to recall the Commission of Enquiry into Irish Affairs, bearing date the 17 th' of January last, as containing many new and extraordinary Powers, not only to the Prejudice of particular Persons, whose Estates and Titles are thereby made liable to be questioned; but in a manner to the overthrow of the Acts of Settlement; and if pursued, may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland, and shake the Peace and Security of the whole. 2. That Your Majesty would give order, that no Papist be either continued, or hereafter admitted to be Judges, Justices of the Peace, Sheriffs, Coroners or Mayors, Sovereigns or Portreeves in that Kingdom. 3. That the Titular Popish Archbishops, Bishops, Vicars-General, Abbots, and all others exercising Ecclesiastical Jurisdiction by the Pope's Authority; and in particular, Peter Talbot pretended Archbishop of Dublin; for his notorious Disloyalty to Your Majesty, and Disobedience, and Contempt of Your Laws, may be commanded by Proclamation forthwith to departed out of Ireland, and all other Your Majesties Dominons, or otherwise to be prosecuted according to Law. And that all Convents, Seminaries, and public Popish Schools, may be dissolved and suppressed; and the Secular Priests Commanded to departed under the like Penalty. 4. That no Irish Papist be admitted to inhabit in any part of that Kingdom, unless duly Licenced, according to the aforesaid Acts of Settlement: And that Your Majesty would be pleased to recall Your Letters of the 26 th' of February, 1671. and the Proclamation thereupon, whereby general licence is given to such Papists as Inhabit in Corporations there. 5. That Your Majesty's Letters of the 28 th' of September, 1672. and the Order of Council thereupon, whereby Your Subjects are required not to prosecute any Actions against the Irish for any Wrongs or Injuries committed during the late Rebellion, may likewise be recalled. 6. That Colonel Talbot (who hath notoriously assumed to himself the Title of Agent of the Roman catholics in Ireland) be immediatedly dismissed out of all Command, Military and Civil, and forbidden Access to Your Majesty's Court. 7. That Your Majesty would be pleased from time to time, out of Your Princely Wisdom, to give such further Order and Directions to the Lord Lieutenant, or other Governor of Ireland, for the time being, as may best conduce to the Encouragement of the English Planters, and Protestants Interest there, and the Suppression of the Insolences and Disorders of the Irish Papists there. These our humble Desires we present to Your Majesety, as the best means to preserve the Peace and Safety of that Your Kingdom, which hath been so much of late in Danger by the Practices of the said Irish Papists; particularly Richard and Peter Talbot; and we doubt not but Your Majesty will find the happy Effects thereof, to the great Satisfaction and Security of Your Majesty's Person and Government, which of all earthly Things is most dear to Your Majesty's most Loyal Subjects. But on the 5 th' day of August, 1672. 1672. Arthur Earl of Essex was Sworn Lord Lieutenant; and in September, his Excellency, and the Council, made Rules and Orders for Regulating of Corporations, pursuant to a Clause in the Act of Explanation to that purpose. And during his Government the Kingdom was very quiet in public Appearance; 1674. for whatever Designs were formed in favour of Popery, were private, 1675. and in England, and were so dexterously countermined by this Lord Lieutenant, that there was but small effect of them perceived in Ireland; but his Excellency went for England, the day of, 1675. leaving the Lord Chancellor, and the Lord Granard, 1676. Lords Justices, who continued so until the return of the Earl of Essex, who resumed the Government on the day of, 1675. But in the beginning of the year 1675. Peter Fox, and five more, pretending to be Passengers in a very rich Ship in Holland, called the St. Peter of Hamburgh, bound for France, did Murder the Master, and three of his Crew, and brought the Ship into Ireland, but by the Wisdom and Diligence of Robert Southwell, Esq Vice-Admiral of Munster, five of the Malefactors were taken and executed, and a great part of the Cargo preserved and secured for the right Owners. But the Earl of Essex being recalled, 1677. James Duke of Ormond was Sworn Lord Lieutenant on the day of August 1677. and that year there was a Popish Regiment raised in Ireland, in pretence of Foreign Service, but the Duke would give them no Arms, so that they were forced to Exercise with Sticks. But I should have mentioned, That the St. David, and forty East-India-Ships, and forty Merchantmen, arrived at Kingsale in July 1673. where they found a secure Sanctuary, until they had Convoy sent them from England; and this perhaps might be one motive to the Duke of Ormond, the next time he took the Sword, to consider the Importance of that Place, which is the best Chamber for Shipping in His Majesty's Dominions: There it was that the Spaniards landed in the year 1601. and there Sir Jeremy Smith and his Fleet sound a safe retreat Anno 1667. and therefore His Grace founded that Royal Structure of the New Fort of Rincorran, which he visited in August 1678. and named Charles Fort; and it seems that King James and the French had no less value for this important Place, since they chose to land there, in March 1688. In September the News of the Popish Plot arrived in Ireland; 1678. and thereupon Peter Talbot, Titular Archbishop of Dublin, was apprehended, and made close Prisoner in the Castle of Dublin; and on the 11th of October, the Lord-Lieutenant (Ormond) came to Dublin, and on the 14th of October His Grace and the Council issued a Proclamation for all Officers and Soldiers to repair to their respective Garrisons and Quarters, and not to departed from thence without licence. And on the 16th of October there came out another Proclamation, requiring all Titular Archbishops, Bishops, Vicars-General, Abbots, and other Dign●aries of the Church of Rome, and all other exercising Ecclesiastical Jurisdiction by Authority from the Pope, as also all Jesuits, and other Regular Priests, to departed the Kingdom by the 20 th' of November; and that all Popish Societies, Convents, Seminaries, and Popish Schools, should dissolve and separate themselves, etc. And that they may have convenience of Transportation, all Ships outward-bound were, by Proclamation of the 6th of November, commanded to give timely notice of their departure, and to take on board such of the Popish Clergy as desired to go with them. And on the 2d of November the Papists were by Proclamation required to bring in their Arms by a certain day; which being expired, that the Justices, etc. should search for them; And that all Papists that had above one Pound of Powder, should send in an Account of their Store. On the 20 th' of November, a Proclamation issued, forbidding the Papists from coming into the Castle of Dublin, or any other Fort or Citadel; and ordering the Markets of Droghedagh, Wexford, Cork, Limerick, Waterford, Youghall, and Galloway, to be kept without the Walls; and that no Papists should be suffered to reside or dwell in any Garrison, except such as had been Inhabitants there by the space of twelve months before; and that the Papists should not meet in unusual Numbers, or at unreasonable times. And the same day issued another Proclamation, for a reward of 10 l. for every Commission'd Officer, 5 l. for every Trooper, and 4 s. for every Foot-Soldier, that can be discovered to have gone to Mass since he took the Oaths of Supremacy and Allegiance. And here it will be but Justice to the memory of the Duke of Ormond, to observe, That it was a constant Rule with him, ever since his coming to the Government in the year 1662. to order the Muster-Master to check the Pay of every Officer and Soldier that did not produce a Certificate of taking the Sacrament twice a year. On the 2d of December Circular Letters were sent to the Justices of Peace, to make a strict search after the Titular Bishops and Regular Clergy that did not transport themselves, according to the Proclamation of the 16th of October; and on the 12th of December a Proclamamation issued, to quicken the Justices of Peace in searching for Arms, etc. On the 13th of December issued a Proclamation, taking notice of a Letter scattered in the Streets of Dublin, intimating a Conspiracy against the Life of the Lord-Lieutenant, and promising Protection, and Reward of 200 l. to the Discoverer; and at length one Jepson, a young man newly perverted, and two Priests his Abettors, were taken, and imprisoned for the Fact. In the mean time, the Lord-Lieutenant took great care to revive the Militia, and to Discipline, Arm, and Array them. And on the 26 th' of March 1679. there issued a Proclamation to seize the nearest Relations of Tories, and to imprison them until such Tories are killed or taken; and to apprehend the Popish Priests of every Parish respectively, and transport them beyond Seas, unless within fourteen days after any Robbery or Murder committed, the Criminals be taken, killed, or discovered. And on the same day a Reward of 10 l. for taking a Jesuit, or Titular-Bishop, was promised by Proclamation. And not long afterwards the Lord-Lieutenant and Council, by their Letter, ordered the Popish Inhabitants to be removed from Galloway, Limerick, Waterford, Clonmell, Kilkenny, and Droghedagh, except some few Trading Merchants, Artificers, and others, necessary for the said Towns and Garrisons: and by virtue thereof, many were expelled; but by the stupidity of the Protestants, and at their request, and upon their Security, the Papists were readmitted into those Towns. Some time before this, there was a great blow given to Popery, by the Conversion of Dr. Andrew sal, a Learned and a Pious Man: He had been a Jesuit of the Fourth Vow, and in great esteem amongst that Party: He was afterwards made one of the King's Chaplains, and continued a good Protestant till his death. On the 3 d of April 1680. the Earl of Anglesey wrote to the Lord-Lieutenant, That Hetherington is sent over to Ireland, to make good his Information, if he can; and that it is His Majesty's absolute and unalterable pleasure (advised by all the Council) to have every individual of the Popish Clergy seized and imprisoned, till they petition to be sent over Seas, and promise never to return or practice against the State; for there is no other way to cure their Madness And that there are those in England that will undertake to apprehend them all. To which His Excellency on the 17 th' of April returned this Answer, That above a year ago two Proclamations did issue against the Popish Clergy, with promise of Rewards to those that should apprehend them; and that if any in England will undertake it, they shall have the promised Reward, and his Thanks besides: And that to tell him of the insolent Deportment and signal Perfidy of the Popish Clergy of Ireland, is to preach to him that there is pain in the Gout; and protests, That he would rather be rid of Them, than of that Disease. And, for his farther sense of them, refers to a Letter of his, printed near the end of P. W.'s Remonstrance. In May 1682. His Excellency went to England, leaving his Son, the Ear of Arran, Lord Deputy until his return, which happened in August 1684. On the 14th of March 1683. issued a Commission of Grace to the Chief Governor, Chancellor, High-Treasurer, Chancellor of the Exchequer, the three Chief Judges, Master of the Rolls, Secretary of State, the second Justice of the Kings-Bench, and the two Barons of the Exchequer, to grant His Majesty's Title to those that were in possession, and to grant Manors and other Privileges for a reasonable Fine, etc. and by virtue hereof, a Court, called the Court of Grace, sat at the King's-Inns, which at length dissolved by the death of the King, which happened on the 6th day of February 1684. As soon as the News of the King's death arrived at Dublin, the Duke of Ormond summoned the Council, and the next day they proclaimed King James II. great Solemnity; but with such dismal Countenances, and so much Concern, as if they had that day foreseen (as many did) the Infelicity and Misfortune of the following Reign. The Irish are generally a People that bear Adversity better than Prosperity: In Tribulation they have shown some Fortitude and Patience; but they never met with the Smiles of Fortune, without Transportation and Extacy; and upon this extraordinary occasion, they grew so extravagant and wild, that I dare ●ver, That the Irish in the short Reign of King James, did commit more Insolences on the English, than These did on Them in 500 years before. The Instances of this sort are innumberable, and the Circumstances almost incredible. It would be too tedious to enumerate the particular Batteries, Perjuries, Affronts, and Murders; and therefore I will confine myself to Generals: and of that sort was, The desertion of their Cabins by the Irish for several months together, under pretence of a fear of being murdered by the English; and this was done throughout the Kingdom, and in many Parishes where there were few or no English to be afraid of; and the design of all this was to get the English disarmed, and to usher in a practice which was as general, viz. Of impeaching the English for assembling together in the nighttime. And although the Perjuries in this Affair were so notorious, that the very Promoters of this Design were ashamed of it, yet near 3000 were indicted of this Offence, and for Treasonable Words, and the like, in one Vacation, and especially in the County of Tipperary; and if the Courage and Integrity of Sir John Mead had not stopped their Career there, the Consequence of this Trick had been fatal to the English of that County; and, as it was, it did them a great deal of harm. And in the County of Cork, Major Lawless, a waspish and inveterate Fellow, was the grand Prosecutor; but he having more Malice than Wit, managed the matter with such rashness and unbecoming vehemence, as exposed him to the Censure even of his own Party. And, besides a thousand other severities he did to the English, he caused Sir Emanuel Moor, Edward Rigs Esq and thirty-three Protestants more, to be indicted and tried for High-Treason, although he had nothing at all to say against the first, but that he was a Protestant; nor any more to object against the second, but that he should say, That he had a good Estate in England; and if he could not live quietly in Ireland, he would go thither. However, he was so furious in this matter, and so inhuman, that he kept one Henry Rice in close Prison six weeks in a Dungeon, and kept him waking a very long time, in hopes that Severity and Distraction might induce him to accuse the rest of his Acquaintance; and when he found they were all acquitted, even by a Jury whereof the Foreman was a Papist, he was enraged and troubled to the last degree, and died within a week afterwards. But on the last of March 1685. the Duke of Ormond came to London, leaving the Sword with the Lord Primate and the Earl of Granard, who were nominally Lords Justices; but the Power was in effect in the Earl of Tyrconnell, who was Lieutenant-General of the Army; and by his means the English Militia were not only deprived of their Arms, and by Proclamation ordered to send them into the Stores, but the English in the Army began also to be turned out, under the pretence of being Oliverians, or the Issue of such. But, 1678. not long after, the Protestants were revived by the arrival of the Earl of Clarendon, Lord Lieutenant, and Sir Charles Porter, Lord Chancellor; for though the Irish did everywhere give out, That they were both Papists, yet they soon became sensible of their error, and, to their great trouble, found that those Lords wanted no other Qualifications, but that of Power, to make the Protestant Religion and the English Interest flourish in Ireland: In short, they did all that wise and honest Men could do, and were too great a Blessing for that unfortunate Country to enjoy long; and therefore they were removed in February 1686. to make room for the Earl of Tyrconnell, who was then sworn Lord Deputy. For though this Lord, being Lieutenant-General, did, even in the Lord Clarendon's time, so model the Army, that most part of the English were disbanded; yet he met with so many rubs in That and Other of his Designs, that he despaired to accomplish his Project, or to satisfy his Ambition, unless he were Supreme in the Government. Tyrconnel having thus gotten the Sword of State into his hands, quickly turned the Edge of it upon the poor Protestants, who were amazed to see him act so openly in such a Despotical and Arbitrary manner; for some of his Agents not only disbanded most part of the remaining English, but insulted on their Misery, by doing it reproachfully; and added to their affliction, by turning them out far from their Friends and their Habitations, and took away the clothes of some, and the Horses and Arms of others, without giving them any proportionable recompense: And he also changed the Irish Soldiers so often, that though the Army did not consist of more than seven or eight thousand Men, yet five times that number (by these frequent Changes) were taught the use of their Arms; and by this means, he had a considerable Militia ready upon all occasions. Moreover he issued Quo Warantoes against all the Charters at once; and although that procedure did manifest to the World, that it was not the Fault of any one, or more Corporations, that was endeavoured to be punished or reformed; but that it was a fixed design to Subvert the Corporations, and consequently to Model the Parliament, and the Laws, to the Interest and Humour of the Papists; yet being Masters of standing Armies, both in England and Ireland, they thought themselves sure of their Game, and that it would be the more Generous and Brave, if they acted publicly, and as it were in defiance. And therefore they dissembled the Matter no longer, but appointed two Popish Judges in every Court, that they might be sure of a Majority upon all Occasions; they also appointed Popish High-Sheriffs throughout the Kingdom, and they put so many Papists into the Commission of Peace, the Privy-Council, and all Places of Authority, that they were able to Rule all, wherever they came. And as soon as the Charters were Condemned, there were new Ones granted for the most part to such inconsiderable and beggarly Fellows, as were unable to pay for them; so that many were left with the Attorney General in Pawn for his Fees; however, in all these Charters, they put in near one third English, most of which were Quakers, or other Dissenters, but at the same time took care to limit the Power, (and especially, that of choosing Parliament Men) so that the English (if unanimous) should not be able to give them any Impediment. But the English being the principal Traders, and the most Wealthy Men in Ireland; It must necessarily follow, that the removal of their Plate, and other Effects into England, and the general Decay of Trade that ensued, upon the Apprehensions they had of these Violent and Irregular Proceed, did diminish the Public Revenue to a degree of rendering it unable to support the Necessary Expenses of the Government; this indeed was a sensible Stroak, and would have changed all their Measures, if any thing less had been in the Bottom, than a fixed Resolution, to subvert the Established Religion, and to introduce Popery, and to make Ireland a secure Retreat for those, whose designs might perhaps miscarry in England. However these rapid Motions of Tyrconnel, made such a noise in England, as occasioned that Lord to be sent for over, to meet the King at Chester; the poor Protestants flattered themselves with hopes of some intervals of Moderation from this Interview; but they soon found the fatal Effects of this Conference, not only in the Continuation, but in the increase of their Grievances. And thus the Irish having to their Advantage in Number, gained also the whole Power, Military and Civil, into their Hands, thought themselves in a Condition, not only to secure Ireland, but also to send over considerable Assistance to carry on THE CAUSE in England; and accordingly, Tyrconel did send thither about 3000 of his choicest Men. This was the single Action that conduced most to the Preservation of these Kingdoms; all other things were but subservient thereunto, or at most but concurrent with it; for whilst other Grievances did but disoblige a certain Number, or a Party; the bringing in of the Irish alarmed every Body, and especially the Army; so that his Present Majesty Landing not long after, met with such easy and speedy Success, as amazed the present, and will be the Wonder of future Ages. Moreover, to complete the aforesaid Number of 3000 Men, Tyrconel did very improvidently withdraw the Garrison of Londonderry, without sending another in its stead, as not suspecting the sudden Revolution, which afterwards happened, nor thinking that Derry would dare to refuse a Garrison, whenever he should think fit to send them one. But it was not long before he saw his Error; and having Recruited his Forces, he sent a new-raised Regiment, under the Earl of Antrim, to possess themselves of the City of Derry. This Regiment Quartering in and about Newton, on the 6th of December, Colonel George Philip's sent one James Boil to give notice thereof to Londonderry, and to advise them to shut their Gates, and accordingly they did so, and refused Entrance to this Regiment on the 7 th' of December. On the 9 th', Colonel Philip's put himself into Derry, and on the 10 th', was by the People chosen Governor thereof; and on the 11 th', the City, sent away Councillor cairn's, as their Agent into England. But Alarms every day increasing of the Irish designs to Massacre them, the Country stocked into Derry; and on the 15 th' of December, the Governor drew up a Declaration, to which they all consented. In the mean time, Tyrconnel knowing the Lord Mountjoy's Interest in that Country, sent him down to try if he could be admitted to Garrison the Town; and upon Capitulations and Articles, concluded the 21st of December, he was permitted to put in five Companies of Protestants into the City, under Colonel ●undy. I should have mentioned, that there was a currant Report spread abroad, and generally believed, That the Irish designed a Massacre on the 9 th' of December; this was the true reason of shutting Derry-gates, and of making an Association in the Counties of Down and Antrim. There were but two Regiments, viz. the Lord of Antrim's, and Sir Thomas Newcomen's in those two Counties, so that it had been easy to have Surprised them, and the design was laid to that purpose; but some of the Conspirators were too Cautious, and so it miscarried. In the mean time, the Lord Tyrconnel was openly raising some Men, and secretly Listing more; and having notice of his Master's Disaster in England, resolved to do his Endeavour to preserve Ireland for him; but he so cunningly dissembled his design, that he persuaded the Lord Mountjoy to be Colleague to the Lord Chief Baron Rice, in a pretended Embassy to King James, to beg his leave to surrender the Kingdom, since it was impossible to keep it. And it is said, he promised solemnly to the Lord Mountjoy, that he would raise no more Forces, nor innovate any thing in his Absence. But Rice had other Instructions; so that the Lord Mountjoy was not only treacherously secured in France, and thrown into the Bastile; but also his Friends were basely used in Ireland; and the Lord Deputy, as soon as the Lord Mountjoy was gone, gave out Commissions to every Body that would undertake to Subsist their Men for three Months. In the mean time, the Irish in the Country's least inhabited by English, and particularly in the West part of the County of Cork, began immediately after Christmas to Rob and Plunder openly; whereupon many then alive, who remembered that the Irish began the Rellellion of 1641. in that manner, were frighted themselves, and alarmed others, so that they flocked into the Walled Towns in Crowds; nor did those that had the Courage to keep their Houses, far any better, for the Irish being now grown Lawless, set no Bounds to their Insolence; but in great Numbers, with a Piper before them▪ Robbed the English of all their Stock at Noonday, and before their Faces; it was to no purpose to complain, for though the Injured Party might get good Words, 'tis certain, none of them got any Remedy; and this was the Case, and the English were generally plundered before they made the least Resistance in the Province of Munster. But on the 25 th' day of February, The People of Bandon had notice that the Earl of Clancarty was marching with six Companies to reinforce the Troop of Horse, and two Companies of Foot, that were then in Garrison there; whereupon they took an immediate Resolution to Disarm the Garrison, which they bravely performed with the Slaughter of eight Irishmen, and took all their Horses and Arms, and would certainly have done great things suitable to their Ancient Reputation; if they could have got Ammunition, and other Necessaries, and any reasonable Assistance; but that very Night the Citizens of Cork were disarmed, and the next day Castlemartyr was taken; and so having no hopes of Succour, they nevertheless generously refused to deliver up any of their Leaders, and at last, purchased their Pardon for 1000 l. And thus Matters stood, when King James Landed at Kingsale on the 12 th' of March, from whence he marched to Dublin, and immediately sent down his Army into the North, where he met with little Obstruction, until it came before Londonderry; the Siege of which Place, will in after Ages be more renowned than those of Ostend, or Candy, because all the necessaries for Defence were infinitely less, and yet the Success was very much greater; but it is altogether unnecessary to trouble you with the Relation of that Siege, or the famous Actions of the brave Inniskilling Men, because they are already Printed at large, in the respective Narratives of those Matters, to which I refer you, and remain, SIR, Your Humble Servant, H. R. Appendix I. AN EXTRACT OF A LETTER FROM THE City of Cork TO THE Lord-Deputy of Ireland, ANNO 1603. THAT the Commissioners had by Directions charged them, to suffer His Majesty's Ministers to pass through their Ports with Eight and Forty Barrels of Powder and Lead, and Match proportionable to be brought from His Majesty's Store in that City to the Fort of Halebolyn, and that in regard they wondered so great a Proportion should be carried to the Fort, where no Artillery was yet planted, especially the Quantities formerly issued being not yet spent nor any Service being in hand, they fearing the Commssioners purposed to assault the Town or at least to starve them, were enforced thereby to make stay of the said Munition till his Lordship's Pleasure were further known, renewing their Suit to have the Custody of the Fort committed to the Corporation. That they did all they could to cause the mixed Money of the new Standard to pass currant, but it was with such Grief and Loss to the poor Town, as they hoped his Lordship would be a means to his Majesty for altering the same; That they had received Rebuke from his Lordship concerning certain. Insolences, but could not call to mind any particular wherein they had offended the State, except that be an Offence, after many Abuses and Wrongs done them, to keep Watch and Ward to preserve themselves, and keep the City for the King's Majesty, in those doubtful times (as they termed them.) That touching the point of Religion, they only exercised now publicly that which ever before they had ●●en suffered to exercise privately. And as their Public Prayers gave Public Testimony of their Faithful Hearts to the King's Royal Majesty, so they were tied to be no less careful to manifest their duties to Almighty God, in which they would never be Dissembling Temporisers. Appendix II. The Examination of Owen O Conally, the Descoverer of the Irish Rebellion. WHo being duly Sworn and Examined saith, That he being at Monimore in the County of Londonderry, on Tuesday last he received a Letter from Colonel Hugh Oge Mac Mahon, desiring him to come to Connaught, in the County of Monaghan, and to be with him on Wednesday or Thursday last; whereupon he this Examinant came to Connaught on Wednesday night last, and finding the said Hugh come to Dublin, followed him thither; he came hither about Six of the Clock this Evening, and forthwith went to the Lodging of the said Hugh, to the House near the Boot in Oxmantown, and there he found the said Hugh, and came with the said Hugh into the Town near the Pillory, to the Lodging of the Lord Mac-Guire, where they found not the Lord within, and there they drank a Cup of Beer, and then went back again to the said Hugh's Lodging. He saith, that at the Lord Macguire's Lodging, the said Hugh told him, that there were and would be this Night great Numbers of Noblemen and Gentlemen of the Irish Papists, from all parts of the Kingdom, in this Town, who with himself had determined to take the Castle of Dublin, and to possess themselves of all his Majesty's Ammunition there, to Morrow Morning, being Saturday; and that they intended first to Batter the Chimneys of the said Town, and if the Citizens would not yield, then to Batter down the Houses, and so to cut off all the Protestants that would not join with them. He further saith, That he the said Hugh told him, that the Irish had prepared men in all parts of the Kingdom, to destroy all the English Inhabiting there to Morrow Morning by Ten of the Clock; and that in all the Seaports and other Towns in the Kingdom, all the Protestants should be killed that night, and that all the Posts that could be, could not prevent it. And farther saith, That he moved the said Hugh to forbear executing of that business, and to discover it to the State, for saving of his own Estate; who said he could not help it, but said, that they did owe their Allegiance to the King, and would pay him all his Rights: But that they did this for the Tyrannical Government that was over them, and to imitate Scotland▪ who had got a Privilege by that course. And he further saith, that when he was with the said Hugh in his Lodging, the said Hugh swore that he should not go out of his Lodging that Night, but told him he should go with him the next Morning to the Castle; and said, if this matter were discovered, somebody should die for it. Whereupon this Examinant feigned some necessity for his Easement, went down out of the Chamber, and left his Sword in Pawn, and the said Hugh sent his Man down with him; and when this Examinant came down into the Yard, and finding an opportunity, he this Examinant leapt over a Wall and Two Pales, and so came to the Lord Justice Parsons. October 22. 1641. Owen O Conally. William Parsons. Thomas Rotheram. Robert Meredith. Appendix III. A Copy of a Letter directed to the Lord Viscount Costilough, from the Rebels of the County of Longford in Ireland, which he presented to the State in their behalf, Nou. 10. 1641. Our very Good Lord, OUr Alliance unto your Lordship's Ancestors and yourself, and the trial of your and their performance of Trust unto their Friends in their greatest Adversity, encourageth us, and engageth your Honour to our fruition of your future Favours; the fixion of our confidence in you, before any of the Peers and Privy Counsellors of the Kingdom, doubleth this obligation. Your Lordship may therefore be pleased to acquaint the Lords, Justices, and Council (to be imparted unto his Sacred Majesty,) with our Grievances and the causes thereof; the Reading of which we most humbly pray, and the Manner of it. First, The Papists in the Neighbouring Counties are severely Punished, and their Miseries might serve as Beacons unto us to look unto our own, when our Neighbours Houses are on Fire: And we and other Papists, are and ever will be as Loyal Subjects as any in the King's Dominions; for manifestation whereof, we send herein enclosed an Oath, solemnly taken by us, which as it received indelible impression in our Hearts, shall be Signed with our Hand, and Sealed with our Blood. Secondly, There is an Incapacity in the Papists, of Honour, and the Immunities of true Subjects, the Royal marks of Distributive Justice, and a disfavour in the Commutative, which raised Strangers and Foreigners above those whose Valour and Virtue was Invincible, when the old Families of the English, and the major part of us the mere Irish did Swim in Blood, to serve the Crown of England; and when Offices should call Men of Worth, Men without Worth and Merit obtain them. Thirdly, The Statute of 2 Eliz. of force in this Kingdom against us, and they of our Religion, doth not a little disanimate us and the rest. Fourthly, The avoidance of Grants of our Lands and Liberties, by Quirks and Quiddities of the Law, without reflecting upon the King's Royal and real intention for confirming our Estates, his Broad Seal being the Pawn betwixt his Majesty and his People. Fifthly, The Restraint of Purchase in the mere Irish, of Lands in the Escheated Counties, and the taint and blemish of them and their Posterities, doth more discontent them, than that Plantation Rule; for they are brought to that Exigent of Poverty in these late times, that they must be Sellers and not Buyers of Land. And we conceive and humbly offer to your Lordship's consideration (principiis obsta,) that in the beginning of this Commotion, your Lordship (as it is Hereditary for you) will be a Physician to cure this Disease in us, and by our examples, it will doubtless beget the like auspicious success in all other parts of the Kingdom; for we are of opinion it is one Sickness, and one Pharmach will suffice, Sublata causa tollitur effectus; and it will be recorded, that you will do Service unto God, King and Country, and for salving every the aforesaid Sores, your Lordship is to be an humble Suitor in our behalf, and of the rest of the Papists that out of the abundance of his Majesty's Clemency, there may be an Act of Oblivion and general Pardon without Restitution, or account of Goods taken in the time of this Commotion, a Liberty of our Religion, a Repeal of all Statutes formerly made to the contrary, and not by Proclamation, but Parliamentary way, a Charter-free Denizen in ample manner for mere Irish; all which in succeeding Ages, will prove an Union to all his Majesty's Dominions instead of Division, a Comfort in Desolation, and a Happiness in perpetuity for an imminent Calamity. And this being granted, there will be all things, Quae sunt Caesaris Caesari, and quae sunt Dei Deo; and it was by the Poet written, (though he be profane in other matters, yet in this Prophetically,) Divisum Imperium cum Jove, Caesar habet: All which for this present, we leave to your Honourable care; and we will as we ever did, and do remain, Your very humble and assured, ever to be Commanded, Hugh mac Gillernow Farral. James Farral. Bryan Farral. Readagh Farral. Edmond mac Cael Farral. John Farral in Carbuy. Garret Farrel. Lisagh mac Conel Farral. Bryan mac William Farral. John mac Edmond Farral. John Farral. Roger mac Bryne Farral. Barnaby Farral. James mac Teig Faral, his Mark. Morgan mac Carbry Farral. Donough mac Carbry Farral. Richard mac Conel Farral. William mac James Farral. James Farral. Taghna mac Rory Farral. Cormack mac Rory Farral. Conock mac Bryne Farral. Readagh mac Lisagh Farral. Connor oge mac Connor Farral. Edmond mac Connor Farral. Cahel mac Bryne Farral. Appendix IU. A Letter from the Lords, Justices and Council, to King Charles the First, to prevent a Peace with the Irish. May it please your Most Excellent Majesty, WE your Majesty's Justices, on the 30 th'. of January last, Received your Majesty's Letter of the 11 th'. of the same; We being then in Council at this Board, which Letters we then immediately communicated to the Council, as we always do, in all matters of Importance concerning your Majesty's Affairs here. By those Letters, your Majesty declared, that you had sent a Commission to our very good Lord, the Lord Marquess of Ormond and others, Authorising them to receive in Writing, what the Petitioners Catholics of Ireland mentioned in those Letters, would say or propound, and to return the same to your Majesty: And by the same Letters your Majesty Commanded us your Justices, to give those Commissioners our best assistance and furtherance, as there shall be occasion; wherein (as in all things else we have always done, and shall ever do) we shall most readily obey your Majesty's Royal Commands, with all humble Duty and Submission, having nothing more in our Care and Endeavours in these perplexed times, than to advance your Service, and to preserve your Sovereign Rights and Interests here, where so dangerous Attempts have of late been made against them, by so Aniversal a Conspiracy of the Papists of this Kingdom, We do with much Joy of heart Comfort ourselves, to see your Majesty's gracious inclination, to hear your Subjects whatsoever they be in themselves; and as therein we behold your goodness, so we, to whose Care and Circumspection your Majesty hath committed the great Trust of this your Kingdom, cannot but esteem it a great breach of Duty and Faith in us, to be silent in such things as may give light in this important business, and which cannot come to your Majesty's knowledge but by your Ministers. These Petitioners do affirm, That they had recourse to Arms for Preservation of your Royal Rights and Prerogatives; which if it were true, we should be subject to the full Tax of Treachery, if we should not with all Zeal and hearty Affection have joined with them; And if that had been the true ground of their entering into quarrel with us, it should cost little Money or Blood to the Kingdom of England to reconcile us. They well know, that before this Rebellion, in the Parliament held here, and formerly we opposed them several times, where we found them vehemently labour to abridge those Prerogatives and ancient Rights of the Crown here, and to derogate from your Royal Authority in many Parts thereof, as by particulars will appear. But we must upon full observation of their Courses and Actions since the First breaking out of this unnatural Rebellion unfeignedly affirm, That they do but take up this for an excuse of their most odious breach of Faith and Duty to your Most Sacred Majesty, their inward intent being, as since hath appeared, to deprive your Majesty of all those Prerogatives they spoke of, and even of your Crown and Kingdom; resolving also to destroy and extirpate out of this Island, as well the true Protestant Religion, as also your Majesty's most Loyal British Subjects, whom they hate chief, because they Religiously love your Majesty and your Children, and in that love were such leaders of them in all their late seeming Acts of Bounty and Duty towards your Majesty, as without shameful bewraying their evil hearts, they could not shun the same; whereat they often shown much reluctancy, as appeared in reducing the subsidies and other things. In Ulster, where the Rebellion first broke forth, it is testified upon Oath by a Gentleman that was a Prisoner amongst the Rebels, that he heard one of the Rebels, a man of Note amongst them say, That if he had your Majesty where he than spoke, that he would flay you quick, but they would have the Kingdom and their will of you. Others there said, that they had a King of their own in Ireland: Others said, that they would have an Irish King, and regarded not King Charles the King of England: Others, that they had a new King and had Commission from him for what they did: Others, that Sir Phelim O Neal should be their King, and that they would give a great sum of Money to have King Charles his Head; these Speeches were uttered in several Counties, in that Province, and by several Parties; also those in Ulster devised false Prophecies, and dispersed and published them, and amongst others things so devised by them, one Prophecy is said to be, that Tyrone or Sir Phelim O Neal should drive your Majesty with your whole Posterity out of England, and that You and your Posterity shall be hereafter, Profugi in terra aliena in aeternum, to which Phelim O Neal Regal Attributes have been given by some of the Rebels, and he hath written in a Regal Style, and did Seal Letters with a Seal whereon there was a Regal Crown, which we have seen. When the Rebellious Lords and Gentry of the Pale and Leinster, and after them those of Munster and Conaugh, and the Irish in Leinster risen in Rebellion, who appeared not in Arms until those in the Pale brake out; those in the Pale declared to Assault your Majesty's Castle and City of Dublin, where reside your Officers of State, and where are the Ensigns and Ornaments of your Royal Authority and Sovereignty here, and all the Records of your Revenues and Interest, which they purposed to Seize, and by holding that Place, to take away the means for arrival of English here, other than by main force; to which intent they Assembled in great numbers near this City within two or three Miles round about it; having then also strongly Besieged your Majesty's Port Town of Droghe da as a step to the gaining of this City, presuming all this while that no succour should come out of England; and all this done not only by the barbarous Rebels of Ulster, but also by the degenerate ungrateful Lords and Gentry of the Pale; and when (by God's blessing and your Majesty's tender care of the remanant of your poor People left yet undestroyed, in sending Forces hither) we were enabled by your Majesty's Forces to beat off those Multitudes, and to raise the Siege of Drogheda, then as well the Old English as the Irish, all Papists and now Rebels which drew themselves farther off; and finding that they had not so ready a way to rend the Kingdom out of your Majesty's hands, as they at first supposed, they then found it necessary to fall to new Consultations, how yet to bring their wicked ends and contrivances to full effect, making the Seats of their Assembly at the City of Kilkenny, there with full advice of their Titular Clergy and Popish Lawyers, Without any Authority derived from your Majesty, they call a Parliament, which being Assembled, they turned into a National Assembly utterly strange to the Laws of England and Ireland, and to your Majesty's Royal Prerogative, which they falsely pretend to maintain; there they Enacted, That no other Temporal Government or Jurisdiction shall be Assumed, Kept or Exercised in this Kingdom, save what shall be approved by the General Assembly, or Supreme Council. There they set up a new Form of Government, utterly opposite to the Laws of England and Ireland, and your Royal Authority; Ordering a Council for Governing in each County, a Council in each Province, and a Council for the Kingdom by the Name of The Supreme Council of the Confederate Catholics, to be held at Kilkenny or elsewhere they appoint. These Councils are to be the ordinary Judicatories, to hear and determine all Causes, as well touching Life and Member as amply as your Majesty's Judges of Oyer and Terminer, and Goal-delivery could do; and accordingly they give Judgement of Death, by Votes against your British Subjects, whom otherwise also they Hang and Execute by Warrants of their Commanders and others, without Process or other proceed; as also to Hear and Determine all Causes for Goods, Chattels and Interests, and to establish Rents and Possessions as if a right of Conquest were already vested in them; And they Ordain, that all Persons of all professions and degrees shall obey their Orders; there they establish the Romish Clergy in all the Possessions of the Church throughout the Kingdom, and appoint an Oath of Association to be taken in all the Parishes of the Realm; there they form Armies and Commanders of all sorts to resist your Majesty's Forces, and if they may, to perfect their intended Conquest of this your Kingdom. They appoint Sheriffs, Coroners, Constables, and other Officers in each County, to execute their Orders; they in some parts have caused their Captains, Officers and others, to take Oath before their Titular Clergy, that they shall not suffer any English or Protestant to live in this Kingdom, or bear any Office, no not so much as a petty Constable; they by their Popish Clergy solicited with all industry and travel, powerful Aids from Foreign parts to Assist them in this Conquest, whereby they seem to disclaim all dependence on your Majesty, either for Favour or Justice. They did set up the Spanish Colours publicly at Wexford amongst the Old English (but Papists,) and Captain Ashly, as we are credibly informed, did testify that they had done the like at Gallaway: They by the crafty delusion of the Popish Clergy, and the contracted hatred of the Papists against the British and Protestants, had got into their Possession the most part of the Sea Ports, out of which they have murdered or expulsed the English and Protestants, which Ports they use as Inlets to all their foreign Supplies, having also devised to have Admirals and other Officers at Sea, to the End to become Masters of these Seas, to your Majesty's disherison and prejudice. Whether these Expressions and Actions being but a few gathered out of many which we know of them, either considered in the barbarous Irish, or your better educated Old English, or both, be natural Streams issuing from a Fountain of real Intention, to preserve and maintain your Royal Rights and Prerogative, we submit to any equal Judgement. In their Petition they say, that their Adversaries have misrepresented their Addresses to your Majesty; your Majesty may be pleased to remember that we certified thither, that their Petition came not hither till the Seventh of August last, which we soon after sent thither, they having spent all the preceding Winter, and the then succeeding Summer in their Courses of Rebellion, whilst they had hopes all that time by force to carry the Cause, never in all that time making Application in that Nature either to your Majesty's Army, or your Majesty's Ministers, that we could hear of, until they found your Majesty's Forces so to spread and prevail against them, as put them in great fear; then they betook themselves to the way of Petition, having formerly most contemptibly despised and disobeyed your Majesty's Proclamation under your own Royal Signature, and Privy signet, commanding them to lay down Arms; then presuming by the Old Irish shift of feigned Profession of Subjection, to abuse your Majesty's boundless Mercy as their Ancestors had done the Royal Clemency of many of your famous Predecessors in several Ages, to the continual Disquiet, fruitless Expense, and as it fell out, dishonour of themselves and their Subjects of England, whereof Records and Histories are full: And as to their Addresses by Read, than a Rebel with them, it is most fraudulently alleged; for although it be true that in December, 1641. a few of the Rebellious Noblemen and Gentry of the Pale framed a Petition, and delivered it to Read, seeming to intent to send him away with it to your Majesty, yet he tarried with them unsent until March after; at which Time after the Siege of Drogheda raised, and that he could no longer live in those parts, he rendered himself to the Lord Marquis of Ormond in the Field, not coming as a Messenger from them in any such kind, and in his Examination he declares, that after he had received that Petition, he demanded of them several Times when he should be sent away, to which they only answered, there would be time enough for that, they then making account to carry all before them by strength of Arms. And as to their Charge against their Adversaries, if thereby they mean us, we do unanimously and in all Truth deny ourselves to be their Adversaries, farther than they are so to your Majesty, your Crown and Royal Estate, as they are, of which their present Condition, we are so well assured, as we cannot without base Disloyalty show ourselves to them in that behalf other than Adversaries; and it cannot be justified or made appear, that ever we or any of us have had Contentions with, or heart burning against any of them in respect of any our private Interest or Intercourse, but have always treated them before this Rebellion as our Friends, and your Majesty's Loyal Subjects as we then took them to be. And where they asperse those Adversaries with the Crime of Blood, committed on their Wives and Children; We cannot deny but that in the Course of the War forced by them upon us for our own necessary Defence, and for the Preservation of this your State and Kingdom, some of their Blood hath been shed by your Majesty's Army in Fights with them, which we wish they had drawn upon themselves; but if they look back upon their own Beginning, and proceeding in this horrid Rebellion, they shall find themselves heavily loaden with the crying Gild of the innocent Blood, they most barbarously in time of open and settled Peace without any Provocation or Offence given, falling with armed Force upon the unarmed and harmless British and Protestants; Murdering, hanging, drawing, burying alive, and starving them Men, Women and Children of all Ages and Conditions, to the Number of 154000. before the End of March last, as is testified, was acknowledged by their Priests appointed to collect their Numbers, besides many thousand others since that Time so used in all Parts of the Kingdom. Sometimes they profess they took up Arms to exalt and establish the Romish Catholic Religion throughout this Kingdom, and they have taken a Public and Universal Oath to maintain and defend the public Exercise thereof; but in this particular, as in that of Prerogative, we crave leave to affirm that we well know, and their Actions and Infidelity do abundantly demonstrate that many of them, especially the Irish, have little sense or inward Touch of Religion, other than what is pressed upon them by their Traitorous Clergy for their Pride and Avarice, and the sottish Superstition of their Women; and that those Irish assumed this only, as another Cover for their bloody and most unchristian Execution of their ancient and never ceasing hatred to the Kings of England, and the English Nation; which doth now, and hath heretofore in all Ages undeniably appeared in their many furious Insults and Murders upon their Persons, and Devastation of the Possessions of the English ever since their first Entrance into this Kingdom: Even in the several Ages when no difference was between the two Nations in matters of Religion. In the Conjuncture of Affairs here in these Times, we may not in Duty to your Royal Throne, and in the Trust of your Affairs laid upon us, forbear to let your Majesty know what divers Apprehensions seem to be entertained in the mind of this People. On the one side the Papists here with us, and the Papist Rebels do with great Boldness and Alacrity give out that they shall have present Peace; in that Peace they presume shall be wound up all the bloody Massacres and fearful Destruction committed on the Persons and Estates of the British and Protestants, having now extirpated or banished them, which was part of their Work intended, and demolished their costly Houses and Buildings throughout the whole Kingdom, except the Persons, and but the Persons only, of a few which we have in Oarrisons and Forts, their intent being to become sole Masters of the Kingdom; and they farther adjudge, that they have gained so strong a Bar of Terror against any coming of New English hither, or their inhabiting amongst them, as if those Rebels (in the Strength and Numbers they now stand) may gain Liberty and Freedom of Estates and Security of their Persons, they shall hold themselves for ever freed from the Cohabitation of English, or the Subjection to any English Government, which (whatsoever in their frantic Apprehensions they now imagine,) would soon make them a slavish, distracted, miserable People, as did well appear in the late former Age; before which by their continual Assaults on the English in several Kings Reigns, and their struggling to expel them, they almost got all into their own hands; in which Times the few old English Colonies were driven almost Night and Day with their Swords in their hands, to peserve their Lives and small Livelihood. On the other side, the little Remnant of Protestants are strucken into such Astonishment, at these Presumptions of the other party, and the foresight of their own Destruction, if your Majesty's Armies be suddenly laid down, as they began to despair of Safety ever to be had here, and are therefore ready to forsake the Kingdom, and then the Kingdom being left wholly to Irish, and so bloody malicious Papists as the Rebels now are, it will be very questionable how your Majesty and your Kingdom of England can have safety by them, they having boasted that after this Conquest they will invade England; and it will be as questionable how England can make a New Conquest without more Charge and Danger than this Kingdom is worth, this Kingdom now being in far other case for Towns, Forts, Ordinances, and Places of Strength, and Men trained to Wars, than in the Times of any former Conquest of this Kingdom. The English do fear, that if Peace should now be treated of here, it would give a stop of farther Supplies of Men, Munition, Arms or Victuals to be sent hither, which the Rebels have long threatened against us, and so the Stores being kept weak here, the Rebels would not doubt speedily to bring the Protestants into their merciless Power, and fall upon them to the full Execution of their former Intendments. They consider also (besides what they know of former Ages,) that seeing the Papists and Irish before the Rebellion, could not abide to see the English dwell by them, and under them, when there was full amity and agreement between them, all manner of Obligations of Affinity, Consanguinity, Marriage, Friendly Society and Commerce; no Oppression, Injury or Offence offered to any of them; Rents of their Land, and all other Profits of the Kingdom, raised far higher than in any former Age, by the Husbandry and Industry of the English: Now after so great encouragement on both sides, and so great rancour and malice raised between them by the acts of Cruelty and Violence on all Parties, the British and Protestants stand most assured to be devoured by the Irish, if they shall stand in strength and numb●● they now do, when the English shall offer to disperse and inhab●●● among them in the way of Peace. Besides, if Arms could now be safely laid down on both sides, and if then the English should adventure to disperse themselves among them, though no other violence should be offered them, they would be destroyed by very Stealths and Robberies, their Remedy being only by Trial of Juries, all Irish, who by Positions of Law lately broached by Popish Lawyers upon their Queries a little before this Rebellion, are not as formerly to be questioned for false Verdicts. They consider likewise, that the Irish now combined in this Rebellion, are a Slothful People, naturally inclined to Spoil, Ravage, Stealth and Oppression, bred in no Trades, Manufactures, or other civil Industry to live by in Peace, wherein they never did, nor can endure long to continue, naturally loving a Savage and Unbridled course of Life; though in these last Thirty Years, God blessed your most Renowned Father, and your Royal Majesty with a more settled Peace here, than had been seen in Ireland for above Two Hundred Years before; whereby it is evident, that if they were suffered to live alone here, they would not, nor ever could raise any considerable Revenue to their Prince, their Nature being to live ever in Blood and Contention one with another, as they always were before the late Peace and settled English Government among them. And it is observable; that the English now see, that the more Civility or Civil Education these Irish Rebels obtained by the care and pious inspection of the late English Governors (which they did to recover and reclaim them) the more dangerous Enemies they now found them; and the more the English did Enrich, Countenance and Favour those Rebels, the more Scornful, Ungrateful, and Mortal Enemies they have shown themselves unto those their Benefactors. They consider farther, and now find by dear experience, that the Towns and Corporations all consisting of Papists, though for the most part old English, except Three of Four Towns lately Planted, which are Protestants, are apt upon every Inferrection against the English, to run with the Country; and hereby they will be able on the sudden to overwhelm them in lesser Numbers, either in Town or Country, so as the English can expect no refuge. They consider farther, that the Irish being Masters of the Body of that Kingdom, Armed in great numbers for War, and full of Malice, and now far too Hauglity and Insolent to submit to such terms of Peace as may be safe for England, or honourable for so Just and Pious a King as your Majesty; and that if the Blood of Peace so unmeasurably shed by the Rebels, who have now Enriched themselves by the Spoils of the British, should be wiped out in a feigned Submission, it would embolden them and their Postevity hereafter upon all occasions to attempt the like again for their Advantage, making the English but Slaves to gather Substance to satiate their cruel Malice and Lust, whensoever they find themselves in case to Surprise them as they have done in several Ages. They remember that in the best of former times, the Irish did so exceed in number, as that the Governors never could or durst fully execute the Laws for true Reformation, for fear of Disturbance, having some hope always by civil and fai● entreaty to win them into a Civil and Peaceable Life; as if Peace should now be granted them before the Sword of Fam●●●●ave so abated them in number, as that in reasonable time English Colonies might overtop them, and and so perhaps frame the reside Into English Manners, and Civil course of Life, by Trades or other good Industry, to take comfort in a quiet Life, the English do plainly foresee it can never be safe for them to cohabit with them, secure for England to enjoy them, or likely that themselves (separate from the English.) can ever digest into a People good to themselves, or profitable to their King and Country. We hope it will not be conceived out of what we have here written, that we are Enemies to Peace; nay we do from our hearts desire Peace, and do pray the Eternal God of Peace, to grant it to your Majesty in all your Dominions, as the greatest Blessing on Earth that can be bestowed on the Sons of Men, and we shall in due time, with all our Power, Skill and Industry (under the Prudent Conduct and Direction of your Majesty,) endeavour to fix it here; but we humbly crave leave to affirm, that the settlement of it in this Kingdom, will be of a different consideration from the rest of your Dominions, if we observe the present State of these Rebels, the temperature and natural inclination of the Irish, their Ancestors former deportment to the English in all Ages, their ancient and unchanged Resolution to expulse them by Force or Fraud, and their obdurate wilfulness to set up and maintain Popery here, without permitting the Protestant Religion; and although by a present Peace, if the Rebels would consent to it, we for our parts might hope to gain a breathing time, and perhaps for some years a little profit out of our poor Estates here; yet we are not so vile as to value any thing that shall concern our own particular, when it may not consist with the due care which we ought, and ever shall have of your Majesty's Honour and Safety, and the future safety and happiness of your Posterity and this your Kingdom: And howsoever it be true, that all the peril and damage we undergo, and all the Arms we desire to have used and borne here, is but by God's Blessing, to bring on a safe and lasting Peace, yet we can no way apprehend, that it can be so done, till the Sword have abated these Rebels in Number and Power, yet not to the utter extirpation of the Nation, which is far from our thoughts, (though some to render us the more odious, report so of us,) but to the Levelling of the Rebels, so as they may fully know it is not their strength and Obstinacy, but your own gracious Mercy and Indulgence that can make you show your Princely love to Peace, and which shall also put these Irish Rebels into such a Case, as not so easily as now to relapse into their ever affected Commotions and Prosecution of their continued purpose to extirpate the English, and shall also give your Majesty more liberty of Judgement, who are fit objects of your Mercy or Justice to be applied, as in your high wisdom you shall find cause. We confess we are at this time in a very terrible want of means to support a War, as we often and lately to the full declared thither, whence only we must expect reinforcement; and we foresee, that unless Supplies of Money, Munition, Arms, clothes and other Habiliments of War be speedily sent us, we have little hope to escape utter destruction, and loss of the Kingdom; yet seeing the cause of God, and the perpetual safety of your Majesty, your Prosperity and your Dominions under God's Providence is the matter and ground of our so deep engagement, and having had hitherto such experience of God's mighty Sustentation, we cannot despair of his goodness, in granting us even some expected aid. And being now at a very low ebb through these wants, yet having a wonderful comfort in the alacrity and constant courage of our Men of War, amidst their exrteam Sufferings, we dare say in the confidence of Faithful Subjects and Servants to your Majesty, that if those Supplies can in any time come unto us, we shall be able by God's guidance to overcome and avenge the wickedness of these Unjust and Disloyal attempts against your Sacred Majesty and your good People, and so find a way to that Peace which may befit the greatness and Wisdom of your Majesty to grant, and which we hearty long for, being at this time pressed with as much calamity as Men can bear, yet not able in our Judgements to perceive, that a present Peace can free us and the Protestants here from a certain, though perhaps a Linger Ruin, and the dangerous consequences thereof. And we in like manner affirm, that nothing under God, could have brought us to this, hard Condition, or subjected your Majesty's affairs here, to the hazard they now stand in, but the unexpected failing of Privisions timely ministered unto us, without which, we always signified thither, that this Kingdom could not be sustained out of any subsistence here. These things, most Dread Sovereign, are of so great and important consideration towards securing the future Peace and Safety of your Sacred Majesty, your Royal Posterity, your Kingdoms and good Subjects, as we could not without breach of Faith and Loyalty to your Majesty, forbear thus truly and plainly to represent them; and howsoever the Rebels are pleased unjustly to traduce and calumniate us and our proceed without any cause given on our parts, other than our Faithfulness to you our most Dear and Gracious Lord and Master, (which Reproaches from them we are content for your sake to bear, as we are ready to Sacrifice our Lives for you.) Yet we humbly beseech your Majesty, to give us leave with the freedom of Faithful Servants, to affirm to your Majesty in the presence of God (to whom, and to your Majesty we are accountable for uprightness in all our Councils and Actions,) that we fall upon no Expressions herein out of any hatred to the Persons of them or any of them, or out of any sinister ends of advantage to ourselves, but only out of necessary duty to God and to your Majesty, for whom we hope God hath reserved the high honour of that great work of full settlement and reformation of this your Kingdom, to which none of your Royal Ancestors could attain; although your Royal Father King James of Blessed memory, made a fair entrance towards it, by a sweet and peaceable way, which glorious beginning of his, the Rebels have quite overturned and defaced. And now having clearly and in zealous duty laid open our hearts to your Royal Majesty, we in all humility submit and entirely depend on your Majesty's Commands, whether for Peace or War, and shall with all fervency employ our Bodies and Minds to execute whatsoever you shall in your high Wisdom prescribe, humbly beseeching the Almighty Guider of all Humane Councils, to grant you his Divine Assistance from the Wisdom which is ever about his Throne. And so we humbly remain, from your Majesty's Castle of Dublin, the 16th day of March, 1642. Your Majesty's most Loyal, and most Faithful Subjects and Servants, William Parsons. Jo. Borlace. La. Dublin. Cham Lambart. Ad. Loftus. Goe Shurley. Ger. Lowther. J. Temple. Tho. Rotheram. Rob. Meredith. Appendix V An Abridgement of the Irish Remonstrance of Grievances. THAT they being necessitated to take Arms for the Preservation of their Religion, the Maintenance of His Majesty's Rights and Prerogatives, the natural and just Defence of their own Lives and Estates, and the Liberties of their Country, have often attempted to present their humble Complaints to His Majesty, but were prevented therein by the Power and Vigilancy of the Lords Justices, etc. Who by the Assistance of the Malignant party now in Rebellion in England, the better to accomplish the Extirpation of their Religion and Nation, have hindered their Access to the King's Justice, which might have prevented much mischief, and having notice now of a Commission to hear their Proposals, in which are these words (albeit we do extremely detest the odious Rebellion, which the Recusants of Ireland have without Ground or Colour raised against us our Crown and Dignity) they conceive them to have proceeded from the misrepresentation of their Enemies, and do protest they have been therein traduced to the King, for that they never entertained any Rebellious thought against His Majesty, his Crown or Dignity, but are his faithful Loyal Subjects, and desire to be owned so, and as such they present the ensuing Grievances, and Causes of the then present Distempers. 1. That the Catholics, whom neither Reward nor Persecution could tempt from their Religion these 1300 Years, are by the Statute of 2 Eliz. made incapable of Places of Honour or Trust, their Nobles are become contemptible, their Gentry debarred from Learning in the Universities or Public Schools, and their younger Brothers for want of employment, are forced to live in Ignorance and Contempt at home, or to their great discomfort and impoverishing of the Country, to seek Education and Fortune abroad; Misfortunes made incident to the Catholics only (their Number, Quality and Loyalty considered) of all the Nations in Christendom. 2. That Men of mean Condition and Quality for the most part, were placed in all Offices of Trust and Honour, who being to begin a Fortune, built it on the Ruins of the Catholics, and to ingratiate themselves, scandalised the Papists, and rendered them suspected and odious in England; whereby arose the Opposition to the Graces promised or intended to the Natives, by His Majesty or his Father; and the false Inquisitions on feigned Titles against many Hundred years' Possession, and no Travers or Petition of Right admitted thereunto, nor any Bar to it, except Letters Patents, which when produced were also declared void, so that 150 of them were avoided in one Morning; so little regard was had to the great Seal, which is the public Faith of the Kingdom: And the Jurors were forced even by infamous Punishments, to find such Inquisitions against their Consciences. 3. That the Graces granted by the King and his Father, were rendered unprofitable and fruitless to the Natives, by the immortal Hatred of Sir William Parsons, and the impeached Judges, and their Adherents; so that the public Faith involved in those Grants was violated. 4. That by the many wilful and erroneous Decrees in the Court of Wards, the Heirs of Catholics were cruelly dealt with, destroyed in their Estates, and bred in Dissolution and Ignorance, their Parents debts unsatisfied, their Brothers and Sisters unprovided for, Mesne Tenors unregarded, Conveyances for valuable consideration avoided against Law, and the whole Kingdom filled with Swarms of Escheators, Feodaries, Pursivants, & e. 5. That the Catholics have without Reluctancy, or repining, contributed to all the Subsidies, Loans, and extraordinary Grants made to His Majesty, amounting to Well near One Million of Pounds over and above his Revenue, and thereunto were the most forward, and thereof bore nine parts of Ten; yet their Adversaries by the Opportunity of their continual Addresses to His Majesty, to increase their Reputation in getting in of those Moneys, and their Authority in distribution thereof to His Majesty's great Disservice, assumed to themselves to be procurers thereof, and represented the Catholics as obistnate and refractory. 6. That the Army raised here with great charge was disbanded by the pressing importunity of the Malignant Party in England, because they said it was Popish, and therefore not to be trusted; and although that Malignant Party did invade his Majesty's Prerogative, and Sir William Parsons and Sir Adam Loftus did declare, that an Army of Ten Thousand Scots would come to Ireland to force the Catholics to change their Religion, and that Ireland would never do well without a Rebellion to extirpate the Remainder of the Natives; and though Wagers were laid at the Assizes, that within a Year no Catholic should be left in Ireland, and though they saw the Irish Parliament unjustly encroached upon by the Acts and Orders of the Parliament of England, in sending for, and impeaching one of the Members then sitting, and that it was declared in Print by their order, that Ireland if named, is bound by an English Statute, which is against Law and Custom for Four Hundred Years past; and though they had notice of the Protestation made by the English Parliament against Catholics, and their Intention to make Laws for the extirpation of that Religion in the Three Kingdoms, and had notice of the cruel and bloody Execution of Priests in England, merely for being Priests, and that his Majesty had not power enough left to save one condemned Priest, and that the Catholics of England, being the Parliaments own Flesh and Blood, must either suffer or departed the Land; and much more must the Irish, being not so nearly related to them, if they should once get Jurisdiction in Ireland, yet all this did not prevail with the Remonstrants to take Defensive, much less Offensive Arms, they still expecting that His Majesty in a short time might be able to yield them Redress. 7. That the Lords Justices, etc. by untrue Informations, and other malicious Contrivances, did endeavour to hinder His Majesty from granting Graces to the Irish Committee of Parliament; but not prevailing in that, they endeavoured to delay and stop them, and by misconstruction and misrepresentations of the Irish Parliament, endeavoured to possess His Majesty with an ill Opinion thereof, and That it had not Jurisdiction in Capital Causes; thereby aiming at the Impunity of those Impeached, and the Destruction of the Parliament, to which that power is essential; and that the Lords Justices and their Adherents, with the height of Malice, envying their Union, endeavoured to sow Dissension in the Irish Parliament, and to raise distinction of Nation and Religion, and thereby made a Faction, which (to prevent the Graces passing into Acts) Tumultuously cried to Adjorn the House; but being over-voted, the Lords Justices said, that if they did not Adjorn the Saturday, themselves would Prorogue or Adjorn the Parliament on Monday, by which means, and the multitude of Proxies from Lords that have no Estate in Ireland, (which is destructive to the Liberty and freedom of Parliament here) the Parliament was Adjourned on the 7 th'. of August; and tho' the Graces were brought over soon after, and the Committee desired the Lords Justices would give notice of them to the People, to prevent misunderstanding or despair, and an instrument was provided accordingly, yet the Lord Justices, willing to add Fuel to the Fire of the Subjects discontent, did forbear to make such-Publication. 8. That many Petitions containing matters Destructive to the Lives, Estates and Religion of the Catholics, and directed to the House of Commons in England, were promoted at public Assizes to get hands unto them, by Sir William Parsons, Sir Adam Loftus, Sir John Clotworthy, and Arthur Hill Esq and others of the Malignant Party, which were the more dreadful because of the said Clotworthy's power in the Parliament of England, and his Barbarous and Inhuman expressions in that House against Catholics; and soon after an Order made by that Parliament, Not to bow at the name of Jesus, came to the knowledge of the Catholics, as also, that the Malignant Party there did contrive and Plot to extingish the Irish Religion and Nation: Hence some of them considered the deplorable condition they were in, by a Statute of 2 Eliz. found amongst the Records, but never executed in the Queen's time, nor discovered till most of the Members of that Parliament were dead, which if executed, no Catholic could enjoy his Life, Liberty or Estate, and yet nothing hindered, but the King's Prerogative, which the Malignants endeavoured to destroy; and then the Plot of Destruction by an Army out of Scotland, and another of the Malignant Party in England must be executed; the fear of these twofold Destructions, and their ardent desire to assert the Prerogative, Necessitated some Catholics to take Arms in maintenance of Religion, His Majesty's Rights, their own Lives, Liberties and Estates; and immediately thereupon took a solemn Oath, and sent several Declarations to the Government, and offered to submit to the Parliament of Ireland, but the Offers were slighted, and the Parliament Prorogued, and a Declaration Issued on 23 October, Accusing all Catholics of Disloyalty; but upon Application of Catholics of Quality, that the Prorogation was against Law, and that a Session of Parliament was the only means to compose matters, the Lords Justices knowing that but few would appear, yielded to a short Session, but limited it so, that no Act of Grace, or any thing for the People's satisfaction might pass; that the few that met, tho' disarmed, and not permitted a Servant, and awed with Musket's presentto their Breasts, yet desired leave to sit a short time to expect their fellows and to quiet the Insurrection, and that the Graces might be Enacted; but this was denied, and instead of it a Declaration was propounded, that these DISCONTENTED Gentlemen took Arm● in Rebellious manner, which was much resented by the best affected in both Houses; but being informed that the Musqueteers had Order to shoot some of them at their going out, they through terror gave way to that Declaration. 9 However the greater part of the Catholics, and all Cities and Corporations, and whole Provinces stood quiet, and yet the Lords Justices knowing that many powerful Members of the English Parliament stood in opposition to his Majesty, they sent their Addresses to that Parliament, stuffed with Calumnies, and proposed to send over Forces to Conquer the Kingdom; and they also Armed the Malignants in Ireland; and the Catholics even in Dublin and other Cities, were not only denied Arms for their Money, but also Disarmed; and when the Parliament had ordered a Pardon to all that should submit by a day limited, Sir William Parsons contrived it so, that it was published only in two Counties, and a short day prefixed, and Freeholders were therein excepted, whereby it was manifest, the Estates of Catholics were first aimed at, and then their Lives. Moreover Sir Charles Coot was sent into Wicklow, where he destroyed Man, Woman and Child, that had neither Will nor Power to do hurt; and others at Santry near Dublin, Murdered innocent Husbandmen, some whereof were Protestants mistaken for Catholics, merely to force Fingal to Arms: And tho' Complaint was made, yet no Redress could be had, and therefore the fear of being Murdered obliged the Catholics to quit their Houses, and to stand together in their own defence, unprovided of Arms as they were; hereupon a Proclamation issued 13 December, not published till the 15 th'. requiring George King and others to come in, and promising them Protection, and another to summon the Lords of the Pale to meet at Council the 17 th'. But to prevent the effect of these Proclamations, the same 15 th'. of December, Sir Charles Coot was sent to burn Clantarf, Mr. King's House, and use all acts of Hostility, which he performed, and this breach of Faith discouraged the Lords of the Pale from appearing at Dublin, and forced them to defend themselves; however they sent his Majesty's sworn Servant, Lieutenant Colonel Read, to represent their Case to his Majesty; but he was not only stopped, but also Racked at Dublin. 10. That the Lord Precedent of Munster, by direction of the Lords Justices (that Province being quiet) put to death Men Women and Children, without distinction, and mistrusted and threatened the Catholic Nobleses and Gentry, and Armed inferior fellows; and the Province of Conaught was used in like manner, so that in these Provinces the Catholics were forced on their defence, still waiting his Majesty's Pleasure and ready to obey his Commands, whilst the Lords Justices, etc. were busy by Addresses to the Malignant Party in England, to deprive the Irish of all hopes of his Majesty's Justice and Mercy, and to plant a perpetual enmity between the Enemy and them. 11. That whereas Ireland since the Reign of Hen: 2. hath had its own Parliament with equal Power, Privileges, etc. to that of England, and only dependant on the Crown, in all which time there is no Precedent, that a Statute made in England had any force in Ireland, until Enacted there: Now by false suggestions, an Act of Adventurers 17 Car. hath passed in England, whereby the Irish unsummoned and unheard are declared Rebels, and two Millions and a half of Acres of their Land disposed of, which Act tho' forced on his Majesty, and in itself unjust and void, yet continues of evil consequence and extreme prejudice to his Majesty, and totally destructive to the Irish Nation; for tho' the scope seems to aim at Rebels only, yet the words include all the Irish, and takes away many of his Majesty's Tenors, and much of his Revenue, and therefore they protest against it as an Act without Precedent and against the King's Prerogative, and the Fundamental Laws of the Kingdom; and by colour whereof the Protestant Army disavow his Majesty's Authority, and depend on the Parliament. 12. That strangers in Dublin being banished thence by Proclamation, were by direction of the Lords Justices, pillaged as soon as they got without the Town, and what they left in the Town was confiscated, and their desire to return under Protection was denied; that Catholics quiet and under Protection were by the Lords Justices Order, sooner destroyed plundered or killed than those in Action, and Quarter daily violated, and others that came to Dublin for retreat and shelter were Imprisoned and Tried for their Lives; and Dublin, Cork, Youghall, Kinsale, and Tredagh, that opened their Gates to his Majesty's Forces, are worse used than the Israelites in Egypt; so that it will be made appear that more murders, breaches of public Faith and Quarter, more destruction and desolation, and more cruelty not fit to be named, were committed in less than Eighteen Months by the direction and advice of the Lords Justices and their Party of the Council, than can be paralleled to have been done by any Christian people. 13. That the Lords Justices have against the fundamental Laws procured several Sessions of Parliament, tho' Nine parts of Ten of the genuine Members are absent, it being inconsistent with their safety, to come under the Power of the Lords Justices, and in their room are Clerks, Soldiers, and Servingmen introduced into the House of Commons, not at all Elected or not Legally Chosen, and not having Estates, however they have made Orders, and released Traitors Impeached in full Parliament, and passed, or might have passed some Acts against Law, and prejudicial to his Majesty and the Nation, and have also kept Terms, only by false and illegal Judgements and Outlaries to Attaint many thousand good Subjects without Summons or Notice; and obscure Men are made Sheriffs, and Servants and Mechanics are made Jurors to pass upon the Lives and Estates of those who came in upon Protection and public Faith. Wherefore, and to settle the Revenue, and prevent desolation and effusion of Blood, and to procure the satisfaction of his Subjects who were willing to employ 10000 men in defence of his Royal Rights, they pray his Majesty to give gracious Answers to these Just complaints, and to call a Free Parliament, in an indifferent place, before some Person of Honour and Fortune, of approved Faith to his Majesty, and acceptable to the People of Ireland, who may be speedily Invested with the Government, and that in such Parliament their grievances may be redressed, and Poynings Act suspended pro hac vice, and either continued or Repealed as shall be thought fit, and that no matter whereof complaint is made in this Remonstrance may debar Catholics from Sitting and Voting in such Parliament, etc. Delivered by the Lord Gormanstown, Sir Lucas Dillon, Sir Robert Talbot, John Welsh, Authorized by the Confederates, 17 March 1642. to his Majesty's Commissioners at Trim, to be presented to the King. Appendix VI The Substance of the Answer of the Protestant Committee, to the false and scandalous Remonstrance of the inhuman and bloody Rebels of Ireland, given unto His Majesty at Oxford, in May 1644. THAT the Remonstrants were not necessitated to take up Arms for their Religion, for they were not troubled, or so much as questioned about it for a long time before the Rebellion, nor for His Majesty's Prerogative; for there were no Opponents of it in Ireland, except the Remonstrants, who have usurped all the King's Prerogatives, as well as the Subject's Estates, and have printed an Order of their general Assembly, to exclude all Temporal Government and Jurisdiction, but what is approved or instituted by that Assembly or the supreme Council; nor for their Lives, Liberties and Estates, because they had the Protection of the Law and His Majesty's Government; and not one Instance can be produced, that a Papist, quatenus a Papist, ever suffered unpunished Violence from a Protestant either in Person or Estate, except in open Rebellion: And as to the just Liberties of Subjects, (wherein the Protestants are as much concerned as the Remonstrants;) they were never so fully and freely enjoyed in Ireland, as at the Time of the Insurrection; so that there was no Necessity to murder and rob the Protestants for the Preservation of the Confederates. Nor have any of their Addresses since the Rebellion, been slighted or suppressed. Their first was from Cavan of the Sixth of November, and received a mild and favourable Answer, and was forthwith certified to the Lord Lieutenant. The second was from seven Lords of the Pale then in Rebellion, who refused upon safe Conduct to come to the State, but desired Commissioners might be appointed to confer with them; and though such a Condescension was thought dishonourable, since it was the others duty to come to the Government, yet both the Request and Answer were transmitted to the Lord Lieutenant. Their third Address was from the united Lords, by the Mediation of the Earl of Castlehaven 23 d. of March, when His Majesty's Army had raised the Siege of Tredagh, and were Masters of the Field; however, even this was sent to the Lord Lieutenant, and His Majesty's Directions were prayed therein, and the like was done by a Paper of Grievances sent by the Lord Mountgarret, to the Earl of Ormand at the same time; and in August 1642. the Remonstrants sent to the Earl of Ormond a Petition directed to His Majesty, which accordingly the Lords Justices transmitted to him. That the Lords Justices did endeavour to stop the spreading of the Rebellion, and to reduce the Rebels to Obedience by fair means, Viz. by their Proclamations of 23 d. of October, and 1st. of November, promising Mercy to all that should desist from force, by employing a Committee of Parliament to treat with them; but they scornfully rejected the Message, and contemptuously tore the Committees Letter, and the Order of Parliament; and by employing Doctor Cale, and some of their own Clergy to treat with them, whom they likewise abused, and by authorising the Lord Moor, and afterwards Sir Richard Barnwall, and Patrick Barnwall to persuade them to Submission, and by giving Commissions to the Lord Gormanstown, and other of the Remonstrants; but whilst they found Success, they were deaf to all Persuasions; and now that they are baffled, they forge Causes of Complaint; so that His Majesty is not misinformed, nor the Remonstrants unjustly traduced, nor misrepresented to the King. To the first Article they say, that it is too general, and generally untrue, that Popery is a New Religion midwived into the World by the Council of Trent, which ended 1563, and therefore could not be professed by the Remonstrants, nor their Ancestors for 1300 Years; that the Irish were at first Protestants, as Bishop Usher hath proved at large, and in Henry the Eight's Reign were averse to the Papal Usurpations, and consented to Laws to suppress them, and generally came to Church until 13 Eliz. some of them flew off upon the Bull of Piut V. and 30 Eliz. upon the Arrival of some Spaniards shipwrackt on the Coast of Ireland, the Apostasy became more common; however the Recusancy of coming to Church, was not general until about the middle of King James his Reign: But however that be, this is certain, that the Papists were so far from being persecuted, that all Laws against them were suspended, and they enjoyed a Connivance little differing from a Toleration; so that even their Ecclesiastical Heirarchy publicly executed their Functions, and the Clergy swarmed to that Degree, that Paul Harris wrote to Pope Vrban 8ht, That it was as difficult to number the Friars in Dublin, as to reckon the Frogs in the second Plague of Egypt. That notwithstanding the Statute of 2 Eliz. there have been ten chief Judges successively, and all the inferior Judges of Irish Birth and Education; that the first English Judge that came over after that Statute, was Sir Robert Gardiner, 29 Eliz. That several Irish Papists, had commands in the Queen's Army, and were Governors of Counties; as the Earl of Thomond, Clanrickard, etc. And even now at the Time of the Insurrection, Papists were admitted to be High Sheriffs of Counties, Justices of Peace, Magistrates of Corporations, Marshals upon Occasion, Councillors at Law, Doctors of Physic, Clerks; Attorneys and Solicitors, etc. so that none go abroad but for their Improvement, as the Gentry of all Countries do, or to Seminaries to become Clergymen. And these Popish Natives have had their share of His Majesty's Favour, in dispensing of Honour; several of them having been made Lords, Baronet's and Knights, and such as were capable of it by Conformity and Education were preferred in the Church, and even those that were unfit for it, and were Papists, were nevertheless upon an external and partial Conformity only, continued in their Spiritual Dignities by Queen Elizabeth, notwithstanding the Statute of 2 Eliz. Their Nobility had all the respect and privilege which good manners and the Law gives to their Quality; and by the industry and improvements of their English Tenants, lived more Regularly, Plentifully and Gently than any of their Ancestors ever did or could; and that the Popish Youth were never denied admittance into any Free-School, nor into the University, nor any Question made about their Religion; only when they come to be Graduates, they must then conform to the Laws of the Land, and the Statutes of the College; and the Answerers think; that the Remonstrants have small reason to complain, whilst they enjoy those Liberties and Favours which are denied to the Popish Natives of England, who though less in number, are much superior to the Remonstrants in Quality, Loyalty and Riches. But if the Laws of the Land do exclude Recusants from Offices of Trust and Honour, they ought to have patience till his Majesty shall think fit to consent to a Repeal of them; nay if their Oppressions were without Law, their proper Remedy were by Supplication and Petition to the King, and not by Murder, Rebellion and Depredation. To the Second, they say it is an aspersion on the King, for the ill choice of his Officers, and is so undutiful, that no Person of Honour will appear in it; it was devised by the Popish Clergy, and the Jesuited Lawyers, who are the Firebrands of these horrible Flames which have almost consumed the Kingdom; and it is notoriously false, for the chief Government hath been placed either in Men of Nobility or great Estate, or in Men of great Merit, and in a high Station, none of which ever built their Fortune on the Ruin of the King's Subjects, but some of them have been undone by the unjust clamour of the Irish, who never endure long any English Governor that endeavours their legal obedience to the Crown. So that of One and Twenty chief Governors successively, Thirty Privy Councillors▪ Twelve chief Judges, and several inferior Judges sent out of England since the Statute of 2 Eliz. not one of them left any Estate there, nor were enriched by that Service; and even the Earl of Strafford paid great Sums of Money for what he bought there, whereas such of the Natives of that Kingdom as were Judges have left great and visible estates; whereby it will appear who built most upon the Ruins of the Natives. That the Natives became suspected and odious in England, not by any scandals cast upon them, but by their degeneracy and frequent Rebellions, whereby Ireland whilst managed by them, was always in disorder, and so poor, that it was a continual charge to England; whereas since the management of it by English, the dependency of the People is placed in the Crown, Legal Properties are secured, the Irish pernicious Customs abolished, Civility introduced, the Kingdom improved, so that it was better able to give Ten Subsidies now, than one in former times; Trade and Commerce increased, the Revenue advanced from 8000 to 85000 l. per Annum, the Laws duly administered, Religion propagated, the Army maintained, without oppressing the Subject, and a Navy kept to guard the Coasts; the People are grown Rich and Numerous, the breed of Cattle bettered and increased, Usury reduced to Ten per Cent. which was formerly at Twenty and Thirty, and every thing mended; whereby it is manifest, that the English spent their time in improving the Kingdom, and not in building their Fortunes on the Ruins of the Catholick●, nor in hatching Rebellions. That the English were so far from malicious differences with the Irish, that they endeavoured to unite with them, and had done so, if the Popish Clergy and Lawyers envying their happy condition, had not sowed discord between them; the former, by publishing that the Protestants were Heretics, that it was meritorious to destroy them, and that they would have immediate passage to Heaven that should die in that action; and that the Pope was of that opinion, as appeared by his Bull, (Appendix 15,) which the Irish published even after the Cessation; and the Lawyers, by alleging Grievances, which either were of no Importance, or were redressed as fast as the Government possibly could, and by declaring that men killed in Rebellion, could not forfeit their Lands, and by reflecting on the illegal Jurisdiction assumed by the Council Board, which nevertheless those Lawyers promoted and encouraged for the advantage of their own Practice, and to heap up matters of Complaint: And after all, there are less Grievances in Ireland than in most other Kingdoms of Europe, and so their own Parliament declared, Anno 1634. As to the Graces, most of them have been performed to them; only one Warrant of Assistance was granted to the Bishop of Down, which was soon called in, and the enrolling the Surrenders of Conaught, and the grant of those Lands and Tenors were stopped for a time, and the limitation of his Majesty's Title to Sixty Years was not settled, but Bills for these and some other of the Graces were sent to England, and returned back approved, and would have passed the next Session, if the Rebels had had patience. And whereas it was one of the Graces, that all distinctions between British and Irish should be abolished, which was desired by the Protestants, and Thirteen old Statutes against the Irish were Repealed to that Purpose; yet it is manifest, the Remonstrants desired no such thing, for they have done their utmost to extirpate the Protestants, and have thereby entailed an everlasting difference between both Nations. And as to Traverses to Inquisitions, they were admitted according to Law in particular Inquisitions, but in general Inquisitions found for Plantations, because the chief Governor and Council, and the King's Council and other chief Officers were present, and the Jurors were always the Prime Men of each Territory, and the Offices publicly found (mostly by consent) and all Parties fully heard, and the Parties had neither Title nor evidence to countenance a Traverse, nor could an indifferent Trial easily be had, in these Cases, and for these Reasons, Traverses were not admitted to these Grand Offices but upon cause shown; nor was any Jury Punished for not finding these Inquisitions, except one in the County of Galway, which was wilful and obstinate against full evidence as their own Lawyers afterwards confessed. That the allegation that an Hundred and Fifty Patents were avoided in a Morning, is a notorious untruth; what was done, was promoted by James Cusack, one of the King's Council and Clerk of the Commission for defective Titles, now a Remonstrant, the manner thus: A Committee of some Judges and King's Council were appointed to consider the Patents produced, and the Patentees Council were heard, and if they confessed the Patent void, it was so declared; if they contested, it was referred to a Trial at Law, which being done to avoid needless trouble and charge, was a favour and not a grievance, and was done to Protestants as well as Papists, and had been so, formerly; and in imitation of it, the Remonstrants sent Queries to the Judges, not long before the Insurrection; and if they had half so much regard to the great Seal and the public Faith as the Protestants have, they would never have entered into this Unnatural and horrid Rebellion; especially since this Grievance (if it was one) was by his Majesty's orders redressed before the War broke out. In the Third Article, the Remonstrants (unwittingly) confess the goodness of his Majesty and his Father, and how gracious both those Kings have been to them, which should have obliged them to returns of duty and obedience; but instead of that, they return Complaints, and without cause, against the King's best Officers, and such as have done more good to the Kingdom of Ireland than the Remonstrants either offered, or could do. But their desperate hatred against Protestants in general, ☞ and English Governors and Officers in particular, is the cause of all this; but if those Officers would have joined with the Remonstrants in setting up Pope●y, and diminishing his Majesty's Prerogative, than they should have had the good word of the Remonstrants: In the mena time, they can be charged with no particulars, except that of detesting the Cruelty and Persidy of the Rebels; and if the Ministers of State had been faulty, what is that to the Innocent common People? certainly the Robbery and Murder of them proceeded from a National Antipathy, which is no new thing in Ireland, but was often cruelly exercised even in and before the Reign of Edward the Third. To the Fourth Article that it is untrue, and the Remonstrants would have instanced particular cases if there were any to be found; for the Decrees of the Court of Wards have been Regular and Just, and the execution moderate; above Two Hundred Wardships have been granted to Friends in trust for the Heirs, to pay Debts, support Younger Children, etc. and none were granted to Strangers, but by his Majesty's immediate Warrant, except in some few Cases where the Party neglected, or was obstinate; and in all cases care hath been taken of the Evidences, Marriage and Education of Wards. And as for the Swarms of Officers complained of, there are but Five Escheators, and Eight Feodaries, and Two Pursivants in the whole Kingdom, and all of them Men of Judgement, Moderation and Integrity; so that the Remonstrants have not cause to complain of these things, but their real grievances are, that the Wards are bred Protestants, and the Tanist hindered from intruding into the Estate, and the great Lords deprived of their Dependencies, and his Majesty's Revenue duly Collected, and their Licentious Appetites restrained. To the Fifth Article they say that all that was given made his Majesty never the Richer, for it was spent again upon themselves in defraying the public charge of the Kingdom, and particularly in paying the new Army which was mostly Papists; however the Catholics were so far from being the most forward in granting the Tax, that it was first moved by the Protestants, and mainly opposed by the Papists both in England and Ireland, as his Majesty may remember, and they paid it with Luctation and Clamour, and never rested till in lieu of it they obtained more Graces from his Majesty than their contribution was worth. And the Subsidies were not only First proposed by the Protestants, but would never have been consented to by the Papists, if they had not found the number of the Protestant Members sufficient to out-vote them; and therefore when several of the Protestants were absent with the new Army near Carrigfergus, and upon several pretences excluded, and Popish Members chosen in their Room, so that the Popish Party was most numerous: Then the Subsidies which before were One and Forty Thousand Pound apiece, were by them reduced to Twelve Thousand Two Hundred Pound apiece, whereby the forwardness they boast of sufficiently appears to be untrue. And as to Proportion, the Protestants (besides what the Clergy contributed) paid above a Third part of the whole; and how it was disposed of, appears by the Accounts of the Officers, and very much contrary to what the Remonstrants have scandalously suggested: And if they were as well devoted to the Crown as the Protestants are, his Majesty would soon reap considerable profit out of so fruitful and Flourishing a Kingdom, to be disposed of as he should think fit. To the 6 th', that there was an absolute necessity of Disbanding the new Army, there being neither Victuals nor Money left for them, and the charge being too great upon the Kingdom, as the Remonstrants declared in Parliament, when they were moved to contribute towards it: however the Lords Justices did not Disband them without his Majesty's Warrant for it, and they had also the King's approbation when it was done. And now the Reason is manifest why some of the Remonstrants (who were engaged in the Conspiracy,) were so loath to have that Army disbanded, viz. because they saw themselves disappointed of such a help and those Arms, with a more full hand to execute their Bloody Design upon the Protestants, wherein many of that Army concurred; and for the same reason they opposed the Transportation of any of those Forces to Spain, and the Priests dissuaded the Soldiers from going, else certainly they would not be backward to rid the Country of those lose Idle Men, nor to assist a Catholic Prince of whom soon after they implored Aid against his, Majesty. But they had another use of those Soldiers in prospect, and which is since executed on the Protestants to the full, and their fiction that one of the Earl of Strafford's Servants had threatened to blow them up; (whereupon a Committee was appointed to search under the Parliament House for Powder) was only a Trick to discover the Stores, for when they found none there, they continued their importunity, to see where the Magazine was, and were discontented at the denial. As for the Chimaera of bringing Ten Thousand Scots to force the Papists to change Religion, and the Speech that Ireland would never be well without a Rebellion, to the end the Natives might be Extirpated; it is no wonder the Remonstrants whose thoughts were full of Extirpations, which they have too fully effected, should think the like designed by others, but that it is incredible that the Persons named, whose Estates are in Ireland, and Families are settled there, should disturb that Peace they have so long endeavoured to Establish, or should desire a Rebellion, which would be doubtful in Success, but certain in Desolation. And in like manner ridiculous is the Story of Wagers, the truth of which is, that at the Sheriff's Table at Wexford Assizes, a Protestant proposed to a Papist, that he would give him Five Pounds, and the other should give him Fifty Pounds for it, if he did not come to Church within a Twelve Month, whereat the Papist not understanding the Joke, seemed surprised, and protested he would not come to Church within that time; why then says a Third Person you will lose the Fifty Pound, for it is to be paid if you doubt; whereat the Jest was understood, and it became matter of laughter there, though it be one of the Grievances here, picked up to stuff this Remonstrance, and one of the Grounds to justify their bloody Rebellion. The Position that Ireland if named is obliged by an English Parliament, affects the Protestants as much as the Papists of that Kingdom, however it ought to be decided by Arguments, and not by Arms; Nor should the Resolution of that Point be written in the Blood of so many murdered Innocents'; but how the Remonstrants should before their Rebellion have notice of any Intention or Protestation of the Parliament of England, to introduce a Law for extirpation of Popery, is very unaccountable; because the Vote that did pass was subsequent to the Insurrections of the Irish, and in Detestation of their inhuman Cruelties; Nor in truth were the Irish afraid of any Hardships from the English, who lived amongst them, even with such kindness and confidence, as hath proved fatal to the whole party. And though now they pretend that the Privileges of Parliament, are violated by sending for a Sitting Member to answer an Impeachment in England; yet when that Point was debated in the Case of Sir George Ratcliff, who craved the Aid and Protection of the House; then one of these Remonstrants could advise the House to take no notice of it, lest any variance should arise between the two Parliaments; but when the Protestant was sent over, than indeed they instructed their Committee, to sollice and settle that Point for the future. To the seventh, the readiness in His Majesty to hear their Grievances, (which they confess) should have obliged them to Loyalty and Obedience to him, and at least Neighbourlike Demeanour to his Subjects, and not to scandalise His Majesty through his Ministers by false Accusations against them; for the Lords Justices did neither hinder the going of the Irish Committee to England, nor send any after them to cross or impede their Design, nor in any Case misinform His Majesty: But on the contrary, when they received a Commission dated the 4 th'. of January 1640, to continue, ptorogue or determine the Parliament as they thought fit; they believing that the Parliament designed the general good of the Kingdom, not only continued it, but also gave it all the Countenance they could; So that a Noble Peer moved in the Lord's House, That it might be recorded to remain to Posterity, That the Lords Justices had always ohearfully received their Requests and Messages, and were ready to comply with them; and since the Remonstrants by His Majesty's Order had view of all the Private Letters; if they could have found any such misinformation as they complained of, they would have instanced it to His Majesty, and not give him Suppositions for Gertainties. And as to the Power of Judicature of the House of Lords in Cases Capital, His Majesty wrote to know whether there were any Precedents of it, and the Lords Justices (having consulted the Upper House) returned a true Answer, that none were to be found; nor do the Remonstrants' regard that Power; but at that Juncture (their party being prevalent,) they thought they had an Opportunity to get rid of some of His Majesty's English Judges and Officers, whom they cannot endure to bear rule over them, though they saw the Kingdom prospered above any former Times, under their Labour and Travel. And it is untrue, that the Protestants did envy the good Union of both Houses; on the contrary, they laboured to cherish and confirm it; but if any Protestant opposed the Remonstrants upon any point, (how reasonable soever) they presently clamour, that it is done out of Malice against them and the Nation, which is an unjust Obloquy; and though the Pupists made daily Cabals, yet the Protestant Members never had but one private Meeting, and that without the Lords Justices knowledge, and at that Meeting there were some Papists, and the Design of it was, to prevent an Impeachment intended by some of the Irish, against those that were concerned in the Grand Inquisition of the King's Title to Conaugth; the Plantation of which Province with English, the Natives abhorred, as that which would have frustrated all their Evil Designs. And as to the Session of the 11 th'. of May 1641, it continued very long, viz. to the 7 th'. of August, and was unprofitably spent in Protestations, Declarations, Votes upon Queries, the Stay of Soldiers from going over Seas, and private Petitions; and it is untrue that there was any Certainty of the Committees being at the Waterside at the Time of Adjornment; so on the 14 th'. of July, the Lords Justices sent to both Houses to consider of a Time of Adjornment, because the Harvest was approaching and the House was thin, and on the 30 th'. of July, the Commons desired the Adjornment might be delayed till the 7 th'. of August; and on the 2 d. of August, the Lords licenced the Judges to go their Circuits, and the same Day the Commons desired the Adjornment might be from the 7 th'. of August to the 9 th'. of November, to which the Lords agreed; and on the 5 th'. of August a Committee of both Houses attended the Lords Justices with notice thereof, and they consented thereunto by Order to be entered in the Houses as by their consent. On the 6 th'. of August there arrived the Earl of Roscomon, with a Letter from the Committee, importing that they were busy about their Dispatch at London; whereupon the Lords sent to the Commons, that they continued their Opinion for the Adjornment, and accordingly they did adjourn the next Day; so that there is no Ground for the Calumny on the Lords Justices, that they threatened to prorogue them, or purposed to prevent the passing the Graces (not then arrived) into Acts. But those Remonstrants having broken Faith with His Majesty, and all his faithful Subjects, do take liberty to asperse his Governors, and well affected Officers, whom they desire for ill Ends to make odious to the People. Lastly, They close this Article with an Untruth; for the Lords Justices did immediately after the Arrival of the Committee, writ to all the Ports of the Kingdom, with Briefs of the Graces concerning matters of Customs, commanding the Officers to obey those Directions; they also published Proclamations for transporting Wool, and what Customs were payable for the same. They sent Warrants for free Entries of Tobacco, and what Customs were payable for it; they gave Order for a Bill to be drawn, for a Repeal of the preamble of the Act of Subsidies; they also desired Sir James Mongomery, and Sir William Cole, to give notice to the Undertakers of Ulster, of the Graces intended to them; and they had formerly sent over the Bill for a General pardon, and most of the rest of the Graces were to be executed in Dublin, and respected the Regulation of the Courts there, for which the Approaching Term was the proper Season: But the Remonstrants had not patience to expect that, but resolved to be their own Carvers, and dispose of the King's Revenue, and the Protestants Estates, as they thought fit. As to the Eighth Article, the prodigious Tale of the Petition is untrue; And but that these Remonstrants care not what Detractions, how untrue and improbable soever, they print or publish against those they hate, they would not have averred this Story without producing a Copy of a Petition signed by so many Thousands; but the Truth is, the four Persous named had no hand in any Petition; but there was indeed a Petition which reflected more upon the Protestant than the Popish Clergy; but as soon as the Lords Justices had notice of it, they got the Original into the Clerk of the Councils Office, where it still lies. What Sir John Clotworthy did or said in the Parliament of England, was not known to the Protestants of Ireland, nor is it material; nor do they believe that any thing was then moved, plotted or contrived against the Remonstrants, or that the English Parliament resolved any destructive Course against them, till after the Rebellion begun; though the Remonstrants by confounding Times, would use it as a Cover for their inhuman Perpetrations. As for the Statute of 2 Eliz. the Remonstrants find fault with it, because by repealing by Queen Mary's Act of Repeal, it revives the necessary Statutes made by Henry 8 th', against Papal Encroachments and Usurpations; without which, the Papists being dissolved from their dependence on the King's Auchority in matters Ecclesiastical, would transfer that half of his Sovereignty to the Pope, who might discharge their Allegiance in civil Causes, as he hath often done here and elsewhere; for as to the Penal part, that Statute mitigates the Crime of Advancing foreign Jurisdiction, which being Treason before, is by that Act not made Treason, till the third Offence after two Convictions; and as to that part of the Statute about Officers, and suers of Livery, to take the Oath of Supremacy; they have found so many Instances of His Majesty's indulgence to them in that particular, that it is ingratitude in them to complain. And if they mean the second Chapter of secundo Eliz. it is answered, that what Noise soever that Statute hath made, yet it hath done very little Execution; but the Complaint, as if those Statutes were forged, or had lain dormant till most of the Members of that Parliament were dead, is of all other the most shameless; for those Statutes were published in print with the rest, Anno 16 Eliz. and were soon after (too sparingly indeed) put in Execution, as appears by the Records; but 'tis true, the second Chapter could not be executed, because the Papists universally came to Church, till of later Days, and the Name of Recusant was not then known: But afterwards, when Popery became more bold and dangerous, that Act was sometimes put in Execution, but without danger to any Man's Life or Estate, for the Penalty was but Nine Pence a Sunday, and the Laws in England against Popery are very much more severe; and yet upon this slender Ground, and the vile Fiction of sending 10000 Scots, (which was never thought of till long after the Rebellion broke out) do these Remonstrants pretend to justify their Insurrection, which nevertheless themselves (in their Declaration in Parliament, the 16 th'. of November 1641.) have confessed to be traitorous and rebellions, and at the same time pretended an Abhorrence of the abominable Murders and Outrages of the Rebels, which now they palliate, as a forced taking up of Arms in their own own Defence, by discontented Gentlemen: Neither was that Declaration forced from them, but passed in due course and order, and at their own request, tho' some of them would have couched it in softer terms, for fear the Rebels might recriminate, but they were outvoted, without either violence or threaten, as is most falsely suggested. Neither is it true that the Northern Rebels ever sent any Address to the State, except the presumptuous Proposition from those of Cavan, which was favourably received, as hath been already related; but it is wisely done of the Remonstrants to pass slightly over the Massacre in Ulster, since it is not possible to justify that barbarous Cruelty. In the Proclamation of the 23 of October, there is no mention of the Proroguing the Parliament; and because some of the Pale did quarrel at the words Irish Papists, as if themselves were included therein, the Lords Justices issued a Second Proclamation to satisfy them in that Point; and tho' there was a necessity of Proroguing the Parliament, to avoid concourse to Dublin in that dangerous time, yet it was not done without the King's special Warrant for it, who designed that the Lord Lieutenant should be present at the Session; and tho' the King's Order was to Prorogue it to the latter end of February, yet to comply with the Importunity of some of the Remonstrants, who were then thought Faithful to the Government, the Members were permitted to meet the 9 th'. of November, and Adjourned to the 16 th'. and then Sat two days, and shortened the Prorogation to the 11 th'. of January; and tho' in that short Session, and that troublesome time, it was impossible to pass any of the Graces into Acts, yet the Lords Justices did then acquaint the Houses, That His Majesty would not departed from any of his former favours promised to them, for settling their Estates to such as should remain faithful and Loyal. That as to Armed men, it was no other than hath been in all Parliaments there before and since, viz. the Garrison of the Castle of Dublin, (in which the Parliament sits) always makes a Guard for the Chief Governor and Members of Parliament, but neither used Threats, committed Violence, or presented their Muskets, as is unsincerly and untruly suggested; nor could the Remonstrants apprehend any danger from this mark of respect shown them by the Guard, if their own inward Gild had not begat Jealousies in them, of what others never thought of; for if the Lords Justices would have seized the Persons of some of the Remonstrants upon just Suspicions and violent Presumptions, what hindered them? certainly nothing, but a hopes by mildness and good usage, to settle and fix their staggering Loyalty. And it is strange that the Remonstrants pretend that any part of the Kingdom was quiet, when it appears by Mac Mahon's Examination, that the Conspiracy was universal, and that the great Towns and Cities would revolt, as soon after they did, except where the Protestant Inhabitants, or his Majesty's Soldiers were too strong for them; and Colonel Plunket averred, That all the Catholic Lords had contracted under their hands to join in this Insurrection, which indefinite expression must be understood to intent all those that did afterwards unite with the Rebels, which were indeed all but a very few; and he wrote to the Lord Abbot of Melifont, that he had been a means to incite the Lords and Gentlemen of the Pale to appear in the blessed Cause then in hand, and would use his endeavours night and day, ad majorem Dei gloriam. And it is to be observed, that the Colonels John Barry, Taaf, Garret Barry, and Porter, (who had Warrants to transport four Regiments, and were therein Assisted by the Lords Justices) did upon several pretences defer it till the 23 d. of October, and soon after Garret Barret and his whole Regiment, and most of the rest of the Soldiers went into Rebellion; and if we add the general discourse amongst the Rebels in Ulster on the 23 d. and 24 th'. of October, exfressing to the plundered English an assurance that Dublin was taken, and the like mutterings in Munster and Conaught, and the antecedent Threats of a general Rebellion, and their Consultations at Multifernam mentioned in Doctor Jones his Examination, it will be manifest that the Conspiracy was general and premeditated. But the Remonstrants suggest that the Lords Justices applied themselves to such powerful Members of Parliament as opposed his Majesty; which is like the rest, for at that time the King was in Scotland, and there was no difference between his Majesty and the Parliament, except in relation to the Earl of Strafford, whom the Remonstrants most violently prosecuted; besides, the Lords Justices did not sent to the Parliament at first, but on the 25 th'. of October, sent one Express to the King, and another to the Lord Lieutenant according to his Majesty's former Orders; and seeing themselves by the generality of the Rebellion, necessitated to invoke all Powers that could Assist them, they did on the 5 th'. of November, and not before, writ to the Privy Council, and to the Speakers of both Houses, and they sent Duplicates of those dispatches to his Majesty the very same day. And tho' it was the highest reason that could be, that the Lords Justices should first Arm the Protestant Subjects whom they might confidein, for the defence of their own Lives and the Government, yet they did also issue Arms to such Papists as they had any hope of, and particularly 1700 Arms to those of the Pale, some of which were recovered again, but most of them were perfidiously made use of against the State; neither were the Catholic Inhabitants of Dublin Disarmed, until those of the Pale had declared themselves in Rebellion, and then their Alliance and Correspondence with the others made that Action necessary; Arms were likewise sent to Wexford, Waterford, and Trim, and Letters of Encouragement to those places, and to galway. The Order of Parliament to Pardon the Irish was published in Print the 12 th'. of November, and dispersed into all parts of the Kingdom, but without any more effect, than the Lords Justices Proclamation of Pardon of the 30 th'. of October met with, and the Lords Justices Proclamation of the First of November to Pardon those of the Counties of Louth, Westmeath, Meath, and Longford, except Freeholders and Murderers, was drawn by Mr. Nicholas Plunket and other Members of Parliament, and thereupon some few submitted, but never restored what they had plundered from the Protestants, but soon after Apostatised into Rebellion again; neither did they show any more respect to his Majesties own Proclamation under his Royal Signet; nor indeed had they any inclination to submit, until they were baffled before Drogheda, and his Majesty's Army was Master of the Field; why then should the Lords Justices, who every day expected the Lord Lieutenant, and had no Order to Pardon Murders, prostitute his Majesty's mercy to those obstinate Rebels that did despise and affront it? However, as they were far from aiming at the Rebels Estates, so they gave them demonstration of their Moderation and Indulgence, even to a fault, in their favours to the Earl of Westmeath, Sir Morgan Cavenagh, Sir Luke Fitz Girald, Sir Robert Harpoole, and O farrel Sheriff of the County of Longford. But with what Face can they complain of Sir Charles coot March to Wicklow, to relieve that Castle Besieged by the Rebels, since that was not till the 27 th'. of November, before which time all the County was in open Rebellion, and all the Englisb plundered, and all the Castles and Towns surprised, two only excepted? neither did he execute but one Woman, who had some of the plundered goods about her, and thirteen Men notoriously Guilty; and what else were slain, were killed in Battle; and it is a wonder the Gentry of the Pale can so far forget their Birth, as to express a concern for those ancient Tories and old Enemies of Wicklow, whose Incursions into the Pale were in a great measure prevented by this March; certainly there would be no concern in this Case, if it were not for the Confederacy. And as to the Affair of Santry, which the Remonstrants would Insinuate was sufficient to raise a whole County in Six hours, that in six Weeks before could not raise Sixty men to serve the King, or prevent the murder of Derrick Hubbert, and other Protestants; it was nakedly thus: A Lieutenant without any Orders, on the 5 th'. of December, went out with Forty men, upon information that some of the Murderers of Hubbert were at Santry, and finding there Four strangers with Arms newly come thither, he slew them and went in farther search of the rest he expected to find thereabouts; and he still affirms that these Four were Rebels, tho' others say that one of them was a Protestant; but at worst it was but an unlucky mistake, and no cause of a general Rebellion, especially since the Lords Justices, on the 13 th'. of December, sent them a true account of the matter. Moreover, Luke Netervills Summons, and his Listing and Arraying of Soldiers, was before this accident at Santry; and it was impossible for Twelve hundred of them to meet in the posture they did on the 7 th'. of December at Swords, if there had not been provision made beforehand for it; however on the 9 th'. the Lords Justices sent them a civil Message to departed, and Protection for Seven of them to come to them to Dublin; but they kept the Messenger that night, and sent a Mutinous Letter next morning, demanding security of their Lives, etc. which being granted, they despised, and continued in that Seditious manner Robbing and Spoiling the Protestants until the 10 th'. destroying the Country, and threatening even Dublin itself; and in order to straiten the City, they sent Parties to Clantarf, Finglass, and Santry; at Clantarf they Robbed and Spoilt two English Barks, and threatened to burn all the Vessels in the Harbour, and the owner of the Town George King was in the Rebel's Camp at Swords, so that it was of absolute necessity to dislodge them thence, and accordingly the 15 th' of December, Sir Charles Coot did defeat the Rebels and recovered some of the plundered Goods and burned the Village, and on the 22 th'. of December, the Rebels were likewise beaten from Finglass and Santry. That the Lords Justices by their dispatch to the Parliament, did suggest their Fears, that the Massacre was designed against the old English, and that therefore the old English, and even Irish that continued Loyal, should be encouraged to raise Men in defence of the Kingdom by promises of Honourable Reward; and by their Letter of the 2 d. of December, they did Invite the Lords of the Pale to Dublin, to consult of the best means to stop the Rebellion: So far were they from putting any necessity upon those of the Pale to be Rebels themselves; and what answer those Lords gave, and what was done thereupon, is mentioned at large in this History. That Sir James Dillon who gathered near Two Thousand Men under pretence of carrying them to Spain, and had at his own Request received Fifty Arms from the Government for his defence, not only refused to suppress the Rebels of the County of Longford, but also joined with them himself, and made use of his Majesty's Arms against those that lent them to him: Dundalk and a Foot Company in it Surrendered upon the First Summons, and Drogheda had done the like if the Lord Moor had not prevented it; and on the 10 th' of November the Lord of Louth delivered up his Commission to Govern that County, and soon after went into Rebellion. The County of Wicklow broke out the 12 th' of November, as Wexford and Caterlagh did on the 21 th'; and the Country of Louth on the 24 th', and Meath about the same time; so that they were all engaged before any thing happened either at Clantarf or at Santry. And as to Lieutenant Colonel Read, it is true, Three Lords and Four Gentlemen, did join in a Petition in the beginning of January, and did pretend to send Read with it to the King; but though he pressed to be dispatched, yet they delayed it Three Months, expecting the success of the Siege of Tredagh; which proving unfortunate to them, Read was taken Prisoner, and was (not without precedent) Racked for the discovery of things so highly conducing to the safety of a Kingdom. To the Tenth, the Lords Justices did never give any such direction to the Lord Precedent of Munster, as is untruly suggested; much less would they do it whilst the Province was quiet, the Peace whereof they sought by all means to provide for. Neither would he have obeyed any such unrighteous and half Command, himself being a Native of that Kingdom, and allied to the Old English and Irish, and in all things lovingly affected to the People as long as they could be contained in their duty; neither was he provided with Necessaries to begin a War, nor would ever have entered into it, if the Irish had not been the Aggressors. On the contrary, he constantly gave the Lords Justices notice of the Quiet condition of his Province, and particularly of the Loyal Disposition of the Lord of Muskry, who by reiterated Oaths had sworn to continue therein; so that the Lords Justices sent particular Letters of Thanks and Encouragement to that Lord, to whom the Precedent likewise gave some Arms; and there were Commissions of Government and Martial Law sent to the Natives of that Province as well as to those of the Pale. The Leinster Rebels invaded the County of Waterford the beginning of December, and though when the Precedent Routed them, he found many of his Provincials amongst them; yet he let them go, as supposing they came to look after their Cattle. But by the end of that Month, the whole Province was in open Rebellion; and yet it was not until February that the Lords Justices sent their positive Order to prosecute those wilful Rebels with Fire and Sword; and in the latter end of February, the Precedent published his Majesty's Proclamation under his own Hand and Signet, but without effect, for the Rebels said that it was Counterfeit, and rejected it. But Arguments are vain when the thing itself manifests the truth, and if ever in any case, certainly 'tis in this, that Res ipsa loquitur, and that the Precedent was not the Aggressor; for he had neither Men, Money, Ammunition or Arms, or any other Provision of War fit to contest with so numerous an Enemy, that were fledged with the Spoils and Riches of English; and it is undeniable that the Irish began to plunder even in great Numbers, and Armed in a War like manner, and at Noon day; but perhaps the Remonstrants think, that is not a Commencement of War. But in Conaught the case was far different from Munster, though the Remonstrants (not caring whether right or wrong) have mingled both Provinces in the same accusation; for the Precedent of Conaught was then at Dublin, and in the beginning of November, when he went to Athlone, he found many of his Provincials (whereof some Gentry) in open Rebellion, who had committed many Murders, and more Robberies, he presently endeavoured a Treaty with the Gentry that had not yet declared, presuming on his Alliance to some of them, and his former private Friendship with them, but all in vain; so that his Case was miserable, being surrounded with Multitudes of Rebels, who took the Town, and kept him Besieged in the Castle of Athlone all that Winter: His whole force in the Province was but a Troop and a half of Horse, most Irish, and Six half Companies of Foot, whereof One was Surprised, and another sent to Dublin; so that he was in no condition to rescue the Distresled English, and much less to make any offensive War on the Irish, or by any cruelty to force them into Rebellion, as they have most untruly suggested. The Lords Justices did also send Commissions of Government to the Lords of Clanrickard, Mayo and Costilo, and Commissions of Martial Law to some of the best of the Natives, and the Lord Clanrickard did assure the Irish of his Majesty's condescension to the Graces; and yet all this could not prevent nor suppress their Rebellion. To the Eleventh, Whether the Parliament of Ireland have equal Power and Privileges with the Parliament of England, and whether an English Statute can bind Ireland, is fit to be disputed by Arguments than Arms; but it is false that the Act of Adventurers in England was grounded or occasioned by any misinformations from Ireland. Nor doth it extend to other Estates than those of the most Detestable and Sanguinolent Traitors that ever were heard of, and therefore the Loyal Remonstrants should not be concerned; but admitting the Act unjust, yet it was subsequent to the Rebellion, and so could not be a cause of it: Nor can we believe it was forced upon his Majesty, it being for his own advantage, and for the benefit of his Beloved and ever Loving People; and if his Majesty should lose by it at present, yet he loses to Loyal and obedient Subjects, who will in time reprize him, as well by saving charge and preventing Danger and Rebellion, as by straining themselves at any time for his Majesty's Honour and Profit. And since there is no Authority nor Command Civil or Military in Ireland, but what is derived from his Majesty's Authority, and acts in obedience to it, 'tis strange that the Remonstrants should close this Article, with a loud and known untruth to the contrary. To the Twelfth, That the Proclamations enjoining Strangers to leave the City were issued not only upon sound Reasons and good cause since approved of by his Majesty, but also were published at the request of the Popish Inhabitants of Dublin; however no Person of Quality or Credit was affronted thereby, but were civilly permitted to stay. And the Third Proclamation, viz. that of the 11 th' of November, was designed to send the Gentry home, to keep the Country quiet, unless they had cause of stay in the City; however not so much as one Gentleman was either threatened or punished for disobedience thereunto: But many (and even some Citizens that had liberty to stay in Dublin) went voluntarily, and did join with the Rebels; and now they cover their Treason with a pretence that they were forced to go: And it is not true that any of the Rebels offered to submit, until after the relief of Tredagh, when his Majesty's Army was Master of the Field; nor that any of the Cizens were pillaged, or their Goods seized until after the Remonstrants were in open Rebellion: Nor then with the consent of the Government, who did what it could to prevent and punish Pillaging, as by their several Proclamations may appear. And as the Lords Justices did nothing without the Council, so neither did they countenance any disorder; nevertheless they are not accountable for all the Irregular acts of an ill paid Army, especially against Rebels that had given such barbarous provocations. That the Lords Justices did give Commission to two Papists that desired it, to treat with the Rebels; but that indulgence (as the rest) was abused to base ends, and produced nothing of the effect proposed, and that no Houses were willingly burnt, unless they belonged to Persons in open Rebellion; and for Protections the Government granted very few, having found by Experience, that Protections always turned to his Majesty's disadvantage, because the Protected underhand relieve the Rebels, and when they find a fit opportunity, do themselves relapse. However those few Protections that were granted, were punctually observed, and the public Faith never violated by the Lords Justices connivance or consent; and when it was discovered, that the Protected did Murder straggling Soldiers, and carry Powder etc. to the Rebels, their Passes were revoked and superseded by public Proclamation, and timely notice given them, and no man suffered quatenus a Catholic or Irishman, unless he were also a Rebel, as they generally were. Nor ought the Remonstrants to complain even of the unjustifiable insolence of the Soldiers, since all inconveniences consequential to the Rebellion, and occasioned by it, are justly chargeable on those that begun it. And as to such Slaughters as have happened amongst the Confederates in the course of a just War, and in defence and necessary Preservation of an innocent People, they are no Murders, but the just Chastisements of a Religious Prince on unnatural Rebels, and do not amount to the Tenth part of the number they Murdered in cold Blood, and without Provocation. To the Thirteenth, It is strange that those who are so angry at the Sitting of the Parliament and the Courts of Justice, and have overturned all Laws, and plucked them up by the Roots, should yet keep such a stir about Fundamental Laws, or that they should think themselves genuine Members of Parliament, which is a Court of Peace and Order, who have rend asunder all Bonds of Peace, Order and Humane Society; can they imagine, that because they will Rebel, we must have no Courts of Justice? will nothing satisfy them, but an universal concurrence in Confusion? and is it because they are guilty of so many crimes themselves, that they take liberty to speak evil of all others? If this be the Liberty they Fight for, certainly they espouse a very bad cause; however it is better than Liberty of extirpating the Protestants, which is what they really aimed at. But they have no reason to complain of the Protestant Members of Parliaments, either of his Majesties or his Father's time; they have Repealed many Acts that were prejudicial to the Natives, but never made any that were so. Are not the Persons they complain to have been Indicted in the King's Bench, guilty of the Crimes they are accused of? Have not those Soldiers that were Jurors, freehold in the proper Counties, and are they not capable to be Jurors according to Law? These Remonstrants cannot deny these things, and that their Rebellion forced these Gentlemen to be Soldiers; and yet they complain, as if it were unjust and a grievance. But the allegation that any body under Protection or the Public Faith was tried for his Life is not true, nor can they instance one; and their Protestation against the Proceed of Parliament is frivolous and vain: And their desire to have a New, (which they call a Free) Parliament, whereunto they may be chose, hath infinite inconveniences in it; for then these Criminals will be acquitted, and manage the most weighty affairs, and either exclude or outvote the Loyal Protestant Subjects, which have stuck by the Crown in this time of danger. But the truth is, that the Rebels have Murdered and Banished so many of the Protestant Freeholders' and Inhabitants of Corporations, that there can be very few, if any Protestants in a new Parliament at this time; whereby it would happen that what Protestants are left undevoured by the Sword, ☜ should be destroyed by colour of Justice, pursuant to their Oath of Confederacy. And as to the place, Dublin wants no other convenience but that of giving opportunity to Awe or Surprise the Chief Governor and the Members of Parliament; and as to the Person, that Nation doth not yield a Person of more honour and fortune than the present Lord Lieutenant, the Marquis of Ormond. And as to Poynings Act, the Repeal or Suspension of it is desired to deprive the King of the Advice of his Privy Councils of England and Ireland, and if it were done, perhaps they would without his Majesty's Knowledge transfer the Spiritual half of his Sovereignty to the Pope, and attaint his Protestant Subjects, and establish their Supreme Council, and alter the very form of Government; but to be sure they would acquit themselves, and deprive his Majesty of all the Forfeitures belonging to him by their attainders; and therefore it is unfit at this time by suspending that Act to make such criminous Parties their own Judges. Lastly, These Remonstrants who so loudly clamour against others, have nevertheless violated their own Public Faith, ☜ in breach of their Articles of the Cessation, by taking and detaining several Places and Estates they were to restore by that agreement; and by not paying any part of 30800 l. payable by those Articles at the time stipulated, and in not paying above half of it yet, to the Ruin of the Army that wanted it, and depended upon it. Appendix VII. The Substance of the Lord Macguires Examination. HE Saith, Burlace, Appendix 2, this Examination at large. That the Inhabitants of Lainster were first engaged in the Rebellion, and that Mr. Roger Moor first moved it to him; that the design was to maintain their Religion, and recover their Estates; that the Lord of Mayo was in the First Conspiracy; that they sent to consult the Irish in Spain and Flanders, and received assurance of their assistance; that the Earl of Tyrone sent them a Message, that Cardinal Richlieu had promised him Aid, and they sent him word that they would rise Twelve or Fourteen days before Alhollontide; that the Gentry of the Pale were very loath that any of the Irish Army should be sent to Spain, and opposed what they could in both Houses, and had several consultations about that, and to prepare for an Insurrection; and that Colonel Plunket and the rest that were to carry Four Thousand Men to Spain, proposed to Seize the Castle of Dublin, with those Men, and consulted with the Lord Macguire about it. That the Lord Gormanstown was acquainted with the Plot, and consented to it; that the 5 th' of October was the First day appointed, and because all were not then ready, it was changed to the 23 d. That Owen Roe had his Agent Captain Brian O Neal to promote the Conspiracy; that they were all to rise on the same day; that Mr. Moor and the Lord Macguire, and the Colonels Plunket and Birne were with Two Hundred Men to Seize the Castle of Dublin, and Sir Philem O Neale was to Surprise Londonderry, and Sir Henry O Neale was to do the like to Carigfergus, and Sir Con mac genis was to Seize the Newry, and all were to carry it fair to the Scots, till the business should be secure. That Captain Con O Neal came to Dublin with fresh assurance of assistance from Owen Roe and Cardinal Richlieu, and that but Eighty of the Two Hundred were come to Dublin the 22 th', and therefore they intended to defer their Attempt until the Afternoon of the next day. Appendix VIII. The Lord of Gormanstown's Commission; By the Lords Justices and Council. William Parsons. John Borlase. Right trusty and wellbeloved, We greet you well. WHereas, divers most disloyal and malignant Persons within this Kingdom, have tratierously conspired against His Majesty, his Peace, Crown and Dignity; and many of them in execution of their Conspiracy, are traitorously assembled together In a Warlike manner, and have most inhumanly made Destruction, and Devastation of the Persons and Estates of divers of His Majesty's good and loyal Subjects of this Kingdom, and taken, slain and imprisoned great Numbers of them: We out of our Care and Zeal for the common good, being desirous by all means to suppress the said Treasons and Traitors, and to conserve the Persons and Fortunes of His Majesty's loving Subjects here in Safety; and to prevent the further Spoil and Devastation of His Majesty's good People here, do therefore hereby require and authorise you to Levy, Raise and Assemble all every and any the Forces as well Footmen as Horsemen within the County of Meath, giving you hereby the Command in chief of all the said Forces; and hereby further requiring and authorising you as Commander of them in chief, to arm, array, divide, distribute, dispose, conduct, lead, and govern in chief the said Forces, according to your best Discretion; and with the said Forces to resist, pursue, follow, apprehend and put to death, slay and kill as well by Battle as other ways, all and singular the said Conspirators, Traitors, and their Adherents, according to your Discretion; and according to your Conscience and Discretion, to proceed against them, or any of them by Martial Law; by hanging them, or any of them till they be dead, according as it hath been accustomed in Time of open Rebellion; and also to take, waste, and spoil, their, or any of their Castles, Holds, Forts, Houses, Goods and Territories, or otherwise to preserve the Lives of them, or any of them, and to receive them into his Majesty's Favour and Mercy; and to forbear the Devastation of their or any of their Castles, Forts, Holds, Goods and Territories aforementioned, according to your discretion: Further hereby requiring and authorising you to do, execute and perform all and singular such other thing, for Examination of Persons suspected, discovery of Traitors and their Adherents; parlying with, and granting Protections to them or any of them; taking up of Carts, Carriages and other Conveniences; sending and retaining Spials, victualling the said Forces, and other things whatsoever conducing to the purpose aforementioned, as you in your discretion shall think fit, and the Necessity of the Service require; further hereby requiring and authorising you, as Commander in chief, to constitute and appoint such Officers and Ministers, respectively, for the better performance and execution of all and singular the Premises, as you in your discretion shall think fit. And we do hereby require and command, all and singular His Majesty's Sheriffs, Officers and Ministers, and loving Subjects, of and within the County of Meath, and the Borders thereof; upon their Faith and Allegiance to His Majesty, and to his Crown, to be aiding, helping and assisting to you, in the doing and executing of all and singular the Premises; This our Commission to continue during our pleasure only, and for the so doing, this shall be your sufficient Warrant. Given at His Majesty's Castle of Dublin, November 2 d. 1641. To our very good Lord Nicholas, Viscount Gormanstown. R. Dillon. Jo. Temple. Ja. Ware. Rob. Meredith. Appendix IX. The Deposition of Henry Jones, Doctor in Divinity and Dean of Kilmore. I Henry Jones, Doctor in Divinity, in obedience to His Majesty's Commission, requiring an Account of the Losses of his Loyal Subjects, wherein they suffered by the present Rebellion in Ireland: Requiring also a Declaration of what traitorous Words, Projects or Actions were done, said or plotted by the Actors or Abetters in that Rebellion; do make and give in this following Report of the Premises, to the best of my knowledge. As for the present Rebellion, howsoever the breaking out of this Fire into a Flame, began first on the 23 d. of October, yet was it smoking, as may well be conjectured for many years before; God having given us many and apparent Grounds for the Discovery of it, had they been duly considered or fully prosecuted to a discovery; of which kind we find these following four particulars. 1. The first, that about three or four years since, amongst many Books brought into Limeriek from foreign yarts, and seized upon by the Reverend Bishop of that See, as probibited, being thereunto authorized by the State, One had a written Addition to the first part which was printed; the Manuscript containing a Discourse of the Friars of the Augustine Order, sometimes seated in the Town of Armagh in Ulster, but by reason of the Times at that present resident (as that writing imported) in the City of Limerick in Munster; that while it flourished at Armagh, it was protected and largely provided for by the then Earl of Tyrone; Since whose expulsion out of Ireland, that Convent was also decayed, and driven to those distresses it did for the present undergo; but that within three years (this is as I remember, the time limitied) Ireland should find that he had a Son inheriting his Father's Virtues, who should restore that Kingdom to its former Liberty, and that Convent to its first Lustre, or words to that effect. This was related unto me by that zealous and learned Prelate, Doctor Webb, now Bishop of Limerick, who saw and read the said passage; purposing as his Lordship told me, to send that Book to the Lord Precedent of Munster, to be taken into further consideration. 2. Hereunto was added a second passage, about the same time at Limeriek aforesaid; where a Popish Priest gave out, that within three years, there should not be a Protestant in Ireland, or words to that purpose, with some other material Circumstances, which I do not now remember; yet all so concurring with the former, or the first to this (for which preceded I know not, both being about one time) that it was thought fitting to be considered of, the said Priest being sent unto the Lords Justices at Dublin, and he committed to the Castle. 3. The third did agree with the two former, and fell out about the same time in the Country of Westmeath, in the Province of Linster; where Walter Nugent of Rathaspeck, in the said County, Eldest Son the Walter Nugent Esquire (a Man of great Fortunes) upbraiding an Irish Protestant, who was the Parish Clark of Rathaspeck aforesaid, with his Religion; and both speaking Latin, the said Newgent uttered these words; Infratres Annos veniet tempus & potentia in Hibernia quando tu long (likely meaning diu) pendebis in cruce propter Diabolicam vestram Religionem. The party to which this was spoken, (feared the power of the man) and durst not speak of it, only in private; yet being called upon, and examined juridically upon Oath, he deposed these words. And being demanded whether the words were in Hiberniam, or Hibernia; the first importing an Invasion, the other an Insurrection at home; he deposed the latter, having time given him to consider of it. These Examination were sent to Sir George Ratcliff; Newgent was sent for, and committed to the Castle of Dublin, and remained in long durance, but after was dismissed. 4. Hereunto was added the fourth, about the same time near the Nass, about Twelve Miles from Dublin; where a Popish Priest newly arrived out of Flanders, did make his Address to the then Lord-Deputy, and informed his Lordship of an intercourse of Letters between the Earl of Tyrone with others in Flanders; and the Popish Primate of Armagh, (Rely) concerning an Invasion within a short time intended upon Ireland; the said Priest offering, (so his Person might be secured) to direct such as should be thereunto appointed, to the place where the said Letters were in the Custody of the said Rely: Rely was thereupon sent for, together with the Popish Vicar General of Armagh; as I remember it, both were committed to the said Castle of Dublin, but soon after released, and the informer dismissed with ten pounds, and a Suit of clothes or some such Reward. 5. Hereunto may be further added another, not so plain as the former; that about the same time the Lord Baron of Dunsany did ride in disguise throughout all the parts of Munster, pretending to satisie his curiosity in the knowledge of Places and Persons, he not being discovered until his return at the Birr, where having offered himself to be bound for one of his Company, he writ himself in his own stile; being loath to leave under his Hand a testimony of his disguised Person and assumed Name. Hereunto may be added a Motion made by the Recusant Party in the Parliament of Ireland, for hindering the sending away of certain Colonels with their Forces raised in the Kingdom, and pretended to be for Service of Foreign parts; many wondering it should proceed from them, but therein, considering these their former Practices their intentions may be discovered to be far different from what others conceived thereof, who assented thereunto; the employing so many Thousands abroad, being a great weakening of the Forces they purposed for this their soon after following Rebellion. To descend now from the Antecedents of this Treason, to the falling in thereupon; and lastly to the consequents, and what thereby hath been intended, supposing it to succeed, and that it attained the desired effect, which by them was not doubted of. And first for the entrance thereinto; howsoever that the groundwork were long since laid, yet would they not have it so to seem: But new occasion must be found, as the sole Cause of their breaking Out; this being intended for the satisfying the minds of such of their own, as have not hitherto been acquainted with the depth and mystery of this iniquity, that they might not stand amazed at the suddenness of the undertaking, or stand off from joining with them in the worst part of their designs, it being an apparent Rebellion. The fittest means for this, must have been by casting aspersions on the present Government, which if long tolerated would prove extremely dangerous, not only to their Religion but their Lives and Posterity. For effecting hereof, reports were cast out, that in the Parliament of England, the cutting off of all the Papists in Ireland of what degree soever was concluded upon; the Execution of that resolution being committed to the Counsel in Ireland. The Lords Justices (said they) had laid down a day for this work, being the 23 d. of November than next following, and now last past or thereabouts; for the better, more secure and more secret managing of this pretended Plot, such of the Popish Nobility and Gentry of both Houses as appeared in Parliament at Dublin should be secured; And for the drawing together of the rest amongst other pretences, this alleged to be one, That his Majesty's Rents were purposely omitted and not called upon in Easter Term, with that earnestness as formerly, and that such as made default should be Summoned to appear in Michadmas Term at Dublin, and there surprised; such of them as were in the Country (wanting the Heads) being easily cut off. They say that this pretended Plot was I know not how discovered to them; so that for the safety of their Lives and Profession they were enforced to stand upon their Guard, and to Counter-work that day of the 23 d. of November, laid for their Destruction, by their declaring themselves in Arms on the 23 d. of October, a Month before. The serious part of this discourse was related to me by a Friar intimate in their Counsel, and by a Priest, a Popish Vicar General, thereby to give me satisfaction and to justify their proceed, whose Names I do for the present forbear, In respect of his Majesty's Service. By others also it was informed, that this Plot was mainly intended in that Session of Parliament next after the Earl of strafford's beheading, and the manner concluded upon In the Popish private meetings, which were then observed to be frequent, and by some suspected might prove dangerous, and that for discovery of what provision of Arms and Ammunition our store of Dublin afforded (it being by some suspected that most was sent before to Carrickfergus,) one of the Popish Faction in the House of Commons, put one of the Protestant Members to move, ☜ that some of the Earl of strafford's men had cast out some threatening Words against the Parliament in revenge of his Lord, which could not be conceived to end in less than a Blowing up of the whole Houses of Parliament, the Store lying under them; whereupon a Committee of both Houses, many of them prime Papists were appointed to make search in all the corners of the Store; amongst these the Lord Mac Guire was one who was observed, without occasion to be liberal in disposing of Money to some of the Officers of the Store, in a way more than was ordinary with him. The last Sessions of Parliament being Prorogued, and the time drawing nigh for putting their design in Execution, there was a great meeting appointed of the Heads of the Romish Clergy and other Laymen of their Faction, said to be at the Abbey of Mullifarnam in the County of Westmeath, where is a Convent of Franciscans, thereof openly and peaceably possessed for many years last passed; the day of their meeting being also on their Saint Francis day, about the beginning of October last, but the time and place I cannot confidently affirm; yet howsoever the several opinions and discussions are as follow, like as I have received it from the said Friar, a Franciscan, and present there, being a Grardian of that Order; where among many other things there debated, the question was what course should be taken with the English and all others that were found in the whole Kingdom to be Protestants? The Council was therein divided. 1. Some were for their Banishment without attempting on their lives, for this was given the Instance of the King of Spain's expelling out of Granado and other parts of his Dominions, the Moors to the number of many Hundred thousands, all of them beirg dismissed with their Lives, Wives and Children, with some part of their Goods (if not the most part;) that this his way of proceeding redounded much to the Honour of Spain; whereas the slaughter of many Innocents' wouls have laid an everlasting blemish of Cruelty on that State; that the like usage of the English their Neighbours, and to whom many there present owed (if no more) yet their education, would gain much to the cause both in England and other parts: That their Goods and Estates Seized upon, would be sufficient without meddling with their Persons; that if the contrary course were taken, and their Blood spilt, besides the Curse it would draw from Heaven upon their cause, it might withal incense and provoke the Neighbour Kingdom of England, and that justly, to take a more severe revenge on them and theirs even to extirpation if it had the upper hand. 2. On the other side was urged a contrary proceeding, to the utter cutting off all the English Protestants; where to the Instances of the dismissed Moor's it was answered, that that was sole act of the King and Queen of Spain contrary to the Advice of their Council, which howsoever it might gain that Prince a name of Mercy, yet therein the event shown him to be most unmerciful, not only to his own, but to all Christendom besides. That this was evident in the great and excessive charge that Spain hath been since that time put unto by these Moors and their Posterity to this day. All Christendom also hath and doth still groan under the miseries it doth suffer by the Piracies of Algiers, Sally and the like Dens of Thiefs. That all this might have been prevented in one hour by a general Massacre; applying that it was no less dangerous to expel the English: That these Rob and Banished men might again return with Swords in their hands, who by their hard usage in spoiling might be exasperated, and by the hope of recovering their former Estates, would be incensed far more than strangers that were sent against them, being neither in their Persons injured nor grieved in their Estates; that therefore a general Massacre was the safest and readiest way for freeing the Kingdom of any such fears. 3. In which diversity of Opinions, howsoever the first prevailed with some, for which the Franciscans (saith this Friar, one of their Guardians) did stand, yet others inclined to the Second; some again leaned to a Middle way, neither to dismiss nor kill. And according to this do we find the event and course of their proceed. In some places they are generally put to the Sword, or to other Miserable ends; some restrain their Persons in durance, knowing it to be in their hands to dispatch them at their pleasures; in the mena time they being reserved either for profit by their Ransom, or for exchange of Prisoners, or gaining their own Pardons by the lives of their Prisoners, if Time would serve, or by their death (if the worst did happen) to satisfy their fury. The Third sort at the first, altogether dismissed their Prisoners, but first having spoiled them of their Goods, and after of their Raiment, exposed the miserable wretches to Cold and Famine, whereby many have perished by deaths, worse than Sword or Halter. Hitherto of their Councils and the effects of them. Now for their intentions, all being reduced (which God forbidden) into their Power; and thereof they do as by some Law, give such peremptory conclusions, that it may well be wondered the thoughts of men professing themselves wise, should be so vain; and herein I do still follow mine Informer. First, Their Loyalty to his Majesty shall be still reserved. Thus say they of the modest sort; but both his Revenues and Government must be reduced to certain bounds; His Rents none other than the ancient Reservations before the Plantation, and the Customs so ordered as to them shall be thought fitting. Secondly, For the Government; such as would be esteemed Loyal, would have it committed to the hands of two Lords Justices, one of the ancient Irish race, the other of the ancient British Inhabitants in the Kingdom; Provided that they be of the Romish profession. Thirdly, That a Parliament be forthwith called, consisting of whom they shall think fit to be admitted, wherein their own Religious men shall be assistants. Fourthly, Poinings Act must be Repealed, ☜ and Ireland declared to be a Kingdom Independent on England; and without any reference unto it in any case whatsoever. Fifthly, All Acts prejudical to the Romish Reiligion shall be abolished, and it to be Enacted, That there be none other Profession in the Kingdom but the Romish. Sixthly, That only the ancient Nobility of the Kingdom shall stand, and of them, Such as shall refuse to conform to the Romish Religion to be removed, and others put in their room; howsoever the present Earl of Kildare must be put out, and another put in his place. Seventhly, All Plantation Lands to be recalled, and the anuient Proprietors to be Reinvested in their formere Estates, with the limitations in their Covenant expressed; That they had not formerly Sold their Interests on valuable considerations. Eightly, That the respective Counties of the Kingdom be Subdivided, and certain Bounds or Baronies assigned to the chief Septs and others of the Nobility, who are to be answerable for the Government thereof; and that a standing Army may be still in being; the respective Governors being to keep a certain Number of men to be ready at all Rise out (as they term it:) They also being to build and maintain certain Fortresses, in places most convenient within their Precincts; and that these Governors be of absolute Power, only responsible to the Parliament. Lastly, For maintaining a correspondence with other Nations, and for securing the Coasts; That also they may be rendered considerable unto others, a Navy of a certain number of Ships is to be maintained: That to this end, five Houses are to be appointed, one in each Province, accounting Meath for one of them: That to these Houses shall be allotted an Annual Pension of certain Thousands of Pounds to be made up of part of the Lands appropriate to Abbeys; and a further contribution to be raised in the respective Provinces to that end: That these Houses are to be assigned to a certain Order of Knights, answerable to that of Malta, who are to be Seamen: And to maintain this Fleet, that all prizes are to be appointed, some part for a Common Bank, the rest to be divided; to which purpose the felling of Woods serviceable for this use, is to be forbidden. The House for this purpose to be Assigned to the Provice of Leinster is Kilmainham or rather Howth, the Lord of Howth to be otherwise accommodated, provided that he join with them; that place being esteemed most convenient in respect of Situation. For effecting of all which, they cast up the Accounts of the whole Forces of this Kingdom; ☜ that it is able to make up readily Two hundred thousand able men, wanting only Commanders, and some expert Soldiers for the present with Arms and Ammunition; of all which, they expect a speedy supply out of Flanders, their own Regiments there Exercised, being to be sent over, and some Ships from Spain allotted for Service: That this Kingdom being settled, There are Thirty thousand men to be sent into England to join with the French and Spanish Forces; and the Service in England performed, jointly to fall upon Scotland, for reducing both Kingdoms to the obedience of the Pope, which being finished, they have engaged themselves to the King of Spain for assisting him against the Hollanders. And for drawing their followers to some Head, and for giving the fairer Gloss to their foul Rebellion, it is to be admired what strange and unlikely rumours of their own devising they cast abroad; sometimes that many Sail of Spaniards are Landed, now at one Port, then at another; that Drogheda was taken at such a day and hour, with all the circumstances at large, and Letters to that purpose dated from Drogheda by the Rebels that that besieged it: That Dublin was taken; and being infinitely Ambitious of gaining the Earl of Ormond to their Part, for the greater countenance to their Cause, giving out that he was their own, which was so long believed by the said followers, until that Noble Earl giving daily those Honourable Testimonies to the contrary, and they finding it to their cost, tho' with the hazard of his own Person, further than his place might well allow; they are now otherwise satisfied, and place him in the rank of their mortal Enemies, together with that terror to them, Sir Charles Coot and others. And thus have I laid down all that I have heard to me related, omitting what I find others more largely to insist upon. All which their Treacherous, vain and Airy projects, God disappoint. As for my own private sufferings by the present Rebellion, I refer them to another Schedule, this being so far taken up, Hen. Jones. Deposed before us March 3d. 1641. Roger Puttock, John Stern, John Watson, William Aldrich, William Hitchcock. Appendix X. An Abstract of the Examination of Doctor Robert Maxwell, afterwards Bishop of Kilmore. THAT he observed Sir Phelim O Neal and other Irish overjoyed at the Scots Invasion of England, and as much dejected at the Pacification, calling the English base degenerate Cowards, and the Scots dishonourable Bragodochios, that merchandized their Honour for Money; and being asked the reason of their joy at bad news, and their sorrow at good, answered, That if the Feud had continued, they hoped the Earl of Strafford would have perished in the Combustion. That the Irish had frequent meetings Two or Three thousand in a company before the Rebellion, and borrowed great Sums of Money of the English without any apparent necessity, but paid little or none: that one Mac Case a Priest, being disobliged by Sir Phelim, informed the Lord Deputy Wandesford of a Plot, but either he was not believed, or said nothing to the purpose. That Phelim O Neal brought home two Hogsheads of Powder under colour of Wine, a little before the Rebellion, and the Powder was bought by small parcels, Ten or Twelve pound at a time, in the Names of several Gentlemen; and he bragged that his Servants James Warren and Paul O Neal were in the Plot, and apprehended, but contrary to his expectation were dismissed at Council Table, and that some Lord or other spoke for them there. That Sir Phelim O Neal said that the Plot was in his Head Five or Six years before he could bring it to maturity, and dissembled himself as a Fool to bring it about, but since it was concluded on by the Catholic Members of the Parliament, he was one of the last it was communicated to. That Tirlogh O Neal, (Sir Phelim's Brother) said that the business was communicated by the Irish Committee to the Papists in England, who promised their Assistance, and that by their advice some things formerly resolved on were altered, and that it was a good Omen and Sign of Divine Approbation that the major part of the Irish Committee were Papists; and that whilst the Protestants retired to a separate meeting at Chichester-Hall, the remaining Papists signed a Combinatory writing of this Rebellion in the Tolsel, which that Session drew on, sooner than was at first intended. That Sir Phelim said, That if the Lords and Gentlemen of the other Provinces, than not in Arms, would not rise but leave them in the Lurch for all, he would produce their Warrant Signed with their Hands, and Written in their own Blood, that should bring them to the Gallows, and that they Sat every day at Council Board, and whispered the Lords Justices in the Ear, who were as deep in that business as himself. That the Earl of Antrims Sister said, Her Brother had taken Dublin Castle, being removed thither to that purpose, and her Brother Alexander, had taken Carigfergus, and that all Ireland was in the same Case with Ulster: That the British should be preserved as long as it was consistent with public safety, and when not, ' 'tis better an Enemy perish than ones self. That Alexander Hovenden, half Brother to Sir Phelim, told him that the Friars of Drogheda, (by Father Thomas, Brother to the Lord of slain) had the Second time invited Sir Phelim, and offered to betray the Town to him; and Sir Phelim said of the same Friar, that he said Mass at Finglass on Sunday morning, and in the afternoon did beat Sir Charles Coot at Swords; and the Friar being by, answered, that he hoped to say Mass at Christchurch, Dublin, within eight Weeks. That several of the Irish Officers and Friars said, Why may not we as well fight for Religion, which is the Substance, as the Scots fight for Ceremonies, which are but Shadows? and that strafford's Government was intolerable; and being answered that it lay no heavier on them than on the British; they replied, the British were no considerable part of the Kingdom; and besides they were certainly informed, that the Parliament of England had a Plot to bring the Papists to Church or cut them off, viz. in England by English, and in Ireland by the Scots; that they were sure of aid next Spring from the Pope, France, and Spain, and that the Clergy of Spain had already contributed Five thousand Arms and Powder for a whole Year then in readiness: That the Priests and Friars were their best Agents, especially Paul O Neal, upon whose arrival with advice from Spain the War broke out, and since that, he had gone to Spain with Letters, and returned back again with instructions in a Month. That being asked why they pretended a Commission from the King, and at other times from the Queen, they answered, That it was Lawful for them to pretend what they could in advancement of their Cause, and that in all Wars, Rumours and Lies served to as good purpose as Arms. That Sir Phelim at first pretended only to Liberty of Conscience, but as his Success so his Demands increased, viz. To have all Offices of State and Justice in Irish hands, and no Army, Tithes and Church-Lands be restored to the Papists; all Plantations since 1 Jacobi Dissanuled; no payment of Debts nor restitution of Goods to the Protestants; all Fortiffcations in Popish hands; British to be restrained from coming over; Poynings Act and all Statues against Papists repealed, and the Irish Parliament made Independent, and even all this would not reduce Sir Phelim without a grant of the Earldom of Tyrone, and the Privileges of O Neal. That Sir Phelim pretended to a Prophecy, that he should drive King Charles and his whole Posterity out of England, to be profugi in terta aliena in aeternum; and that several great Men drank a Health on the Knee to Sir Phelim O Neal Lord General of the Catholic Army in Ulster, Earl of Tyrone, and King of Ireland. That he was informed, That an Alderman of Dublin who was bound in One thousand Pound Reognisance for the appearance of a young Rebel, did nevertheless advise him to make his escape, as he afterwards did. That Captain Walter White told him that Roger Moor and Brian O Neal were two of those that were to Seize on the Postern door of the Castle of Dublin, and that himself (White) was in the Plot and knew it to be so. That Sir Phelim told the Deponent, that he was invited to Strabane, tho' to colour the business they shot Nine or Ten shot over his Head. That Dr. Daly said, That Sir Phelim would never have undertaken Ulster if he had not been persuaded that the Earl of Antrim would have taken Arms as soon as himself; and others said, his Approbation was as much in the business as theirs, but that when it came to action he durst not show his Face for fear of discomposing his clothes: That when Owen Mac Clymon told him, that the common Cause suffered by his Non-concurrence; Antrim answered, That is was spoiled already by Bloodshed and Robbery, and that he would not declare himself till after May-day; and he said at another time, That he saw nothing amongst them but desolation and execrable cruelty, for which Gods wrath and the King's revenge would speedily overtake them. That the Deponent heard that the General had his Intelligence from Mrs. May of Dublin. That the Rebels were afraid of their Harvest, and if Monro● had Garrisoned Armagh, Dungannon, and Monaghan, he had made himself Master of all the Corn in those Three Counties, without which the Rebels could not subsist the following Winter. That Sir Phelim and his Officers in all Warrants, Passes, etc. leave out the words, in his Majesty's name; if a Warrant in that Form be tendered, they seldom Sign it, however they doubt show that for the Cause. That they Murdered even such as turned Papists, and that their own Priests brought in an account of One hundred fifty four thousand British, ☜ Slaughtered and Destroyed. That there are not Two hundred British left alive amongst the Rebels; that Art O Neal's Nephew told him, That his Uncle had but one Scotch Tenant, and that he gave orders to murder him to evidence his Zeal to the common Cause; that Sir Phelim designed to write a Letter to the Bishop of Derry, importing. Correspondence between them, in hopes that upon discovery of it, the Scots would cut the Bishop in pieces. That the Irish laughed at the Protestants for keeping their words with them, saying, it was a tacit Confession they were no Heretics. He says, That by Sir Phelim's order they dragged his Brother James Maxwell out of his Bed in the height of a burning Fever, and murdered him two Miles from a Church that he might not have Christian Burial; and that his Wife Grizel Maxwell being in Labour, they stripped her stark naked and drove her about an Arrow flight to the Blackwater and drowned her; and did the like to another Woman; and that they cut a collop out of each Buttock of Mr. Watson, and afterwards Roasted him Alive. That a Scotchwoman was found dead in Glyn wood, her Belly ripped up and a living Child crawling in her Womb cut out of the Cawl. That they threw Mr. Starky and his two Daughters into a Turf-pit. That they cut the Flesh off from the living English Cattle to make them die in torment. That they murdered the Irish Servants that proved faithful to the English. That Sir Phelim's Mother Mrs. Hoveden preserved many English, and his half Brother Captain Hoveden was also very kind to the Protestants, and being troubled at the Cruelty he saw, he broke out into this Expression, Who will ever trust the Irish again, who have neither kept their Promises to God, nor Protestations to Men? That Dr. Daly for vehemently Preaching against Murder, was forced to fly; but Patrick O Kelly and Gilduff Mac Tynny never admitted Goods rob from the British into their Houses. That very many Protestants were Buried alive, and the Irish took delight to hear them talk as they digged the Ditches upon them; but they buried none of them that were dead. That the Rebels would send their Children in great numbers, with Whips and Wattles, to beat and thrash off the men's privy Members, which done, the Children would return with joy, and were received by their Parents in triumph for that Service; they would leave People mortally Wounded on purpose that they might die in Torment. That one Boy having his Backbone broken eat all the Grass round him, and then they removed him to a better Pasture, so keeping him in Misery till he died. That the Rebels confessed they had Murdered Nine hundred fifty four in one Morning in the County of Antrim, and they supposed they had killed Eleven or Twelve hundred more in that County; and that Colonel Bryan O Neal killed One thousand in the County of Dowen, besides Three hundred near Killeleagh, and many Hundreds both before and after in both these Counties. That they Burned Twenty four alive in a House, and delighted in their outcries. That Sir Phelim killed Six hundred at Garvagh, and had left neither Protestant Man, Woman, or Child, in a whole Barony in Tyrone. That above Two thousand British were Murdered in their own Houses, and above Twelve hundred in Glenwood. That One thousand have been destroyed at Portadown, and many thousands near Mountjoy and Clanbrazil, for there did not Three hundred escape out of all those quarters. That One hundred and ten were taken out of the Deponents house at several times and drowned at Curribridge; and Six hundred perished in the Parish of Tynon. That the Papists of the Pale were more cruel than Sir Phelim, and egged him on to destroy the Protestants. That he knew a Boy that killed Fifteen men with a Skein, they being disarmed and most of them in the Stocks, and another murdered Two Women and a man, and a Woman killed Seven Men and Women in one Morning; and the Popish Children used to kill the Protestant Children with Lath Swords well sharpened, etc. Deposed the 22d. of August 1642. Roger Maxwell. John Watson, William Aldrich. Appendix XI. The Rebel's Declaration upon what Terms Protestant's may live within their Quarters. WHereas we are informed, that it is generally conceived and believed by the English and Scottish Protestants, Inhabitants of this Kingdom; that we the Lords, Gentry, and others of the said Kingdom have taken Arms, and raised forces for the extirpating and banishing them out of this Kingdom, thereby to acquire to ourselves their Goods and Estates; We therefore desire to be rightly understood, for we hereby declare, that we never consented nor intended, nor never will intent nor condescend to any such Act, but do utterly disclaim therein; but that each Man known to be a moderate conformable Protestant, may as well as the Roman Catholic respectively enjoy the Freedom of their own Religion, and peaceably and quietly enjoy their own Estates, so far forth as they or any of them, shall join with us in this Act following. J. A. B. Do in the Presence of Almighty God, and all the Angels and Saints in Heaven; and by the Contents of this Bible, promise, vow, swear and protest, to bear Faith, and true Allegiance to Our Sovereign Lord King Charles, and the Heirs and Successors of His Body begotten; and will defend Him and Them as far as I may with my Life, Power and Estate; against all Persons that shall attempt any thing against His or Their Persons, Honours, Estates or Dignities; and that I will in exposing myself, Power and Estate, join with the Irish Army, or any other, to recover His Royal Prerogatives, forcibly wrested from him by the Puritans, in the Houses of Parliament in England; and to maintain the same against all others, that shall directly or indirectly endeavour to suppress, or do any Act contrary to real Government; as also to maintain Episcopal Jurisdictions, and the Lawfulness thereof, in the Church-Power, Privileges of Prelates, the lawful Rights and Privileges of the Subjects; and I will do no Act or thing directly or indictly to prejudice the Public Exercise of the Roman Catholic Religion, in any of His Majesty's Dominions; and that I will join with, and be assisting to the Members in the Common-weal, for Redresses to be had of the Grievances and Pressures thereof, in such Manner and Form, as shall be thought fit by a lawful Parliament; and to my Power as far as I may, ☜ I will oppose and bring to condign Punishment, even to the loss of Life and Liberty, and Estate, all such as shall either, by Force or Practice, Counsels, Plots, Conspiracies or otherwise, do or attempt any thing to the contrary of any Article, clause or thing in this present Oath, Vow and Protestatation contained; and neither for Hope of Reward of Fear of Punishment, nor any respect whatsoever, shall relinquish this Oath and Protestation: So help me God. This Declaration and Oath, was entered in the Counsel Book of Kilkeny, and this a true Copy thereof; Witness my Hand this Ninth of May, 1644. Hierome Green, Cler. Counsel Kilkeny. Appendix XII. The Protestation and Declaration of the Lords Spiritual and Temporal, and Commons in Parliament Assembled against the Irish Rebellion, the 17th. of November, 1641. WHereas the happy and peaceable Estate of this Realm hath been of late, and is still interrupted by sundry Persons, ill affected to the Peace and Tranquillity thereof; who contrary to their Duty and Loyalty to His Majesty, and against the Laws of God, and the fundamental Laws of this Realm; have traitorously and rebelliously raised Arms; seized upon His Majesty's Forts and Castles, and dispossessed many of his faithful Subjects of their Houses, Lands and Goods, and have slain many of them, and committed other cruel and inhuman Outrages, and Acts of Hostility within this Realm. The said Lords and Commons in Parliament Assembled, being justly moved with a right Sense of the said disloyal Rebellious Proceed and Actions of the Peesons aforesaid; do hereby protest and declare, that the said Lords and Commons from their hearts, do detest and abhor the said abominable Actions; and that they shall and will to their utmost Power, maitain the Rights of His Majesty's Crown and Government of this Realm, and the Peace and Safety thereof; as well against the Persons aforesaid, their Abbetters and Adherents; as also against all foreign Princes, Potentates, and other Persons and Attempts whatsoever. And in case the Persons aforesaid, do not repent of their aforesad Actions, and lay down Arms, and become humble Suitors to His Majesty for Grace and Mercy, in such convenient Time, and in such manner and form, as by His Majesty, or the chief Governor or Governors, and the Council of this Realm shall be set down; The said Lords and Commons do further protest and declare, that they will take up Arms, and will with their Lives and Fortunes suppress them, and their Attempts; in such a way as by the Authority of the Parliament of this Kingdom, with the Approbation of his Excellent Majesty, or of His Majesty's chief Governor or Governors of this Kingdom, shall be thought most effectual. Appendix XIII. His Majesty's Proclamation against the Irish Rebellion. By the KING. Whereas divers lewd and wicked Persons have of late risen in Rebellion in our Kingdom of Ireland; surprised divers of our Forts and Castles, possessed themselves thereof; surprised some of our Garrisons, possessed themselves of some of our Magazines of Arms and Ammunition; dispossessed many of our good and loyal Subjects of the British Nation, and Protestants, of their Houses and Lands; rob and spoiled many Thousands of our good Subjects of the British Nation and Protestants, of their Goods to great values; Massacred multitudes to them, imprisoned many others, and some who have the Honour to serve us as Privy Councillors of that our Kingdom: We therefore having taken the same into our Royal consideration, and abhorring the wicked Disloyalty and horrible Acts committed by those Persons; do hereby not only declare our just Indignation thereof; but also do declare them and their Adherents and Abettors, and all those who shall hereafter join with them, or commit the like Acts on any of our good Subjects in that Kingdom, to be Rebels and Traitors against our Royal Person, and Enemies to our Royal Crown of England and Ireland. And we do hereby strictly charge and command all those Persons, who have so presumed to rise in Arms against us and our Royal Authority (which we cannot otherwise interpret than Acts of high Rebellion, and detestable Disloyalty, when therein they spoil and destroy our good and loyal Subjects of the British Nation, and Protestants) that they immediately lay down their Arms, and forbear all further Acts of Hostility; wherein if they fail, we do let them know, that we have authorized our Justices of Ireland, and other our chief Governor or Governors, and General or Lieutenant-General of our Army there; and do hereby accordingly require, and authorise them, and every of them, to prosecute the said Rebels and Traitors with Fire and Sword, as Persons who by their high Disloyalty against us their lawful and undoubted King and Sovereign, have made themselves unworthy of any Mercy or Favour; whereinour said Justices or other Governor or Governors, and General or Lieutenant-General of our said Army, shall be countenanced and supported by us and by our powerful Succours of our good Subjects of England and Scotland, that so they may reduce to Obedience those wicked Disturbers of that Peace, which by the Blessing of God that Kingdom hath so long, and so happily enjoyed under the Government of our Royal Father and Us. And this our Royal Pleasure, We do hereby require our Justices, or other chief Governor or Governors of that our Kingdom of Ireland, to cause to be published and proclaimed in, and throughout our said Kingdom of Ireland; Given under our Signet at our Palace of Westminster, the First Day of January, in the 17 th'. Year of our Reign, 1641. Appendix XIV. The Oath of Association taken by the Irish Rebels. The Preamble. WHereas the Roman Catholics of this Kingdom, have been enforced to take Arms for the necessary Defence and Preservation as well of their Religion, plotted, and by many foul Practices endeavoured to be quite suppressed by the Puritan Faction, as likewise their Lives, Esttates and Liberties; as also for the Defence and Safeguard of His Majesty's regal Power, just Prerogatives, Honour, State, and Rights invaded upon; and for that it is requisite, that there should be an unanimous Consent, and real Union between ALL the Catholics of this Realm; to maintain the Premises, and strengthen them against their Adversaries: It is thought fit by them, that they, and whosoever shall adhere unto their Party, as a Confederate; should for the better Assurance of their adhering Fidelity and Constancy to the Public Cause, take the ensuing Oath. The Oath of Association. J. A. B. do profess, swear and protest before God, and his Saints, and his Angels; that I will during my Life bear true Faith and Allegiance to my Sovereign Lord Charles, by the Grace of God King of Great Britain, France and Ireland, and to his Heirs and lawful Successors; and that I will to my Power during my Life, defend, uphold, maintain all his and their just Prerogatives, Estates and Rights; the Power and Privileges of the Parliament of this Realm; the fundamental Laws of Ireland; the free Exercise of the Roman Catholic Faith and Religion throughout this Land, and the Lives, just Liberties, Possessions, Estates, and Rights of all those that have taken or shall take this Oath, and perform the Contents thereof; and that I will obey and ratify all the Orders and Decrees made, and to be made by the Supreme Council of the Confederate Catholics of this Kingdom, concerning the said public Cause; and that I will not seek directly or indirectly any Pardon or Protection, for any Act done or to be done touching this general Cause, without the Consent of the Major part of the said Council; and that I will not directly or indirectly do any Act or Acts that shall prejudice the said Cause; but will to the hazard of my Life and Estate, assist, prosecute and maintain the same. Moreover I do further swear, that I will not accept of or submit unto any Peace made, or to be made with the said confederate Catholics, without the Consent and Approbation of the General Assembly of the said confederate Catholics. And for the preservation and strengthening of the Association and Union of the Kingdom; that upon any Peace or Accommodation, to be made or concluded with the said confederate Catholics as aforesaid; I will to the utmost of my Power insist upon, und maintain the ensuing Propositions, until a Peace as aforesaid be made, and the matters to be agreed upon in the Articles of Peace, be established and secured by Parliament. So help me God. The Propositions mentioned in the aforesaid Oath. 1. THAT the Roman Catholics, both Clergy and Laity to their several Capacities have free and public Exercise of the Roman Catholic Religion and Function throughout the Kingdom, in as full Lustre and Splendour as it was in the Reign of King Henry the Seventh, or any other Catholic Kings his Predecessors, Kings of England and Lords of Ireland, either in Ireland or England. 2. That the secular Clergy of Ireland, (viz.) Primates, Arch-Bishops, Bishops, Ordinaries, Deans, Deans and Chapters, Arch-Deacons, Prebendaries, and other Dignitaries, Parsons, Vicars, and all other Pastors of the Secular Clergy; and their respective Successors, shall have and enjoy all, and all Manner of Jurisdictions, Privileges, Immunities, in as full and ample Manner, as the Roman Catholics Secular Clergy, had or enjoyed the same within this Realm at any Time, during the Reign of the Late Henry the Seventh; Sometimes King of England, and Lord of Ireland: Any Law, Declaration of Law, Statute, Power and Authority whatsoever, to the contrary notwithstanding. 3. That all Laws and Statutes made since the Twentieth Year of King Henry the Eighth; whereby any Restraint, Penalty, Mulct, Incapacity or Restriction whatsoever is, or may be laid upon any of the Roman Catholics, either of the Clergy or of the Laity, for such the said free Exercise of the Roman Catholic Religion within this Kingdom, and of their several Functions, Jurisdictions and Privileges, may be repealed, revoked, and declared void by one or more Acts of Parliament to be passed therein. 4. That all Primates, Archbishops, Bishops, Ordinaries, Deans, Deans and Chapters, Archdeacon's, Chancellors, Treasurers, Chanters, Provosts, Wardens of Collegiate Churches, Prebendaries and other Dignitaries, Parsons, Vicars, and other Pastors of the Roman Catholic, Secular Clergy, and their respective Successors, shall have, hold and enjoy, all the Churches and Church-living in as large and ample Manner, as the late Protestant Clergy respectively enjoyed the same, on the First Day of October, in the Year of our Lord 1641; Together with all the Profits, Emoluments, Perquisites, Liberties, and the Rights to their respective Sees and Churches, belonging, as well in all places now in the Possession of the Confederate Catholics, as also in all other places, that shall be recovered by the said Confederate Cathollcks from the adverse party within this Kingdom, saving to the Roman Catholic Laity their Rights, according to the Laws of the Land. Appendix XV. The Pope's Bull to the Irish. HAving taken into our serious consideration the great Zeal of the Irish towards the propagating of the Catholic Faith, and the Piety of the Catholic Warriors in the several Armies of that Kingdom (which was for that singular fervency in the true worship of God, and notable care had formerly in the like case by the Inhabitants thereof, for the maintenance and preservation of the same Orthodox Faith, called of old the Land of Saints;) and having got certain notice, how in imitation of their Godly and Worthy Ancestors, they endeavour by force of Arms to deliver their thralled Nation from the Oppressions and Grievous Injuries of the Heretics, wherewith this long time it hath been afflicted, and heavily burdened; and gallantly do what in them lieth to extirpate and totally root out those workers of Iniquity, who in the Kingdom of Ireland had infected and always striven to infect the Mass of Catholic Purity with the pestiferous Leaven of their Heretical contagion: We therefore being willing to cherish them with the gift of those Spiritual graces, whereof by God we are ordained the only disposers on Earth, by the mercy of the same Almighty God, trusting in the Authority of the Blessed Apostles Peter and Paul, and by virtue of that power of binding and losing of Souls, which God was pleased (without our deserving) to confer upon us; To all and every one of the faithful Christians in the aforesaid Kingdom of Ireland now, and for the time Militating against the Heretics, and other Enemies of the Catholic Faith, they being truly and sincerely penitent, after Confession and the Spiritual refreshing of themselves with the Sacred Communion of the Body and Blood of Christ; do grant a full and plenary Indulgence, and absolute Remission for all their Sins, and such as in the holy time of Jubilee is usual to be granted to those that devoutly visit a certain number of Privileged Churches within and without the Walls of our City of Rome. By the tenor of which present Letters, for once only and no more, we freely bestow the favour of this Absolution upon all and every one of them; and withal desiring hearty all the Faithful in Christ, now in Arms as aforesaid, to be partakers of this most precious Treasure. To all and every one of these foresaid Faithful Christians, we grant Licence, and give power to choose into themselves for this effect any fit Confessor, whether a Secular Priest, or a Regular of some order, as likewise any other Selected Person, approved of by the Ordinary of the Place, who after a diligent hearing of their Confessions, shall have power to liberate and absolve them from Excommunication, Suspension, and all other Ecclesiastical Sentences and Censures, by whomsoever, or for what cause soever pronounced or inflicted upon them: As also from all Sins, Trespasses, Transgressions, Crimes and Delinquences how heinous and atrocious soever they be, not omitting those very enormities in the most peculiar Cases, which by any whatsoever former Constitutions of Ours, or of our Predecessors, Popes, (than which we will have these to be no less valued in every point) were designed to be reserved to the Ordinary, or to the Apostolic See; from all which the Confessor shall hereby have Power granted him to Absolve the aforesaid Catholics at the Bar of Conscience, and in that sense only. And furthermore we give them Power to exchange what Vow or Vows soeever they were formerly astricted to, (those of Religion and Chastity excepted) into any other pious and good work or works imposed or to be imposed on them, and every one of them, to perform in all the foresaid Cases, by a wholesome Penance according to the mind and will of the Confessor. Therefore by the Tenor of these present Letters, and by the virtue of that holy strict obedience, wherein all Christians are bound unto us, we charge and command all and every one of the Reverend Brethren, Archbishops, Bishops and other Ecclesiastical Prelates, and whatsoever Ordinaries of Places now residing in Ireland, together with all Vicars, Substitutes and Officials under them, or these failing; We command all such to whom in those places the care of Souls in incumbent, that as soon as they shall have received the Copies of these our Letters, they shall forthwith without any stop or delay Publish them, and cause them to be Published throughout all their Churches, Dioceses, Provinces, Countries, Cities, Towns, Lands, Villages and Places whatsoever. Nevertheless, We do not intent by these present Letters, where any public or secret Irregularity is made known, or any Defection, Apostasy, Incapacity or Inability in any manner of way contracted to dispense therewith, or grant to any other any power or faculty of Dispensation, Rehabilitation, or Restoring the Delinquent to his former condition, though but at the Bar of Conscience; neither can or should these our present Letters avail or be stedable to those who by us, and the Apostick See, or by any Prelate or Ecclesiastical Judge, have been Excommunicated, Suspended, Interdicted or declared and publicly denounced to have justly incurred the Sentences and Censures of the Church, till ●irst they have satisfied and agreed with the Parties therein concerned; notwithstanding all other Constitutions and Apostolical Ordinations, whereby nevertheless the faculty of Absolution in these as well as other expressed cases is so reserved to his Holiness the Pope for the time being, that no kind of Jubilee nor power of granting such Indulgences, can in any sort avail, unless express mention be made of the fault or faults in particular, and the whole tenor of them fully deducted by an individual Relation from word to word, and not by general Clauses importing the same thing: This or some other exquisite from of the like nature being carefully Observed, We in that case especially, expressly, and namely by the effect of these Presents, do totally abolish and remit them all and every one of them their offences, notwithstanding any thing to the contrary. Now that these principal Letters of ours, which cannot be conveniently brought to every place, may the sooner come to the notice of all, Our Will and Pleasure is, that any whatsoever Copies or Transcripts whether Writen or Printed, that are Subscribed with the Hand of a Public Notary, and which have the Seal of some Eminent Person in Ecclesiastical dignity affixed 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 Principal Letters, if they were shown and Exhibited. Dated at Rome, in the Vatican or St. Peter's Palace, the 25th of May, 1643▪ and in the Twentieth Year of our Pontificat. M. A. Maraldus. Appendix XVI. Articles of Cessation of Arms, agreed upon, by and between James Marquess of Ormond, Lieutenant General of his Majesty's Army, in the Kingdom of Ireland, of the one part; and Donogh Viscount Muskery; Sir Lucas Dillon, Knight; Nicholas Plunket, Esquire; Sir Robert Talbot, Baronet; Sir Richard Barnwel, Baronet; Torlogh O Neale; Geoffrey Brown; Ever Mac Gennis, and John Walsh, Esquires: Authorised by his Majesties Roman-Catholick Subjects, of the other part. FIrst, It is concluded and accorded, that there be a Cessation of Arms, and of all Acts of Hostility, between His Majesties said Roman-Catholick Subjects, who are now in Arms, etc. in this Kingdom, and their Party, and all others His Majesty's good Subjects, for one whole Year, to begin in the Fifteenth day of September, Anno. Dom. 1643, at the Hour of 12 of the said day. 2. It is concluded and accorded, that free Passage, Intercourse, Commerce and Traffic during the said Cessation, shall be between His Majesties said Roman-Catholick Subjects, who are now in Arms, etc. and their Party, and all others His Majesty's good Subjects, and all others in League with his Majesty by Sea and Land. 3. It is concluded and accorded, and the said Viscount Muskery, and the rest of the above named Persons, do promise and undertake, for and in the behalf of those for whom they are Authorized, to Treat and Conclude as aforesaid; That all Ships, Barks and Vessels, which shall bring Provisions to any Harbour in this Kingdom, in the Hands or Possession of such as shall obey the Articles of this Cessation, from Minehead and Whitehaven, and from all the Ports between, on that side where Wales is situate, so as they be Ships belonging to any of the said Ports, and do not use any Acts of Hostility to any of the said roman-catholics, who are now in Arms, or to any of their Party, or to any who shall be Waged or Employed unto or by them, shall not be interrupted by any of their Party, nor by any Ships or other Vessels, of what Country or Nation soever under their Power or Command, or Waged, Employed, or Contracted with on their behalf; or by any Forts, Garrisons or Forces, within this Kingdom under their Power, in their coming to this Kingdom, or returning from thence. 4. It is concluded and accorded, and the said Lord Viscount Muskery, and the rest of the above named Parties, do promise and undertake for and in the behalf of those for whom they are Authorised, as aforesaid, that all Ships, Barks and Vessels, which shall bring Provisions to any Harbour in this Kingdom, in the hands of such as shall obey the Articles of this Cessation from any Potts in the Kingdom of England, having his Majesty's Pass, or the Pass of any who is, or shall be His Majesty's Admiral or Vice-Admiral, or the Pass of any Governor or Governors of any the Ports in England, in his Majesty's Hands, or which shall hereafter during this Cessation, be in his Majesty's Hands, or the Pass of the said Marquis shall not be interrupted, by any of those for whom the said Lord Viscount Muskery, and the rest of the above named Persons are Authorised as aforesaid, neither in their coming to this Kingdom, or in their return, so as they use not any acts of Hostility to any of their said Party. And this to be a Rule, until his Majesty's Pleasure be further declared therein, upon application of the Agents of the said Roman-Catholick Subjects now in Arms, etc. to His Majesty. 5. It is concluded and accorded, and the said James Marquis of Ormond, doth promise and undertake for, and in the Name of His Majesty; that no interruption shall be given by any Ship or Ships, under his Majesty's Power and Command, or Waged, Employed or Contracted with, by or in the behalf of his Majesty, or by any of his Majesty's Forts, Garrisons, or Forces, within this Kingdom, to any Ship, or Ships, that shall Trade with any of the said roman-catholics, who are now in Arms, etc. or any of their Party; or which shall come in, or go out of any the Cities, Towns, Harbours, Creeks, or Ports of this Kingdom, in the hands of the said roman-catholics now in Arms, etc. with Arms, Ammunition, Merchandise, Commodity, or any thing whatsoever, during this Cessation. As on the other side, the said Donogh Viscount Muskery, and the rest above named of that Party, do promise and undertake, for, and in the behalf of those by whom they are Authorised, that no interruption shall be given by any Ship, or other Vessel whatsoever, under the Power and Command of their Party; or Waged, Employed, or Contracted with, by or in the behalf of their Party, or by any Forts, Garrisons, or Forces, within this Kingdom, in their Power, to any Ship or ships, that shall Trade with any of his Majesty's Subjects, obeying this Cessation, or which shall come in, or go out of any of the Cities, Towns, Harbours or Ports of this Kingdom, which shall obey this Cessation, with Arms, Ammunition, Merchandise, Commodity, or any other thing whatsoever, during this Cessation: Provided, that no Ship or Ships, shall be admitted free Trade, by colour of this Article, but such as are warranted by the precedent Articles. 6. It is Concluded and Accorded, that the Quarters in the Province of Leinster be as followeth; viz. That the County of Dublin, the County of the City of Dublin, the County of the Town of Droghedagh, and the County of Lowth, shall remain, and be during the Cessation, in the possession of his Majesty's Protestant Subjects, and of such as adhere unto them respectively, saving and excepting unto the said Roman-Catholick Subjects, now in Arms, etc. and their Party, all such Castles, Towns, Lands, Territories, and the Lands and Hereditaments thereunto belonging, which upon the said Fifteenth day of September, 1643, at the Hour aforesaid, are possessed in the said Counties, or any of them, by any of the said Party. And it is further Concluded and Accorded, that as much of the County of Meath, as is on the East and Southside of the River of Boyne. from Droghedagh to Trim, and thence to the Lordship of Moylagh, and thence to Moyglare, and thence to Dublin, shall during the said Cessation, remain and be in the possession of His Majesty's Protestant Subjects, and of such as adhere unto them respectively, saving and excepting to the said Roman-Catholick Subjects now in Arms, and their Party, all such Castles, Towns, Lands and Territories, and the Lands and Hereditaments thereunto belonging, which upon the said Fifteenth day of September, 1643, at the Hour aforesaid, are possessed by any of the said Roman-Catholick Subjects, now in Arms, etc. and of their Party, within the said Limits and Boundaries; and that the Residue of the said County of Meath, shall remain in the Hands and Possession of the said Roman-Catholick Subjects now in Arms, etc. and their Party, except the Castles, Towns, Lands, Territories, and the Lands and Hereditaments thereunto belonging, which upon the said Fifteenth day of September, 1643, at the Hour aforesaid, are possessed within the said last mentioned Quarters in the County of Meath, by his Majesty's Protestant Subjects, and such as adhere unto them, or by any of them respectively. And that so much of the County of Kildare, as is on this side of the Liffy, where Naas is situate, and on the other side of the Liffy from Dublin Westward, into the County of Kildare, so far as the Rye water at Kilcock, and so far betwixt that and the Liffy, as shall be at the same distance from Dublin, as the said Rye Water is at Kilcock, on that side of the Liffy; shall during the said Cessation, remain and be in the Hands and Possessions of his Majesty's Protestant Subjects, and their Adherents respectively, except such Castles, Towns, Territories, and the Lands and Hereditaments thereunto belonging, which upon the said Fifteenth day of September, 1643, at the Hour aforesaid, are possessed within the said Quarters by the said Roman-Catholick Subjects, who are now in Arms, etc. and their Party; and that the residue of the said County of Kildare, shall remain in the hands of the said Roman-Catholick Subjects now in Arms, etc. and their Party, except such Castles, Towns, Lands, Territories, and the Lands and Hereditaments thereunto belonging, which upon the said Fifteenth day of September 1643, at the Hour aforesaid, are possessed by his Majesty's Protestant Subjects, and their Adherents respectively within the said last mentioned Quarters in the said County of Kildare. And that the several Counties of Wicklow, West Meath, Kings County, Queen's County, Catherlagh, Kilkenny, County of the City of Kilkenny, Wexford, and Longford, shall during the said Cessation, remain in the Hands of the said Roman-Catholick Subjects now in Arms, etc. and their Party, except such Castles, Towns, Lands, Territories, and the Lands and Hereditaments thereunto belonging, which upon the said Fifteenth day of September, 1643, at the Hour aforesaid, are possessed within the said County, by His Majesty's Protestant Subjects, and their Adherents respectively. 7. It is Concluded and Accorded, that what Corn hath been Sown by any of His Majesty's Army, or by any of his Protestant Subjects; or their Adherents, or by any of them, within any of the Quarters allotted in the Province of Leinster, to the said other Party, the same shall be enjoyed by the Sowers and Manurers, paying for the same as they did agree; and in case they did not agree, paying the Fourth Sheaf unto such Garrison within whose Quarters the same shall fall: And that in case any of the said Roman-catholics Subjects, now in Arms, etc. or any of their Party, have Sown Corn within any the Quarters allotted in the Province of Leinster, to the said other Party, the same shall be enjoyed by the Sowers and Manurers, paying for the same as they did agree; and in case they did not agree, paying the Fourth Sheaf unto such Garrisons, within whose Quarters the same shall fall. And it is likewise Concluded and Accorded; that those Places which have been Protected by the Lords Justices, or any Officer of His Majesty's Army, do pay according to the Agreement which was made; and if no Agreement were made, to pay the Fourth Sheaf to those Garrisons or Persons who Protected them, in whose soever Quarters they are● And this to continue for a Rule, other than as to so many of those Garrisons, who granted such Protection, and are since regained by the said Party, or some of them, for whom the said Donnogh Viscount Muskery, and the Persons above named, are authorised as aforesaid. And that the Tenants of the Town of Balliboght, in the County of Dublin, if they have not been protected, shall pay according to agreement; and if no Agreement made, than the Fourth Sheaf, and to continue their Possessions during this Cessation. And it is further Concluded and Accorded, that where His Majesty, on any of His Protestant Subjects, or their Adherents shall happen to have any Garrison or Garrisons within the Quarters set forth in the next precedent Article, for the said other Party, that such Garrison and Garrisons, shall have such competency of Lands, as well profitable as unprofitable, now termed waste, as shall be found necessary for them, by any indifferent Commissioners, to be appointed for that purpose. 8. It is concluded and accorded, that the Quarters in the Province of Munster be as followeth, viz. That the County of the City of Cork, and so much of the County of Cork, as is within the subsequent Garrisons, viz. From Youghall to Mogeely, thence to Formoy, thence to Michelstown, thence to Liscarroll, and so in a line from Michelstown and Liscarroll northward, as far as His Majesty's out-Garrisons on that side do extend; and from Liscarroll to Mallow, thence to Cork, thence to Carrig-Croghan, thence to Rochfordstown, thence to Bandonbridge, thence to Timmoleage, and thence forward to the Sea; together with the said Garrisons shall during the said Cessation remain, and be in the Possession of His Majesty's Protestant Subjects, and of such as adhere unto them: Saving and excepting to the said Roman Catholic Subjects now in Arms, etc. and their party all such Castles, Towns, Lands, Territories, and the Lands and Hereditaments thereunto belonging, which on the said Fifteenth Day of September, 1643, ☜ at the hour aforesaid are possessed in the said Counties, or any of them by any of the said Roman Catholic Subjects now in Arms, etc. and their party. And that the residue of the said County of Cork, shall likewise remain to the said party last named, saving and excepting to His Majesty's Protestant Subjects, and their Adherents, all such Castles, Towns, Lands, Territories, and the Lands, and Hereditaments thereunto belonging; which on the said Fifteenth Day of September, 1643, ☜ at the hour aforesaid, are possessed in the last mentioned Quarters by them, or any of them. And that the County of Tipperary, the County of Limerick, the County of the City of Limerick, the County of Kerry, the County of Waterford, the County of the City of Waterford, and the County of Clare, shall during the said Cessation remain, and be in the possession of the said Roman Catholic Subjects now in Arms, etc. and their party. Except Knockmorn, Ardmore, Piltown, Cappoquin, Ballinetra, Stroncally, Lismore, Balliduffe, Lisfinny, and Tallow, all situate in the County of Waterford, or as many of them as are possessed by His Majesty's Protestant Subjects, and their Adherents, the said fifteenth Day of September, 1643, at the hour aforesaid, and likewise except all such Castles, Towns, Lands, Territories, and Hereditaments thereunto belonging as within the said Counties respectively, on the said fifteenth Day of September, 1643, at the hour aforesaid are possessed by any of His Majesty's Protestant Subjects, or such as adhere unto that party respectively, in the said County of Waterford, and the rest of the last mentioned Counties. And it is concluded and accorded, that the like rule for Corn sown, and what shall be paid by places protected, and for the laying out wastes for the respective Garrisons, shall be observed in the Province of Munster, as it is set down for Leinster. 9 It is concluded and accorded, that the quarters in the Province of Ulster, be as followeth: viz. That such Counties, Baronies, Lands, Tenements. and Hereditaments in the Province of Ulster, which the said fifteenth Day of September 1643, at the hour aforesaid, are possessed by any of His Majesty's Protestant Subjects, or any that adhere unto them, and all places protected by any Commander deriving Authority from His Majesty, shall during the said Cessation remain entirely in the hands and in the possession of His Majesty's Protestant Subjects, and such as adhere unto them, excepting such Castles, Lands, and Hereditaments, as on the fifteenth Day of September, 1643, at the hour aforesaid, are possessed by the said Roman Catholic Subjects now in Arms, etc. or their party. And that all such Counties, Baronies, Lands, Tenements, and Hereditaments, in the said Province, which on the said fifteenth of September, 1643, at the hour aforesaid, are possessed by the said Roman Catholic Subjects now in Arms, etc. and their party, shall remain entirely during this Cessation in the hands and possession of the said Roman Catholic Subjects now in Arms, etc. and their party, saving and excepting throughout, all places protected by any Commander deriving Authority from His Majesty, and likewise excepting there-out all such Territories, Castles, Towns, Lands, Tenements, and Hereditaments, which on the said fifteenth Day of September, 1643, at the hour aforesaid, are possessed by any of His Majesty's Protestant Subjects, or such as adhere unto them. And it is concluded and accorded that the like rule for Corn sown, and what shall be paid for protected places, and for the laying down of wastes for the respective Garrisons, shall be observed in the Province of Ulster, as is set down for Leinster. 10. It is concluded and accorded, that the quarters in the Province of Connaght, be as followeth, viz. That the County of Galway, the County of the Town of Galway, the Counties of Mayo, Roscomon, Sligo, and Letrym, in the Province of Connaght, and all such Castles, Lands, Tenements, and Hereditaments in the said Province, which the said fifteenth day of September, 1643, at the hour aforesaid, are possessed by the said Roman Catholic Subjects, now in Arms, etc. and their party, shall during the said Cessation remain entirely in the possession of the said Roman Catholic Subjects, now in Arms and their party, excepting all such Territories, Castles, Lands, Tenements and Hereditaments within the said several Counties, which upon the said fifteenth of September, 1643, at the hour aforesaid are possessed by any of His Majesty's Forces, or by their party, or by any of them, and that those who after taking protection of any of His Majesty's Forces, or any of that party or from any Governors, deriving Authority from His Majesty there, have joined themselves to the said Roman Catholic Subjects now in Arms, etc. and their party, shall pay no Contribution unto such who protected them. But in regard there may be a rule different touching Persons that may be said to do this, and consequently touching the Contributions payable by them: It is concluded and accorded, that such Disputes and Questions if any shall arise, be determined by Commissioners indifferently chosen on each side; and it is concluded and accorded, that the like rule for sowers and manurers of Corn within the Quarters of each other, shall be observed in the Province of Connaght, as is set down for Leinster. 11. It is concluded and accorded, and the said Marquis of Ormond, for and in the Name of His Majesty doth promise and undertake, that no interruption shall be given unto any of the said Roman Catholic Subjects now in Arms, etc. or their party, in any of the said Counties, Quarters, or Places by the said precedent Articles unto them or any of them limited as aforesaid, during this Cessation; like as the said Donnogh Viscount Muskery, and the rest of the above named Persons, who are authorized as aforesaid do promise and undertake, that no Interruption shall be given unto any of His Majesty's Forces, Protestant Subjects, or such as adhere unto them, within any of the said Counties, Quarters, or Places, by the precedent Articles limited unto them as aforesaid, during the said Cessation. 12. It is concluded and accorded, that no Officer of the Army or Soldier of either side, shall be admitted without licence from the Commander in chief of the Army on both sides, or of the Commander of the next chief Garrisons respectively to pass or repair into any Garrison on either side, save that it be lawful for either party to furnish any Garrison in their power during the Cessation, with Victuals, Cloth, Ammunition, or other Necessaries by licence as aforesaid, which is not to be denied upon demand. 13. It is concluded and accorded, that if any Army or Forces in this Kingdom raised by His Majesty's Authority or any part thereof, or any other His Majesty's Subjects, shall not yield obedience to the Articles of this Cessation, but shall publicly stand in opposition thereunto; that the said Roman Catholic Subjects now in Arms, etc. and their party may prosecute such: And the said James Marquis of Ormond doth promise and undertake, that such who shall so stand in opposition, shall not be assisted, protected, or defended against the said Roman Catholic Subjects now in Arms, etc. or their party, by His Majesty or any of his Forces. And yet nevertheless, the same shall not be understood to be any breach of Cessation, as to other parts of the Kingdom, which shall conform and yield thereunto. And whereas the assistance of His Majesty's Forces, is desired by the said Roman Catholic Subjects now in Arms, etc. against such as shall oppose the Articles of this Cessation, and will not yield obedience thereunto, or interrupt the Trade and Traffic; albeit that it is not to be supposed that there will be any such, the said James Marquis of Ormond, doth further promise and undertake, that their said request shall be made known to His Majesty, and upon signification of his pleasure, the same shall be obeyed. 14. It is concluded and accorded, that if in other cases it be pretended on either side, that the Cessation is violated, that yet no Act of Hostility is immediately to follow; but first the party complaining is to acquaint the Lord General, Lieutenant-General, or other chief Commander of either side (in that Province, in which the said Cessation is pretended to be violated) therewith, and to allow fourteen days after notice given, for reparation or satisfaction, and in case reparation or satisfaction be not given or tendered, than fourteen days notice to be given before Hostility begin. 15. It is concluded and accorded, that all Prisoners and Hostages of both sides in all parts of the Kingdom, excepting such of them as are indicted of any Capital offence, shall be mutually released and set at liberty, within seven days after publication of the said Cessation. And the said Marquis of Ormond, doth further promise and undertake; that such Prisoners who are indicted of any Capital Offence, shall be set at liberty upon Bail, until His Majesty's further Pleasure be known therein. Provided nevertheless, that if any party of His Majesty's Army in any other Province of the Kingdom, shall not within ten days after Publication of these Articles, yield obedience thereunto; that the same shall be no breach of Cessation, but that His Majesty be first made acquainted with such Disobedience, and his direction expected therein: And that all other Persons that do reside with either party, and all Women and Children shall be permitted within seven days after publishing of this Cessation, or when they please, with their Goods and Chattles, to departed to what place they please, with a safe conduct or convoy if they desire it. 16. It is concluded and accorded, that the said Roman Catholic Subjects now in Arms, etc. and their party, may at any Time during the Cessation, send such Agents to His Majesty, as they shall think fit: And that the said Agents shall have safe Conduct in writing, from the chief Governor or Governors of this Kingdom, for the time being, upon demand. 17. It is concluded and accorded, and the said Marquis of Ormond, doth promise and undertake for and in the Name of His Mujesty, that all and every of the precedent Articles, which have been agreed unto, and undertaken by the said Marquis, for and in the behalf of His Majesty, shall be faithfully, truly, and inviolably observed, fulfilled, and kept. And the said Viscount Muskery, etc. For and in the behalf of the said Roman Catholic Subjects, now in Arms, etc. and their party do promise and undertake, that all and every of the precedent Articles, which have been agreed unto and undertaken by them, for and in the behalf of their party, shall be faithfully, truly, and inviolably observed, fulfilled, and kept. 11. It is concluded and accorded, that all Possessions, and likewise all Goods and Chattles, that shall be found in Specie, taken by either party, after the Hour of Twelve aforesaid; and before Publication of this Cessation, shall be restored to the Owners, and after Publication all Possessions and Goods that shall be taken, to be restored to the Owners upon demand, or Damages for the same. In witness, whereof the said Marquis to the part of the said Articles, remaining with the said Viscount Muskery, and the rest of the above named Persons, hath put his Hand and Seal. And the said Viscount Muskery, etc. To that part of the Articles remaining with the said Marquis Ormond; have put their Hands and Seals, the Day and Year, first above written. Muskery. Lucas Dillon. Nic. Plunket. Rob. Talbot. Rich. Barnwell. Torl. o Neale. Geoffrey Brown. Ever Magennis. Jo. Walsh. An Instrument touching the manner of payment of 30800 Pounds Sterling by several Payments. WHereas by an Instrument bearing date with these Presents, we have in the behalf, and by Authority from the Roman Catholics of this Kingdom, freely given unto His Majesty the Sum of Thirty Thousand Pounds Sterling, wherein the times or manner of payments, are not expressed. We do therefore hereby agree, that the same shall be paid in manner following, viz. 5000 Pounds within one Month next after the date of these Presents, the one half in Money, and the other half in good and merchantable Beefs, not under four, or above ten years old, at the Rate of 30 Pounds the score, at the City of Dublin, 5000 Pounds more within one Month, next after the said first Month, the one half in Money, and the other half in Beefs as aforesaid, at the like Rates at the City of Dublin, aforesaid; also within two months' next after, Five Thousand Pounds more, whereof one half in Beefs, as aforesaid, at the like Rates, and the other half in Money; One other Five Thousand Pounds, at or before the last of February next; and the Sum of 10000 Pounds, being the last Payment of the said Thirty Thousand Pounds, at or before the last Day of May next, which shall be in the Year 1644. And we hereby further agree that Eight Hundred Pounds more shall be paid to His Majesty's Use, to whom the Lords Jnstlces shall appoint at the Garrison of Naas, within two months' next ensuing, the one half by one months' End next after the date hereof, and the other half by the End of one Month more, next after that First Month; all other Payments in Money, save the Eight Hundred Pounds shall be paid at Dublin, and the rest of the Beefs, save the said first two Payments, to be paid within the several Provinces to His Majesty's Use, to such Persons as shall be appointed by His Majesty's Lords Justices, or other Chief Governor or Governors in this Kingdom, they first giving notice to Us, or any one or more of Us, of their Pleasures therein. In witness whereof, We have hereunto put our Hands and Seals the sixteenth Day of September, 1643. Muskery. Lucas Dillon. Nic. Plunket. Rob. Talbot. Rich. Barnwell. Torl. O Neale. Geoffrey Brown. Ever Magennis. Jo. Walsh. Appendix XVII. The Lord of Insiquin's Complaints of the Breaches of the Cessation in Munster. First, THEY withhold from us the Fourth Sheaff in Barymore and Imokilly, albeit those two entire Baronies were under the protection of our Army, and most of them under particular Protection until Four or Five days before the Cessation, during all which time they did contribute to our several Garrisons, and were under our Command at the time of Sowing and for the most part at the time of Reaping the last Harvest; and the Articles say, That the places Sown under our Protection shall pay the Sheaff, etc. Secondly, We being possessed of the whole Lands in Roches Country; all the time before the Cessation, they pretend to a Possession gained therein some days before the Treaty ended● by thrusting Three or Four men a piece into some old ruinous Castles or Houses (deserted by us) in a skulking manner, it being very evident that they had no considerable Force drawn into all that Country, save what they slipped into those deserted places as aforesaid; whilst we had Two strong Garrisons at Mallow and Downeraile which would easily have repelled any Force that they brought into those parts, if they had come in such sort as to be taken notice of. Thirdly, In like manner they have gained and do insist upon the Possession of Bally-begg near Buttivant, and other places in Orrery. Fourthly, The Castle of Pilltown they entered into Four or Five days after the Cessation, and do yet detain it; and the Castle of Cloghleigh with others in Condons', they gained as those in Roches Country. Fifthly, Several of the principal Gentry in Orrery (as Mr. Robinson, Stapleton, Lombard, and Magner) with their Tenants, having always adhered and contributed to our Party, and never declared themselves against us by any public Act; have since the Cessation been drawn to join with their Party, under pretence that they had past their private Promise to Mac Donogh and Donogh O Callaghane, to join with them when the Cessation was concluded. Sixthly, Several of our Party being in actual Possession of sundry Tithes in Barrymore and Imokilly, did make Sale thereof, and contract for several Sums of Money in lieu of them; for payment whereof, they took Bills and other Security, before we lost any part of our Interest there, which moneys so contracted for they refused to pay. Seventhly, The Lord Roch by force and strong hand hath entered upon Mr. Cuishin of Farrihi's Lands, and compelled him to the payment of Six or Seven Pounds, and enforced divers of his People to Swear to further Payments; Mr. Cuishin having been always of our Party, both before and since the Cessation, and not to be drawn to theirs by their vehement Persuasions since the Cessation, and having for the most part a Ward in his Castle. Eighthly, Where by the Articles of Cessation, competent proportions of Land ought to be allowed to all Garrisons and Wards, Captain Garret Fitz Gerald, hath entered upon the Liberties of the Town of Youghal, and thereout expelled divers poor English by violent taking their distresses, by placing Guards of Armed Men on the Highways, and enforcing the People to contribute to their Army. Ninthly, They have entered upon a Mill and Five Plow-Lands of Ballycrenan belonging to Robert tint, Esquire, since the beginning of April last, which was formerly in his continual Possession. Tenthly, The Lord Roch hath violently taken away from Mr. Cuishin the Tithes belonging to Dean Boyl, and by him contracted for, and disposed of before the Cessation, whilst the Barony of Fermoy was in our Hands. Eleventhly, Several other petty Injuries, as Stealths of Cattle, Detention of Corn, Encroachments on Bounds, and the like, do daily occur, touching which, we cannot prevail with any of their Party, to join or interpose in doing us Justice; nor indeed will any Man in the Country (since my Lord of Muskery's departure) own a Power of doing right to us: But by their diversity of Governments, and uncertainty of Governors, the Parties Injured are posted from place to place, and put to circular and formal courses of Petitioning and Prosecuting; by the delay and discouragement whereof, they incline rather to sit down with an Injury sustained, than to pursue a reparation more grievous in obtaining, than the wrong, it being in many places unsafe to Travel in their Quarters, for any cause whatsoever; a Servant of my own being assaulted and attempted to be Murdered in Imokilly, for going about my occasions. Twelfthly, That in November last, at a Meeting which I procured in Cappaquin, betwixt my Lord of Muskery and John Welsh on their part, and other Commissioners on Ours (my self being present,) sundry of these particulars were debated, and several of them, as the First, Second and Fifth, sufficiently cleared and evidenced to be injurious to us; and that at that time, they promised to send unto me within Eight or Ten days, such positive orders for redress in those manifest particulars, as we could reasonably expect; and that in those which were then left doubtful and disputable, I should receive the answer of their Supreme Council: And in all matters besides, Commissioners should be assigned to meet with ours within Eight or Nine days, to redress all Grievances, and to determine all differences. But from thenceforth, I could never receive any performance of that promise or other satisfaction; but having importuned them thereunto, I received answer from one of them, That more weighty business would not give admission to mine; whilst in the interim, they keep all things in difference within their own possession, and so think it less necessary to descend to any determination. By means whereof, and of their wilful withholding of those Rights whereout I should have raised some reasonable support for His Majesty's Forces here, more especially by their deteiner of the Three hundred Pounds worth of Cattle, ordered unto me by your Lordship, they have driven me to so great straits and Exigencies, that of Nine Hundred Men which I had ready a few Weeks since, to send unto his Majesty, there remained not Two Hundred to be sent away on Monday last with the Shipping, the rest being dispresed through mere want: Besides which disadvantage to His Majesty's Service, the many Injuries, Insolences and Pressures obtruded and Multiplied daily on the poor English, doth beget so many heavy clamours and complaints, such disencouragements, anguish and vexation of Spirit, as makes the wretched Souls weary of their Lives, and me of the sad and perplexed condition whereunto I am put, by having these insufferable and insupportble affronts and difficulties to struggle with, whence I implore some immediate rescue suitable to the nature they are of, etc. Appendix XVIII. The Declaration of the Parliament against the Cessation. AS it is evident to all the World, that this late horrid Rebellion of the Papists in Ireland, did without any colour or pretext of Provocation professedly and boldly aim at the destruction of the Protestant Religion, the rejecting of the Laws of England, and the Extirpation of the British Inhabitants out of that Kingdom: So it is no less manifest, that this Parliament of England (to whom his Majesty hath left the managing of the War against those Rebels,) hath taken the Troubles of Ireland to heart with that resentment and compassion, as may evidence their Zeal to Religion, their Love to their Distressed Countrymen and Brethren there in these times, when the like Jesuitical Practices have cast England into woeful Distractions and Unnatural War▪ notwithstanding which, the Reducing of Ireland hath still been a chief part of the care of this Parliament; and God hath been pleased to bless our endeavours with such success, as that those furious Bloodthirsty Papists have been stopped in the carrier of their cruelty; some part of the Protestant Blood which at first was spilt like Water upon the Ground, hath been revenged; their Massacres, Burn and Famishing, have by a Divine retaliation been repaid into their Bosom; and the Protestant Party hath been erected to that condition of Strength and Hope, that their Enemies are constrained (distrusting their Forces) to have recourse to their Craft and Policies; and therefore by their subtle Agents at Court, and their active Instruments elsewhere, have been endeavouring now of a long time to make our Armies in Ireland disaffected to the Parliament, what by occasion of their wants, not so readily supplied, as their need required; what by amusing them with these unhappy differences fallen in here between King and People, labouring by that means to divide those Forces into Factions, to the end the main work they have in hand, might be neglected, which is the Prosecuting the War against the Rebels, so far brought low in some parts of Ireland, that if they can be deprived of the benefit of this Harvest, they are not likely to see the next Summer. And therefore the Rebels finding, that notwithstanding the Distractions here, occasioning the slowness and scarceness of Supplies, yet they themselves are in a far worse condition, being in a want of most things necessary, not only for the maintaining of a War, but even of Life, the Judgement of God being remarkable upon them in this, that as their Bloody and Treacherous Religion made them inhumanely cruel in shedding the Protestants Blood, so now the Famine amongst many of them, hath made them unnaturally and Canibal-like, ☜ Eat and Feed one upon another. Therefore, that they may have time to expect from their Friends abroad, new Supplies, both of Victuals and Ammunition, and may without molestation reap the Fruit of this Harvest, they have laboured a Treaty for a Cessation; which Project of theirs doth no less aim at the overthrow of the remainder of the Protestants in that Kingdom, than their treacherous taking of Arms at first, did intent the destruction of them all; for their Cessation and Hostility, their War and Peace, ☜ are alike to be esteemed of, and with those that neither in Peace nor War keep any Faith, it is best to be in perpetual Defiance. Therefore the Lords and Commons in Parliament assembled, according to the continued care of that Kingdom of Ireland, do in a special manner take into their consideration the condition thereof, upon this occasion of an intended Cessation; and so much the rather, because it is feared, that the Protestant Forces through want of Provisions for their Armies, may at last, if not relieved, be persuaded to admit of this course, in hope thereby to procure some means for their subsisting; as also, because there is too much ground to suspect, that if this Cessation should be agreed unto, they might have opportunity to join with the Popish Party here, for their greater strengthening; And though it were to have no influence upon this Kingdom, yet the evil consequences of it are so many and pernicious to Ireland, that this Parliament should betray the trust reposed in them, if they did not declare against this Cessation, and use all means in time to make it abortive; and therefore they desire that it may be observed and taken notice of, First, From whence the Counsel and Design of this Cessation ariseth, even from the Rebels and Papists themselves, for their own Preservation; for soon after they had miss of their intent to make themselves absolute Masters of that Kingdom of Ireland, by their treacherous Surprises; and seeing that this Kingdom did with most Christian and Generous Resolutions undertake the Charges of the War, for the Relief and Recovery of Ireland, Propositions were brought over from the Rebels by the Lords Dillon and Tafe, at which time they were intercepted, and restrained by the Order of the House of Commons; after that, they had the boldness, even while their Hands were still imbrued in the Protestants Blood, to petition his Majesty that their demands might be heard: And for this purpose they obtained a Commission to be sent over into Ireland, to divers Persons of Qality (whereof some were Papists) to Hear, Receive and Transmit to his Majesty their Demands, which was done accordingly; and one Master Burk, a Notorious Pragmatic Irish Papist, was the chief Solicitor in this business. After this, the Just Revenging God, giving daily success to handfuls of the Protestant Forces against their great numbers; so that by a wonderful Blessing from Heaven, they were in most parts put to the worst; Then did they begin to set on Foot an Overture for a Cessation of Arms; concerning which, what going and coming hath been between the Court and the Rebels is very well known; and what Meetings and Treatties have been held about it in Ireland, by Warrant of his Majesty's Ample Commission sent to that effect; and what Reception and Countenance most Pragmatical Papists negotiating the business, have found at Court; and that those of the State in Dublin, who had so much Religion and Honesty as to dissuade the Cessation, were first discountenanced, and at last put out of their Places, and restrained to Prison; as Sir William Parsons, One of the Lords Justices there; Sir John Temple, Master of the Rolls; Sir Adam Loftus, Vice-Treasurer of Ireland, and Treasurer at Wars; and Sir Robert Meredith; one also of the Council Table. Secondly, The Lords and Commons desire it may be observed, that during all these Passages and Negotiations, the Houses of Parliament were never acquainted by the State of Ireland, with the Treaty of a Cessation, much less was their Advice or Counsel demanded; notwithstanding that the care and managing of the War was devolved on them, both by Act of Parliament, and by his Majesty's Commission, under the Great Seal, to Advise, Order and Dispose of all things concerning the Government and Defence of that Kingdom. But the wants of the Army were often represented and complained of, whereby with much craft a ground was preparing for the Pretext, wherewith now they would cover the Counsels of this Cessation, as if nothing had drawn it on, but the extreme Wants of their Armies; whereas it is evident, that the Reports of such a Treaty have been (in a great part) the cause of their wants; for thereby the Adventurers were disheartened, Contributions were stopped, and by the admittance to Court of the Negotiators of this Cessation, their wicked Counsels have had that influence, as to procure the Intercepting of much Provisions which were sent for Ireland; so that Ships going for Ireland with Victuals, and others coming from thence with Commodities to exchange for Victuals, have been taken, not only by Dunkirkers, having his Majesty's Warrant, but also by English Ships commanded by Sir John Pennington, under his Majesty. And moreover the Parliament Messengers sent into several Counties, with the Ordinance of January last, for Loans and Contributions, have been taken and imprisoned, their Money taken from them, and not one Penny either Loan or Contribution hath been suffered to be sent for for Ireland, from these Counties which were under the power of the King's Army; while in the mean time, the Houses of Parliament by their Ordinances, Declarations and Solicitations to the City of London, and the Counties free from the terror of the King's Forces, were still procuring not contemptible Aid and Relief for the distresses of Ireland. Thirdly, As the Lords and Commons have reason to declare against this Plot and Design of a Cessation of Arms, as being treated and carried on without their Advice, so also because of the great prejudice which will thereby redound to the Protestant Religion, and the encouragement and advancement which it will give to the practice of Popery, when these Rebellious Papists shall by this agreement, continue and set up with more freedom their Idolatrous Worship, their Popish Superstitions, and Romish Abominations, in all the places of their Command, to the dishonouring of God, the grieving of all true Protestant Hearts, the disposing of the Laws of the Crown of England, and to the provoking of the wrath of a Jealous God; as if both Kingdoms not smarted enough already for this sin of too much conniving at, and tolerating of Antichristian Idolatry, under pretext of Civil Contracts, and Politic Agreements. Fourthly, In the Fourth place, they desire it may be observed, that this Cessation will prove dishonourable to the Public Faith of this Kingdom, it will elude and make null the Acts and Ordinances of Parliament made for the forfeiting of the Rebels Lands, at the passing of which Acts, it was represented that such a course would drive the Rebels to Despair; and it proves so, but otherways than was meant, for despairing of their Force and Courage, they go about to overcome us with their Craft. Fifthly and Lastly, What shall become of the many Poor Exiled Protestants, turned out of their Estates by this Rebellion, who must now continue begging their Bread, while the Rebels shall enjoy their Lands and Houses? And who shall secure the rest of the Protestants, that either by their own Courage, Industry, and great Charges, have kept their Possessions, or by the success of our Armies have been restored? Can there be any assurance gotten from a Perfidious Enemy, of a Cossation from Treachery and breach of Agreement, when they shall see a fit time and opportunity? These and many other considerations being well weighed, it will appear evidently, that this Design of a Cessation, is a deep Plot laid by the Rebels, and really invented for their own Safety, and falsely pretended to be for the benefit of the Armies. And whereas the Lords and Commons have no certain Information that the Treaty is concluded, but are informed by several Letters, that all the Protestants, as well Inhabitants as Soldiers in that Kingdom, are resolved to withstand that proceeding, and to adventure on the greatest extremities, rather than have any sort of peace with that generation, who have so cruelly in time of Peace Murdered many Thousands of our Countrymen, and laboured to Extirpate the Protestant Religion from amongst them; so they do believe that these Rumours of a Cessation were first contrived by the Enemies of our Religion and Peace, and by their Practices. The Treaty was carried on with much Subtlety and Solicitation, thereby to stop the sending of Supplies from thence to our Armies, and for the cooling of the affections of those who have already shown their zeal to the Weal of Ireland; and therefore the only means to defeat this their Policy, and prevent the Evils intended by it, is to settle a course whereby the Armies of Ireland may be at least Fenced against Hunger and Cold: For which prupose it is desired, that all those who are well affected to the Protestant Religion, either in this or that Kingdom, and all those who by their Adventures already made, have embarked their particular Interests with the Public of that Kingdom, and to desire a good return of their engagements, would join their endeavours for obviating of that necessity which may be made a strong Argument to enforce a Destructive Cessation of Arms, and that they would not through too much suspicion of it, forbear the providing of Supplies, and so occasion that inconvenience which they ought by all means to prevent; for by so doing, they will lose all their former Pains and Charges, and the withholding of Provisions now, will gain credit to that Calumny laid against this Kingdom, of neglecting the Armies of Ireland; and by the continuing of Supplies, these Forces will be encouraged to continue the War, and so Crown both their Work and ours. And lastly, the Rebels seeing assistance against them still flowing from hence, must needs be out of hope of Prosecuting or Concluding this their Design. The cry of much Protestant Blood, the great indigency of many Ruined Families, the danger of our Religion almost exiled out of that Kingdom, calls for this last Act of Piety, Charity, Justice and Policy from us; which being resolved on, Letters are to be dispatched to the several parts of that Kingdom, to encourage the Commanders and Soldiers upon the aforesaid Reasons and Assurances, that they may not hearken to such an unjust and deceitful Counsel; and as by their prosecuting of the War, through God's Blessing they have successfully resisted the Rebel's cruelty, so they may upon this occasion, beware they be not overreached by their craft. All which the Lords and Commons do earnestly desire, may be seriously taken to heart by all the Kingdom; and that from those other encouragements mentioned at large, in the Ordinance of the 14 th' of July last, and such as now are offered, a Course may be taken whereby such a constant Weekly Contribution may be settled, as will supply to the Armies in Ireland, the mere necessities of Nature; which may be more punctually and seasonably transmitted unto the several parts of that Kingdom, according to their respective Wants, that so the benefit and honour of so Pious a work happily begun, and successfully hitherto carried on, may not be lost, when so little remains to be done; and that the saving ☞ of a Kingdom, the re-establishing of so many Protestant Churches, the re-possessing of so many Thousand Christians into their Estates, may not be deserted and let fall to the ground, for a little more pains and cost. Appendix XIX. A Proclamation of the Governor of the County of Fermanagh, against Commerce with the Protestants of Iniskilling. Com. Fermanagh. FOrasmuch as the daily Resort and Concourse of Catholics since the Cessation, into English Garrisons, might bring a great deal of Inconveniency unto our Proceed; I do therefore hereby, by virtue of the Lord General's Authority given me in that behalf, and especially to avoid the imminent Peril, that hereafter might arise thereof, straightly charge and command all manner of Persons, of what rank, Quality or condition soever they be, of the Irish Nation of this County, not to Visit, Confer, Talk, or Parley, to, or with, any Person or Persons, of, in, or belonging to the Garrison of Iniskilling, upon pain of Death, and of Forfeiting all the Goods and Chattels belonging to every such Offender, or Offenders; and likewise, that none of the Inhabitants of this County, on the Westside of Loghern, Live, Dwell or Inhabit any nearer to Iniskillng, than the River of Arny; until further directions be given to the contrary, upon pain of the aforesaid Forfeiture and Penaly. Dated the Five and Twentieth Day of November, 1643. Rory Maguire. Appendix XX. The Army's Remonstrance, the 4th of April, 1643. My Lords, AT our First entrance into this Unhappy Kingdom, we had no other design than by our Swords to assert and vindicate the Right of his Majesty, which was here most highly abused, to redress the wrongs of his poor Subjects, and to advance our own particulars in the prosecution of so honest undertake. And for the rest of these, we do believe they have, since our coming over, succeeded pretty well; but for the last which concerns ourselves, That hath fallen out so contrary to our expectations, that instead of being rewarded, we have been prejudiced, instead of getting a Fortune, we have spent part of one: And though we behave ourselves never so well Abroad, and perform the Actions of Honest Men, yet we have the reward of Rogues and Rebels, which is Misery and Want when we come home. Now (My Lords) although we be brought to so great an Exigence, that we are ready to Rob and Spoil one another, yet to prevent such outrages, we thought it better to try all honest means for our Subsistence, before we take such indirect courses. Therefore if your Lordships will be pleased to take us timely into your considerations, before our urgent wants make us desperate; we will as we have done hitherto, serve your Lordships readily and faithfully. But if your Lordships will not find a way for our Preservation here, we humbly desire we may have leave to go where we may have a better being: And if your Lordships shall refuse to grant that, we must then take leave to have our Recourse to that First and Primary Law which God hath endued all Men with; we mean the Law of Nature, which teacheth all Men to preserve themselves. Appendix XXI. The Humble Propositions of your Majesty's Protestant Agents of Ireland, in pursuance of the Humble Petition of your Majesty's Protestant Subjects, as well Commanders of your Majesty's Army there, as others presented to your Majesty, the Eighteenth Day of April, 1644, and answered by your Majesty the Five and Twentieth of the same. 1. WE most humbly desire the Establishment of the true Protestant Religion in Ireland, according to the Laws and Statutes in the said Kingdom now in force. 2. That the Popish Titular Archbishops, ☜ Bishops, Jesuits, Friars and Priests, and all others of the Roman Clergy, be banished out of Ireland, because they have been the Stirrers up of all Rebellion; and while they continue there, there can be no hope of safety for your Majesty's Protestant Subjects: And that all the Laws and Statutes established in that Kingdom against Popery and Popish Recusants, may continue of Force, and be put in due Execution. 3. That Restitution be made of all our Churches and Church Rights and Revenues; and all our Churches and Chapels 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-catholics, (as they call themselves,) who have been the occasion of the Deftruction of the said Churches, and possessed themselves of the Profits and Revenues thereof. 4. That the Parliament now sitting in Ireland, may be continued there, for the better settlement of the Kingdom; and that all Persons duly Indicted in the said Kingdom, of Treason, Felony, or other Heinous Crimes, may be duly and legally Proceeded against, Outlawed, Tried, and Adjudged according to Law: and that all Persons lawfully Convicted and Attainted, or to be Convicted and Attainted for the same, may receive due Punishment accordingly. 5. That no man may take upon him, or execute the Office of a Mayor or Magistrate in any Corporation; or the Office of a Sheriff, or Justice of Peace in any City or County in the said Kingdom, until he have first taken the Oaths of Supremacy and Allegiance. 6. That all Popish Lawyers, who refuse to take the Oath of Supremacy and Allegiance, may be Suppressed and Restrained from Practice in that Kingdom, the rather because the Lawyers in England do not here practise, until they take the Oath of Supremacy; and it hath been found by Woeful Experience, that the Advice of Popish Lawyers to the People of Ireland, hath been a great cause of their continued disobedience. 7. That there may be a present absolute Suppression and Dissolution of all the Assumed, Arbitrary, and Tyrannical Power which the said Confederates exercise over your Majesty's Subjects, both in Causes Ecclesiastical and Temporal. 8. That all the Arms and Ammunition of the said Confederates be speedily brought into your Majesty's Stores. 9 That your Majesty's Protestant Subjects Ruined and Destroyed by the said Confederates, may be Repaired for their great Losses, out of the Estates of the said Confederates, not formerly by any Acts of this present Parliament in England, otherwise disposed of; whereby they may the better be enabled to re-inhabit and defend the said Kingdom of Ireland. 10. That the said Confederates may Rebuild the several Plantation-Houses, and Castles, Destroyed by them in Ireland, in as good state as they were at the breaking out of the Rebellion; which your Majesty's Protestant Subjects have been bound by their several Patents to Build and Maintain for your Majesty's Service. 11. That the great Arrears of Rent due to your Majesty out of the Estates of your Majesty's Protestant Subjects, at and since Michaelmas, 1641, may be paid unto your Majesty, by such of the Confederates, who have either received the said Rents, to the uses of the said Confederates, or destroyed the same, by disabling your Majesty's Protestant Subjects to pay the same; and have also destroyed all, or the most part of all other Rents or means of support belonging to your said Protestant Subjects: And that your said Protestant Subjects may be discharged of all such Arrears of Rents to your Majesty. 12. That the said Confederates may give satisfaction to the Army for the great Arrears due unto them since the Rebellion; and that such Commanders as have raised Forces at their own charges, and laid forth great Sums of Money out of their own Purses, and engaged themselves for Money and Provisions to keep themselves, their Holds and Soldiers under their Commands, in the due necessary defence of your Majesty's Rights and Laws, may be in due sort satisfied, to the encouragement of others, in like times and cases which may happen. 13 That touching such parts of the Confederate Estates, as being forfeited for their Treasons, are come, or shall duly come into your Majesty's Hands and Possession by that Title; your Majesty after the due satisfaction first made, to such as claim by former Acts of Parliament, would be pleased to take the same into your own Hands and Possession: And for the necessary increase of your Majesty's Revenue, and better security of the said Kingdom of Ireland, and the Protestant Subjects, living under your Gracious Government there, to plant the same with British and Protestants upon reasonable and honourable Terms. 14. That one good Walled Town may be Built, and kept Repaired in every County of the said Kingdom of Ireland, and Endowed and Furnished with necessary and sufficient means of Legal and Just Government and Defence, for the better security of your Majesty's Laws and Rights; more especially the true Protestant Religion in time of danger, in any of which Towns not Papist may be permitted to Devil or Inhabit. 15. That for the better satisfaction of Justice, and your Majesty's Honour, and for the future Security of the said Kingdom, and your Majesty's Protestant Subjects there, exemplary Punishment according to Law may be inflicted upon such as have there, Traitorously Levied War, and taken up Arms against your Majesty's Protestant Subjects and Laws, and therein against your Majesty; especially upon such as have had their hands in the shedding of Innocent Blood, or had to do with the First Plot or Conspiracy; or since that time have done any notorious Murder, or Overt Act of Treason. 16. That all your Majesty's Towns, Forts, and places of Strength, destroyed by the said Confederates since the said Rebellion, may be by them, and at their Charges Re-edified, and delivered up into your Majesty's hands, to be duly put into the Government under your Majesty, and your Laws of your good Protestants; and that all Strengths and Fortifications made and set up by the said Confederates since the said Rebellion, may be slighted and thrown down, or else delivered up, and disposed of for Protestant Government, and Security as aforesaid. 17. That according to the Precedents of former times, in cases of general Rebellions in Ireland, the Attainders which have been duly had by Outlawry for Treason, done in this Rebellion, may be established and confirmed by Act of Parliament, to be in due form of Law, transmitted and passed in Ireland; and that such Traitors as for want of Protestant and indifferent Jurors to Indict them in the proper County, are not yet Indictd not Convicted or Attainted by Outlary or otherwise, may upon due proof of their Offences be by like Acts of Parliament Convicted and Attainted; and all such Offenders forfeit their Estates as to Law appertaineth, and your Majesty to be adjudged and put in possession, without any Office or Inquisition to be had. 18. That your Majesty's Protestant Subjects may be restored to the quiet Possession of all their Castles, Houses, Manors, Lands, Tenements, Hereditaments, and Leases, and to the quiet possession of the Rents thereof, as they had the same before, and at the time of the breaking forth of this Rebellion; and from whence without due process and Judgement of Law, they have since then been put or kept out, and may be answered of, and for all the mean profits of the same, in the interim, and for all the time until they shall be so restored. 19 That your Majesties said Protestant Subjects may also be restored to all their moneys, Plate, Jewels, Householdstuff, Goods and Chattels whatsoever, which without due Process or Judgement of Law, have been by the said Confederates taken or detained from them since the contriving of the said Rebellion, which may be gained in kind, or the full value thereof, if the same may not be had in kind; and the like restitution to be made for all such things, which during the said time hath been delivered to any Person or Persons of the said Confederates in trust to be kept or preserved, but are by colour thereof still withholden. 20. That the establishment and maintenance of a complete Protestant Army, and sufficient Protestant Soldiers and Forces for the time to come, be speedily taken into your Majesty's Prudent, Just and Gracious Consideration, and such a course laid down and continued according to the Rules of good Government, that your Majesty's Right and Laws, the Protestant Religion, and Peace of that Kingdom be no more endangered by the like Rebellions in time to come. 21. That whereas it appeareth in Print, that the said Confederates amongst other things, aim at the Repeal of poinding's Law, thereby to open an easy and ready way in the passing of Acts of Parliament in Ireland, without having them first well considered of in England, which may produce many dangerous consequences, both to that Kingdom, and to your Majesties other Dominions; your Majesty would be pleased to resent and reject all propositions tending to introduce so great a diminution of your Royal and necessary Power for the confirmation of your Royal Estate, and protection of your good Protestant Subjects both there and elsewhere. 22. That your Majesty out of your grace and favour to your Protestant Subjects, of Ireland, would be pleased to consider effectually of answering them, that you will not give order for, or allow of the transmitting into Ireland any Act of general Oblivion, Release or Discharge of Actions or Suits whereby your Majesties said Protestant Subjects, there may be barred or deprived of their legal Remedies, which by your Majesty's Laws and Statutes of that Kingdom, they may have against the said Confederates, or any of them, or any of their Party, for and in respect of any wrongs done unto them, or any of their Ancestors or Predecessors, in or concerning their Lives, Liberties, Persons, Lands, Goods or Estates, since the contriving and breaking forth of the said Rebellion. 23. That some fit course may be considered of to prevent the filling or overlaying of the Commons House of Parliament in Irela●d with Popish Recusants, being ill affected Members; and that provision be duly made, that none shall vote or sit therein, but such as shall first take the Oaths of Allegiance and Supremacy. 24. That the proofs and manifestations of the truth of the several matters contained in the Petition of your Majesty's Protestant Subjects of Ireland, lately presented to your Majesty, may be duly examined, discussed, and in that respect the final conclusion of things respited for a convenient time, their Agents being ready to attend with proofs in that behalf, as your Majesty shall appoint. In Answer whereunto it was replied by the Committee of Lords and others of Irish affairs at Oxford. 1. THat their Lordships did not think that the Propositions presented by the Protestant Agents to his Majesty, and that Morning read before their Lordships, were the sense of the Protestants of Ireland. 2. That those propositions were not agreeable to the Instructions given the said Agents, by the Protestants of Ireland. 3. That if ●hose Propositions were not withdrawn, they would lay a prejudice on his Majesty, and his Ministers to posterity, these remaining on Record, if a Treaty should go on, and Peace follow, which the King's necessity did enforce, and that the Lords of the Committee apprehended the said Agents did flatly oppose a Peace with the Irish. 4. That it would be impossible for the King to grant the Protestants Agents desires, and grant a Peace to the Irish. 5. That the Lords of the Committee desired the Protestant Agents to propose a way to effect their desires, either by Force or Treaty, considering the condition of his Majesty's affairs in England. To the First, Note the Pa●●liament of I●eland was interrogated on the point, and did declare their concurrence with what their Agents had done. the Protestant Agents replied, That they humbly conceived that the Propositions which they had presented to his Majesty, were the sense of the Protestants of Ireland, To the Second, That the Propositions are agreeable to the instructions given to the said Agents, by the Protestants of Ireland, and conduced to the well settlement of that Kingdom. To the Third, that they had no thought to draw prejudice on his Majesty or their Lordships, by putting in those Propositions; neither had they so soon put in Propositions, had not his Majesty by his Answer to the Protestant Petition directed the same. To the Fourth, The said Agents humbly conceived, that they were employed to make proof of the effect of the Protestant Petition, to manifest the Inhuman Cruelties of the Rebels, and then to offer such things as they they thought fit for the security of the Protestants in their Religion, Lives, Liberties and Fortunes; that the said Protestants had not disaffection to Peace, so as Punishment might be inflicted according to Law, as in the Propositions are expressed; and that the said Protestants might be repaired for their great Losses out of the Estates of the Rebels, not formerly by any Acts of this present Parliament in England otherwise disposed of, which the said Agents desired might be represented to his Majesty, and the Lords of the Committee accordingly. To the Fifth, that the said Protestant Agents were Strangers to His Majesty's affairs in England, and conceived that part more proper for the Advice of his Councils, than the said Agents, and therefore desired to be excused for meddling in the Treaty, further than the manifesting of the Truth of the Protestant Petition, and purposing in the behalf of the Protestants, according to the Instructions given them, which the said Agents were ready to perform, whensoever they should be admitted thereunto. Touching which, and other particulars, there were many motions, but the proofs they would have insisted upon (by the importunity of other affairs) never came to their due discussion. Appendix XXII. Instructions for the Agents who are to attend His Most Sacred Majesty, on the behalf of His Majesty's Protestant Subjects of Ireland. 1. FIrst, most humbly to represent unto His Most Sacred Majesty, the Remonstrance or Petition of his truly obedient and loyal Subjects, the Protestants of this his Kingdom of Ireland entitled, To the King's Most Exc●llent Majesty; The humble Petition of divers of your Majesty's Protestant Subjects in your Kingdom of Ireland, as well Commanders of your Majesty's Army here as others, whose Names are subscribed in the behalf of themselves, and others your Protestant Subjects in this your Kingdom, and to manifest by all good ways and means the Truths thereof in every particular, and to solicit the obtaining the humble Desires therein requested, and to refel and disprove the Untruths of the scandalous Aspersions, laid by the confederate Roman Catholics, etc. of Ireland, upon the most gracious Governments of our most Royal late Sovereign Queen Elizaheth, and King James of ever Blessed Memory, and also of our most gracious and dread Sovereign King Charles, and also the extreme Falsehoods by the said confederate Roman Catholics, published and imposed upon by His Majesties said Protestant Subjects of this Realm. 2. And also to offer unto His Majesty's Royal, and most tender Consideration the barbarous Usage, Inhumanity, cruel Tortures, and bloody Murders committed and done upon His Majesty's Protstant Subjects, ☞ in the several parts of the Kingdom without Provocation, and that commonly after Quarter given, Passes, Promises and Oaths for security or safe Convoy; especially in that glorious Plantation of King James of ever Blessed Memory in the Province of Ulster; which terrible Effusion of innocent Blood crieth to Almighty God and His Sacred Majesty for Justice. 3. In like manner to present unto His Sacred Majesty, the true and entire Faith and Allegiance of His Majesty's Protestant Subjects of this Kingdom unto his Royal Person, Crown and Dignity; their cheerful and constant Acknowledgement of his Supremacy in all Causes, and over all Persons; their Universal Obedience to all his Laws and gracious Government; and their continual Desires and Endeavours, even to the uttermost hazard of their Lives and Fortunes, for the preservation of all his Rights and just Prerogatives; and to present to His Majesty in what Estate and Condition the Kingdom was in, at the Time of the breaking out of this horrid Rebellion. 4. And most humbly to desire the Preservation, and Establishment of the true Protestant Religion in this Realm, and the Suppression of Popery; according to the Laws and Statutes to that End established. 5. Most humbly to desire His Sacred Majesty, that the great Losses of his Protestant Subjects, now utterly ruined by the Rebellion of the said confederate Roman Catholics, etc. may be repaired in such manner and measure, as his Highness in his Princely Wisdom shall think fit, whereby His Majesties said Protestant Subjects may be enabled to subsist, and reinhabit in the said Kingdom. 6. Most humbly to present to His Sacred Majesty all other things, that may conduce to the Glory of God, to the Advancement of the true Protestant Religion, according to the Laws, the Honour and Profit of His Majesty, the just Prerogatives of his Crown, the Preservation of the Laws and just Liberties of the Subject, the securing of this Kingdom to His Majesty, and His Royal Posterity, and future Safety to His Majesty's Protestant Subjects in their Religion, Lives and Fortunes; that they may no longer, nor hereafter be liable to such and the like Evils, and Destructions on them committed, as they have now suffered from those who fell upon them; spilt their Blood, and destroyed their Estates unprovoked, and even when they lived together in full Peace. 7. And for avoiding mistakes, that you present or propound nothing to His Majesty, but what shall be first well debated amongst yourselves, and maturely considered of, and agreed upon in writing by the major part of you, and subscribed with your hands. 8. That from time to time you give an Account of your proceed, unto those who are here appointed to negotiate this Affair. Which said Instructions being read, the Protestant Petitioners were required to withdraw; who (after debate had on the Instructions at the Council-board▪) were called in again, and exceptions were taken to the first, second, third, fourth, and sixth Articles of the Instructions; and they were told by the Lords of the Council, That they could nor would not recommend them, as the Instructions were now drawn, and while the third Article of the Instructions remained; in respect that they knew, that there were many Protestants in the Province of Ulster in Ireland, that were not obedient to His Majesty's Laws; and the Lord Chancellor moved, that these words in the second Article aforementioned might be omitted out of the Instructions, (viz. commonly committed after Quarter given, Passes, Promises and Oaths, for security of safe Convoy, especially in that glorious Plantation of King James of ever Blessed Memory in the Province of Ulster; which effusion of innocent Blood crieth to Almighty God, and His Sacred Majesty for Justice.) And the Lord Lieutenant and Council further gave the Protestant Petitioners the particulars in writing, which they would have added and omitted in the said Instructions, otherwise they would not recommend the Protestant Agents, nor the Cause to His Majesty. And thereupon the Protestant Petitioners consented to the Alteration of their Instructions, as hereafter followeth. In the second Article of the first Instruction (Quarter given) is left out. In the former part of the third Article, these words are left out, (Viz.) In like manner to present unto His Sacred Majesty, the true and entire Faith and Allegiance of His Majesty's Protestant Subjects of this Kingdom, unto His Royal Person, Crown and Dignity; their cheerful and constant Acknowledgement of his Supremacy, in all Causes, and over all Persons; their Universal Obedience to all his Laws and gracious Government; and their continued Desires and Endeavours, even to the uttermost hazard of their Lives and Fortunes, for the Preservation of all his Rights, and just Prerogatives. In the fourth is added (in Doctrine and Discipline.) In the sixth is added (and Statutes in this Kingdom established, and now of force.) Appendix XXIII. The Propositions of the Confederate Irish Agents at Oxford, and the Answer of the Protestant Irish Agents thereunto. 1. Prop. THAT all Acts made against the Professors of the Roman Catholic Faith, whereby any Restraint, Penalty, Mulct, or Incapacity, may be laid upon any Roman Catholics within the Kingdom of Ireland, may be repealed, and the said Catholics to be allowed the Freedom of the Roman Catholic Religion. Answ. To the first we say, that this hath been the pretence of almost all those who have entered into Rebellion in the Kingdom of Ireland, at any time since the Reformation of Religion there, which was settled by Acts of Parliament above eighty Years since, and hath wrought good effects ever since, for the Peace and Welfare, both of the Church and Kingdom there, and of the Church and Kingdom of England, and Protestant party throughout all Christendom, and so hath been found wholesome and necessary by long experience; and the repealing of rhose Laws will set up Popery again, both in Jurisdiction, Profession and Practice, as that was before the said Reformation, and introduce among other inconveniencies the Supremacy of Rome, and take away or much endanger your Majesty's supreme and just Authority in Causes Ecclesiastical, Administration of Honour and Power not to be endured, the said Acts extending as well to seditious Sectaries as to Popish Recusants; so as by the Repeal thereof, any Man may seem to be left to choose his own Religion in that Kingdom, which must needs beget great Confusion; and the abounding of the Roman Clergy, hath been one of the greatest Occasions of this late Rebellion; Besides it is humbly desired, that your Majesty will be pleased to take into your gracious Consideration a Clause in the Act of Parliament, passed by your Majesty's Royal Assent in England, in the 17 th'. year of your Reign, touching Punishments to be inflicted upon those, that shall introduce the Authority of the See of Rome, in any Cause whatsoever. 2. Prop. That your Majesty will be pleased to call a free Parliament in the said Kingdom, to be held and continued as in the said Remonstrance is expressed, and the Statute of the Tenth Year of King Henry the Seventh, called Poyning'● Acts, explaining or enlarging the same, be suspended during that Parliament, for the speedy Settlement of the present Affairs, and the Repeal thereof to be there further considered of. Answ. Whereas their desire to have a free Parliament called, reflecteth by secret and cunning Implication upon your Majesty's present Parliament in Ireland, as if it were not a free Parliament; We humbly beseech your Majesty to represent, how dangerous it is to make such insinuation, or intimation to your People of that Kingdom touching that Parliament; wherein several Acts of Parliament have already past, the validity whereof may be endangered, if the Parliament should not be approved as a free Parliament; and it is a point of high Nature, as we humbly conceive is not properly to be discussed but in Parliament; and your Majesties said Parliament now sitting is a free Parliament in Law, holden before a Person of Honour and Fortune in the Kingdom, composed of good, loyal and well-affected Subjects to your Majesty, who doubtless will be ready to comply in all things that shall appear to be pious and just, for the good of the true Protestant Religion, and for your Majesty's Service and the good of the Church and State; that if this present Parliament should be dissolved, it would be a great Terror and Discontent to all your Majesty's Protestant Subjects of the Kingdom, and may be also a means to force many of your Majesty's Subjects to quit that Kingdom, or peradventure to adhere to some other party there, in opposition of the Romish Irish Confederates, rather than to be liable to their Power, which effects may prove of most dangerous Consequence; And we humbly offer to your Majesty's Consideration, your own gracious Expression mentioned in the Grounds and Motives, inducing your Majesty to agree to a Cessation of Arms for one whole Year, with the Roman Catholics of Ireland, Printed at Oxford the Ninteenth of October, 1643. And let all our good Subjects be assured, that as we have for these reasons, and with Caution and Deliberation consented to the Proposition to peace, and to that purpose do continue our Parliament there, so we shall proceed in the accomplishing thereof with that Care and Circumspection, that we shall not admit even Peace itself, otherwise than it may be agreeable to Conscience, Honour and Justice. We also humbly desire, that such Laws as your Majesty shall think fit to pass, may be transmitted according to poinding's Law, and other Laws of Explanation thereof, or of Addition thereunto now in force, with great Contentment and Security to your Majesty's Protestant Subjects; but if the present Parliament be dissolved, we humbly represent unto your Majesty, that so many of your ablest and best Protestant Subjects have been murdered or banished by this Rebellion, that few or no Protestant Freeholders will be found in the Countries, Cities or Boroughs to elect and choose Knights, Citizens or Burgesses, which will be most dangerous to your Majesty's Rights and Prerogatives, and good Subjects, and may beget great disputes in Aftertimes for the repealing of poinding's Acts, notwithstanding their feigned Expressions of their Loyalty; yet it plainly appeareth they do not repose such Trust in your Majesty's Justice as becomes Loyal Subjects to do (and such they pretend themselves to be) for that they seek thereby to prevent your Majesty, and your Council of England and Ireland of so full a View and Time of Mature Consideration to be had of Acts of Parliament of Ireland before they pass, as in prudence is requisite, and hath been found necessary by the Experience of well near Two Hundred Years; and if their intentions were so clear as they profess, we know not why they should avoid the strictest View and Trial of your Majesty, and your Councils of both Kingdoms; this their desire, tending to introduce a grand Diminution to the royal and necessary Power for the Conservation of your regal State, and Protection of your good Protestant Subjects there and elsewhere; and what special use they aim at in seeking such a repeal, your Protestant Subjects as they know not the particular; so can they conjecture of none, unless the said Confederates have some design by way of surprise, to obtrude upon your Majesty in their new desired Parliament, some Acts of Justification of their ill-done Actions, and for condemning such of your Protestant Subjects, as have in their several Degrees most faithfully served your Majesty there; which we the rather believe, seeing they have vowed by their Oath of Association, and the Bull lately published in Ireland since the Cessation, the Destruction of the Protestants there, when they have the Sword in their hands to put the same in Execution. 3. Prop. That all Acts and Ordinances made, and passed in the now pretended Parliament in that Kingdom, since the Seventh Day of August, 1641. be clearly annulled and declared void, and taken off the File. Answ. We humbly desire, that they particularise those Orders and Ordinances, which may prejudice your Majesty's Service; for we are well assured that the Parliament now sitting in Ireland, on Signification of your Majesty's Pleasure therein, will give your Majesty full satisfaction, or repeal any unjust Orders or Ordinances whatsoever, which may be prejudicial to your Majesty: And there may be some Orders or Ordinances, which may concern particular Persons in their Lives, Liberties or Fortunes, that may suffer unheard by the admitting of so general a Proposition, which is merely proposed, as we humbly conceive, to put a Scorn upon your Majesty's Parliament now sitting there, and to discourage your Protestant Subjects, who have faithfully served your Majesty in that Parliament. 4. Prop. That all Indictments, Attainders, Outlawries in the King's-Bench, or elsewhere, since the said Seventh Day of August, 1641. and all Letters Patents, Grants, Leases, Custodiums, Bonds, Recognizances and all other Records, Act or Acts depending thereon, or in prejudice of the said Catholics; or any of them, be taken off the File, annulled and declared void; First, by your Majesty's Proclamation, and after by Act to be passed in the said free Parliament. Answ. This we conceive to be a very bold Proposition, not warranted as we also conceive, by any Example, and tending to introduce an ill Precedent in Aftertimes; for that was never seen, that the Records were taken off the File, but where there was some Corruption or Fraud, or some illegal or unjust Carriage used; concerning the procuring or making up of such Records, and the same first we'll proved upon due Examination, and that may not only conceal, but in some sort seem to justify their abominable Treasons, Murders, Cruelties, Massacres and Plunders acted against your Majesty's Person, Crown and Dignity, upon the Persons of your Majesty's most Loyal Protestant Subjects in that Kingdom, and encourage the Papists to do the like again; besides the discouragement it may beget in your Majesty's Officers and Subjects to do their duties in the like Insurrections, which may happen hereafter; which also may prove very prejudicial to your Majesty's 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 Canceled. 5. Prop. That inasmuch as under colour of such Outlawries and Attainders, Debts due unto the said Catholics, have been Granted, Levied and disposed of; and of the other side, that Debts due upon the said Catholics to those of the adverse Party, have been levied and disposed of to public use; that therefore all Debts be by Act of Parliament mutually released; or all to stand in Statu quo, notwithstanding any Grant or Dispossession. Answ. We humbly conceive, that in time of Peace, and most settled Government, when the course of Law and Justice is most open and best observed, that Debts due unto the Crown actually levied and paid in to your Majesty's use, ought not to be restored, though the Records of the Forfeitures should be legally reversed, which is far from the present Case; and this Proposition tendeth to cross that just right of your Majesty, and to make the disposition by the Confederate Papist Rebels, of Debts due to Protestants, and by the said Rebels by Fraud and Force levied and disposed in maintenance of their Rebellion, which cunningly they call by the name of Public use, to be in equal degree to the debts owing by the Rebels, and by them all forfeited, and many of them by Law duly levied, which is a most unequal and unjust thing; and the said Proposition cannot, nor doth make offer to have the Pope's Confederates cut off from the debts due to them, which they have justly forfeited, but only for a colour of consideration, to have the Protestants lose such Debts (justly due to them) as have been unjustly taken from them, who have done no Act at all to forfeit them. 6. Prop. That the late Officers taken or found upon feigned or old Titles since the Year 1634, to entitle your Majesty to several Counties in Connaught, Thomond, the County of Tipperary, Limrick, Killkenny and Wicklow, be vacated and taken off the File, and the Possessors thereof settled and secure in their ancient Estates by Act of Parliament; and that the like Act of Limitation of your Majesty's Titles for the security of the Estates of your Subjects in that Kingdom be passed in that Parliament, as was enacted in the One and Twentieth Year of his late Majesty's Reign in this Kingdom. Answ. We know not of any Offices found, or feigned Titles, nor what the Confederates may demand, in respect of any Graces promised by your Majesty, which we intent not, nor have any occasion to dispute; but do humbly conceive, that all those who have committed Treason in the late Rebellion, subsequent to your Majesty's Promise of those Graces, have thereby forfeited the benefit thereof, together with the Lands to which the said Graces might else have related; and so their whole Estates are now justly fallen to your Majesty by their Rebellion, which we conceive is of great importance for your Majesty's Service to be taken into consideration: As First, with regard of the Statutes made in the present Parliament of England. Secondly, that necessary increase of your Majesty's Revenue decayed by the present Rebellion. Thirdly, the abolishing the evil Customs of the Irish, and preservation of Religion, Laws and Government there. Fourthly, the satisfaction of the Protestant Subjects losses in some measure. Pifthly, the Arrears of your Majesty's Army, and other debts contracted for the War, and for preservation of that Kingdom to your Majesty. Sixthly, the bringing in of more British on the Plantation. Seventhly, the building of some walled Towns in remote and desolate places, for the Security of that Kingdom, and your Majesty's good Subjects there. Eighthly, the taking of the Natives from their former dependency on their Chieftains, who usurped an absolute Power over them, to the diminution of all Regal power, and to the oppression of the Inferiors. 7. Prop. That all Marks of Incapacity imposed upon the Natives of that Kingdom, to purchase or acquire Lands, Leases, Offices, or Hereditaments, be taken away by Act of Parliament; and the same to extend to the securing of Purchases, Leases or Grants, already made; and that for the Education of Youth, an Act be passed in the next Parliament, for the erecting of one or more Inns of Court, Universities, Free and Common-Schools. Answ. This we conceive concerneth some of the late Plantations, and no other part of that Kingdom, and that the restriction herein mentioned is found to be of great use, especially for the indifferency of Trials, Strength of the Government, and for Trade and Traffic; and we humbly conceive, that if other Plantations shall not proceed for the settling and securing of the Kingdom; and that if no restraint be made of Popish purchasing, or buylng of the Protestants out of their former Plantations, where they were prudently settled, though now cast out of their Estates by the late Rebellion, and unable to plant the same again for want of means, and therefore probably upon easy Terms will part from their Estates to the Confederates; that those Plantations will be destroyed, to the great prejudice of your Majesty's Service, and endangering of the Safety of that Kingdom. Touching bearing of Offices, we humbly conceive that their now Conformity to the Laws and Statutes of that Realm, is the only Mark of Incapacity imposed upon them; We humbly conceive that we ought not to expect to be more capable there, than the Englssh Natives are here in England: In like manner for Schools in Ireland, there are divers settled in that Kingdom already, by the Laws and Statutes of that Realm; if any Person well affected, shall erect and endow any more Schools there at their own Charges, so that the Schoolmasters and Scholars may be governed according to Laws, Customs and Orders of England, and the rest of Free-Schools here, we cannot apprehend any just exception thereunto: But touching Universities and Inns of Court; We humbly conceive, that this part of the Proposition savoureth of some desire to become independent upon England, or to make aspersion on the Religion and Laws of the Kingdom, which can never be truly happy but in the good Unity of both in the true Protestant Religion, and in the Laws of England, for (as for matter of charge) such of the Natives that are desirous to breed their Sons for Learning in Divinity, can be well content to send them to the Universities of Lovane, Douai, and other Popish places in foreign Kingdoms, and for Civil Law or Physic to Milan and other places, which draws great Treasure yearly out of your Majesty's Dominions; but will send few or none of them to Oxford or Cambridge, where they might as cheeply be bred up and become as Learned, which course I conceive is holden out of their Pride and Disaffection towards this Kingdom, and the true Religion here professed: And for the Laws of the Land which are for the Common Law agreeable to England, and so for the greatest part of the Statutes; the Inns of Court in England are sufficient, and the Protestants come thither without grudging, and that is a means to civilize them after the English Customs, to make them familiar and in love with the Language and Nation, to preserve Law in the Purity, when the Professors of it shall draw from one original Fountain, and see the manner of the practice of that in the same great Channel, where His Majesty's Courts of Justice of England, do flow most clearly; whereas by separation of the Kingdoms in that place of their principal Instruction, where their Foundations of Learning are to be laid, a degenerate Corruption in Religion and Justice may happily be introduced and spread, with much more difficulty to be corrected and restrained afterwards, by any Discipline to be used in Ireland, or punishment there to be inflicted for departing from the true Grounds of things, which are best preserved in Unity when they grow out of the same Root, than if such Universities and Inns of Court as are proposed, should be granted; all which we humbly submit to your Majesty's most pious and prudent Consideration and Judgement. 8. Prop. That the Offices and Places of Command, Honour, Profit and Trust within that Kingdom, be conferred upon Roman Catholic Natives, in equality and indifferency with your Majesties other Subjects. Answ. We humbly conceive that the Roman Catholics, Natives of Ireland, may have the like Offices and Places, as the Roman Catholics, Natives of England have here, and not otherwise; howbeit we conceive, that in the generality they have not deserved so much by their late Rebellion; therefore we see not why they should be endowed, with any new or farther Capacities or Privileges, than they have by the Laws and Statutes now in force in that Kingdom. 9 Prop. That the insupportable Oppression of your Subjects, by reason of the Court of Wards, and Respite of Homage, be taken away, and certain Revenue in Lieu thereof settled upon your Majesty, without Diminution of your Majesty's Profits. Answ. We know of no Oppression by reason of the Court of Wards; and we humbly conceive, that the Court of Wards is of great use for the raising of your Majesty's Revenues, the preservation of your Majesty's Tenors, and chief the Education of the Gentry in the Protestant Religion, and in Civility and Learning, and good Manners; who otherwise would be brought up in Ignorance and Barbarism, their Estates be ruined by their Kindred and Friends, and continue their depending upon their Chieftains and Lords, to the great prejudice of your Majesty's Service, and Protestant Subjects; and there being no colour of exception to your Majesty's just Title to Wardships, we know not why the taking away of your Court concerning the same should be pressed, unless it be to prevent the Education of the Lords and Gentry that fall Wards in the Protestant Religion. For that part of this Proposition which concerns Respite of Homage; We humbly conceive that reasonable, that some way may be settled for that, if that standeth with your Majesty's good Pleasure, without prejudice to your Majesty, or your Majesty's Protestant Subjects. 10. Prop. That no Lord, not estated in the Kingdom, or estated and not resident, shall have vote in the said Parliament by proxy or otherwise, and none admitted to the House of Commons, but such as shall be estated and resident within the Kingdom. Answ. We humbly conceive that in the Year, 1641, by the Graces which your Majesty then granted to your Subjects of Ireland; the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies, and limiting Lords present, and attending in the Parliament of Ireland, that no one of them should be capable of more Proxies than two; and prescribing the Peers of that Kingdom not there resident, to purchase fitting Proportions of Land in Ireland, within five Years from the last of July, 1641, or else to lose their Votes, till they should make such purchases; which purchases by reason of the Troubles happening in the Kingdom, and which have continued for two years and a half, have not peradventure yet been made; and therefore your Majesty may now be pleased, and may take just occasion to enlarge that time for five Years more, from the time when that Kingdom may again be settled in a happy firm peace: And as to Members of the House of Commons, the same is most fit, as we humbly conceive to be regulated by the Laws and Statutes of that Kingdom. 11. Prop. That an Act be passed in the next Parliament declaratory, that the Parliament of Ireland is a free Parliament of itself, independent of, and not subordinate to the Parliament of England, and that the Subjects of Ireland are immediately subject to your Majesty, as in right of your Revenue; and that the Members of the said Parliament of Ireland, and all other the Subjects of Ireland, are independent, and no way to be ordered or concluded by the Parliament of England, and are only to be ordered and governed within that Kingdom by your Majesty, and such Governors as are or shall be there appointed, and by the Parliament of that Kingdom according to the Laws of the Land. Answ. This Proposition concerns your Majesty's High Court of Parliament both of England and Ireland, and is beyond our Abilities (who are not acquainted with the Records and Precedents of this Nature to give an Answer thereunto;) and therefore we humbly desire your Majesty's pardon for not answering unto the same. 12. Prop. That the assumed Power or Jurisdiction in the Council Board of determining all Manner of Causes, be limited to Matters of State; and all Patents, Estates and Grants, illegally and extrajudicially avoided there, or elsewhere, be left in State as before, and the Parties grieved, their Heirs or Assigns till legal Eviction. Answ. The Council-Table hath always exercised Jurisdiction in some Cases, ever since the English Government was settled in that Kingdom, and is of long Continuance in Cases of some Nature, 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 the Nature of a Court of Justice in Cases of some Nature, and may be very necessary still in many Cases, especially for the present, till your Majesty's Laws may more generally be received in that Kingdom; and we conceive that Board is so well limited by printed Instructions, in your Majesty's Royal Father's Time, and by your Majesty's Graces in the Seventeenth Year of your Reign, that it needeth for this present little or not regulating at all; howbeit, they refer that to your Majesty's great Wisdom and Goodness to do therein, as to Law and Justice shall appertain. 13. Prop. That the Statutes of the Eleventh, Twelfth and Thirteenth Years of Queen Elizabeth, concerning the Staple Commodities be repealed, reserving to His Majesty lawful and just Poundage, and a Book of Rates be settled by an indifferent Committee of both Houses for all Commodities. Answ. The matter of this Proposition is settled in a fitting and good way by your Majesty already as we conceive, amongst the Graces granted by your Majesty to your People of Ireland, in the Seventeenth Year of your Majesty's Reign, to which we humbly refer ourselves. 14. Prop. That insomuch as the long continuance of the chief Governor or Governors of that Kingdom, in that place of so great Eminency and Power, hath been a principal Occasion that much Tyranny and Oppression, hath been used and exercised upon the Subjects of that Kingdom; that your Majesty will be pleased to continue such Governors hereafter but for three Years, and that none once employed therein be appointed for the same again, until the Expiration of six Years next after the End of the first three Years, and that an Act pass to disanual such Governor or Governors during their Government, directly or indirectly, in Use, Trust or otherwise to make any manner of Purchase or Acquisition of any Manors, Lands, Tenements or Hereditaments within that Kingdom, other than from your Majesties own Heirs and Successors. Answ. We humbly conceive, that this Proposition tendeth to lay a false and scandalous Aspersion on your Majesty's gracious Government over Ireland, and that it toucheth very high upon your Wisdom, Justice and Power; and under Colour of supposed Corruptions pretended to be in the greatest Officer, that commandeth under your Majesty there, if he continue so long in his Government, as may well enable him to find out and discover the true State of the Kingdom, and the dangerous Disposition and Designs of the Popish party there, to prevent him therein, and to turn him out from doing Service, before or as soon 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 Kingdom, your Majesty may be pleased to leave them to the Laws, and punish them severely if they commit any Offence, or exercise any Oppressions under Colour of purchasing of any Lands or Estates whatsoever. 15. Prop. That an Act may be passed in the next Parliament, for the raising and settling of Trained Bands, within the several Counties of that Kingdom, as well to prevent foreign Invasion, as to render them the more serviceable and ready for your Majesty's Service, as Cause shall require. Answ. The having of Train-Bands in Ireland for the present cannot (under favour) be for your Majesty's Service, or the Safety of that Kingdom; for that the Protestants by the said sad Effects of the late Rebellion are so much destroyed, that the said Bands must consist in effect altogether of the Confederates, Catholics; and to continue them in Arms, stored with Ammunition, and made ready for Service by Mustering and often Training, will prove, under Colour of advancing your Majesty's Service against foreign Invasions, a mere Guard and Power of the Popish Confederates, and by force of Arms (according to their late Oaths and Protestations) to execute all their cruel Designs for extirpation of the Protestant Religion, and English Government; both of which they MORTALLY HATE however in cunning they dissemble it, and to prevent the settling an Army of good Protestants, without which your Majesty's good Subjects cannot live securely there. 16. Prop. That an Act of Oblivion be passed in the next free Parliament, to extend to all your Majesties said Catholic Subjects, and their Adherents, for all manner of Offences, Capital Criminal and Personal, and the said Act to extend to all Goods and Chattels, Customs, Mesne Profits, Prizes, Arrears of Rent 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 Majesty's Protestant Subjects, who have committed to Offence against your Majesty or your Laws, shall be barred or deprived of any of their legal Remedies, or just Demands, which by any of your Majesty's Laws and Statutes, they may have against the Popish Confederates, who are the only Delinquents, 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 Lands, Goods or Estates, since the contriving or breaking forth of the Rebellion, the said Confederates having without provocation shed so much innocent Blood, and acted so many Cruelties as cannot be parallelled 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 general Terms, some of the Comederates having been Contrives or Actors of such cruel Murders, ☞ and other Acts of Inhumanity, as cry to God and your Sacred Majesty for Justice; and they having of your Majesty's Revenues, Customs, Subsidies, and other Rights of your Crown in their hands, are disbursed by them, to the Value of Two Hundred Thousand Pounds and more. 17. Prop. For as much as your Majesties said Catholic Subjects, have been taxed with many inhuman Cruelties which they never committed, your Majesty's said Suppliants therefore, for their Vindication, and to manifest to all the World, their desire to have all such heinous Offenders punished, and the Offenders brought to Justice, do desire that in the next Parliament all notorious Murders, Breaches of Quarter, and inhuman Cruelties committed of either Side, may be questioned in the said Parliament, if your Majesty 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. Answ. 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 equal and just Parliament, as in some of our Reasons touching that point is expressed; ☞ and the offering to draw it to a new Parliament, is in effect to desire, that they may be their own Judges: For as that Kingdom is now imbroiled and wasted, the chief Delinquents or their Confederates will be so prevalent a Faction in the next Parliament, that they will be able, and doubtless will clear all the Popish Party, how guilty soever, and condemn all the Protestants how innocent soever. These Answers to the high and unexpected demands of the Confederates, we have framed in humble obedience to your Majesty's directions; but being very sensible as of the weight and great importance of the business, so also of our own weakness and want of time; and well knowing that some of your Majesty's Privy-Counsellors, Judges and Officers of that Kingdom, are now in Town, sent for over, and here attending by your Majesty's Command, who by their long observations● and experience of the afar and state of Ireland, are better abl● to give your Majesty mor● full and satisfactory answers, touching the premises, than we can, and conceiving that the Collection in answer to the said Confederates Remonstrance, which we humbly presented to your Majesty, the Seventeenth of the last Month of April, may in many things give your Majesty more light than these our answers do or can: We humbly beseech your Majesty, that the said Privy-Counsellors, Judges and Officers, as occasion shall require, may be called upon and heard to give your Majesty the more satisfaction in these particulars; and that to the same purpose, the Book of the said Collections may be perused and considered of, as your Majesty shall find most requisite. Append. XXIV. Articles of Peace, made, concluded, accorded and agreed upon, by and between his Excellency James Lord Marquis of Ormond, Lord Lieutenant General, and General Governor of his Majesty's Kingdom of Ireland, for and on the behalf of His most Excellent Majesty of the one part: And Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Robert Talbot Baronet, Dermot O Bryen, Patrick Darcy, Geoffrey Brown, and John Dillon, Esquires, Appointed and Authorised for and in the behalf of His Majesties said Roman-Catholick Subjects on the other part. 1. IT is concluded, accorded and agreed upon, by his Majesty's said Commissioner, for and on the behalf of His most Excellent Majesty, and the said Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Robert Talbot Baronet, Dermot O Bryen, Patrick Darcy, Geoffrey Brown, and John Dillon, Esquires, on the behalf of the said Roman Catholic Subjects; and his Majesty is graciously pleased, that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom, That the Professors of the Roman Catholic Religion in the said Kingdom or any of them be not bound or obliged to take the Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy; and that the said Oath shall not be tendered unto them; and that the refusal of the said Oath shall not redound to the prejudice of them, or any of them, they taking the Oath of Allegiance in haec verba. I A. B. do truly acknowledge, confess, testify, and declare in my conscience before God and the World, That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm, and of other His Majesty's Dominions and Countries; and I will bear Faith and true Allegiance to His Majesty, and His Heirs and Successors, and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever, which shall be made against His or their Crown or Dignity, and do my best endeavour to disclose and make known unto His Majesty, His Heirs and Successors, or to the Lord Deputy or other Governor for the time being, all Treasons or Trayterout Conspiracies, which I shall know or hear to be intended against his Majesty or any of them; and I do make this recognition and acknowledgement hearty, willingly, and truly, upon the true faith of a Christian. So help me God, etc. So as by the same Act it be further Provided and Enacted, that if any Roman-Catholick happen to be promoted, presented or advanced to any Ecclesiastical Promotion, Dignity or Benefice according to the form now used in the Protestant Church of Ireland, that the freedom and exemption aforesaid shall not extend to any such Roman-Catholick. Or if any being a Protestant, be advanced, promoted or presented to any Ecclesiastical Benefice, Dignity or Promotion, shall afterwards happen to become a Roman-Catholick, that the freedom and exemption aforesaid shall not so far extend to any such Roman-Catholick, but that upon tender of the said Oath, and refusal thereof, he be for that cause left subject to privation of the said Benefice, Dignity or Promotion, according to the said Statue; and it is further concluded, accorded and agreed, by and between the said Parties, that for all matters concerning the first Proposition of the said Catholics, viz. That all Acts made against the Professors of the Roman-Catholick Faith, whereby any restraint, penalty, mulct, or incapacity may be laid upon any Roman-Catholick within the Kingdom of Ireland, may be Repealed, and the said Catholics to be allowed the freedom of the Roman Catholic Religion. That His Majesties said Roman-Catholick Subjects, be referred to His Majesty's gracious Favour and further Concessions; and that no clause in these Articles shall or may hinder His Majesties said Roman-Catholick Subjects, or any of them from the benefit of His Majesties further Graces and Concessions; and that no use shall be made of the Papers passed on this Treaty, or any of them concerning the said first Proposition, which may in any sort hinder the said Roman-Catholick Subjects, or any of them, from His Majesty's further Concessions. And that His Majesties said Commissioner and other chief Governor or Governors of this Kingdom for the time being, shall cause whatsoever shall be further directed by His Majesty, to be passed in Parliament, for and on the behalf of His said Roman Catholic Subjects, to be accordingly drawn into Bills, and transmitted according to the usual manner, to be afterwards passed as Acts in the said Parliament. 2. It is further concluded, accorded and agreed upon, by and between the said Parties, and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom, on or before the last day of November next ensuing; and that all matters agreed on by these Articles to be passed in Parliament, shall be transmitted into England, according to the usual form, to be passed in the said Parliament, and that the said Acts so to be agreed upon, and so to be passed, shall receive no alteration or diminution here or in England; provided, that nothing shall be concluded by both or either of the said Houses of Parliament, which may bring prejudice to any of His Majesty's Protestant Party, or their Adherents, or to any of his Majesties Roman-Catholick Subjects Party, or their Adherents, other than such things as upon this Treaty shall be concluded to be done, or such things as may be proper for the Committee of Privileges of either or both Houses, to take cognizance of, as in such cases heretofore hath been accustomed, and such other things as shall be propounded to either or both Houses by the Lord Lieutenant, or other chief Governor or Governors for the time being, during the said Parliament, for the advancement of His Majesty's Service, and the Peace of the Kingdom, which Clause is to admit no construction, which may trench upon these Articles, or any of them. 3. It is further concluded, accorded and agreed upon, by and between the said Parties, and His Majesty is further graciously pleased, that all Acts, Ordinances and Orders made by both or either Houses of Parliament, to the blemish, dishonour, or prejudice of His Majesties Roman-Catholick Subjects of this Kingdom, or any of them, since the Seventh of August, 1641, shall be vacated, and that the same, and all exemplifications, and other Acts, which may continue the memory of them, be made void by Act of Parliament. 4. It is further concluded, accorded and agreed upon, by and between the said Parties, and His Majesty is further graciously pleased, that all Indictments, Attainders, Outlawries in this Kingdom, and all the Processes and other proceed thereupon, and all Letters Patents, Grants, Leases, Custodiams, Bonds, Recognizances, and all Records, Act or Acts, Office or Offices, Inquisitions, and all other things depending upon, or taken by reason of the said Indictments, Attainders, or Outlawries since the Seventh of August, 1641, in prejudice of the said Catholics, their Heirs, Executors, Administrators and Assigns, or any of them, or the Widows of them or any of them, shall be vacated and made void in such sort, as no memory shall remain thereof, to the blemish, dishonour or prejudice of the said Catholics, their Heirs, Executors, Administrators or Assigns, or any of them, or the Widows of them, or any of them, and that to be done immediately after concluding of these Articles, and at furthest before the First day of October next; or in case the said new Parliament be called sooner than the said last day of November, than Forty days before the said Parliament. And that all impediments which may hinder the said roman-catholics to Sat or Vote in the next intended Parliament, or to choose or to be chosen Knights and Burgesses to Sat or Vote there, shall be removed before the said Parliament, provided that no man shall be questioned by reason of this Article for mesne rates or wastes, saving wilful wastes committed after the First of November, 1645. 5. It is further concluded, accorded and agreed upon, by and between the said parties; And His Majesty is further graciously pleased, that all debts do stand in state as they were in the beginning of those troubles, and that no grant or disposition made, or to be made thereof, by virtue or colour of any Attainder, Outlawry, Fugacy or other Forfeiture whatsoever, or otherwise, shall be of force, and this to be passed as an Act in the said next Parliament. 6. It is concluded, accorded and agreed, by and between the said parties, and His Majesty is graciously pleased, that for the securing of the Estates or reputed Estates of the Lords, Knights, Gentlemen and Freeholders, or reputed Freeholders, as well of Connaught, and County of Clare, or Country of Thomond, as of the County of Limerick and Tipperary, the same to be secured by Act of Parliament according to the intent of the Five and Twentieth Article of the Graces, granted in the Fourth year of his Majesty's Reign, the Tenor whereof, for so much as concerneth the said Proposition, doth ensue in these words, viz. We are Graciously pleased, that for the securing of the Inhabitants of Connaught, and Country of Thomond, and County of Clare, that their several Estates shall be confirmed unto them and their Heirs, against Us, and our Heirs and Successors, by Act to be passed in the next Parliament to be holden in. Ireland, to the end the same may never hereafter be brought into any further question by Us, Our Heirs and Successors; in which Act of Parliament so to be passed, you are to take care, that all Tenors in Capite, and all Rents and Services, as are now due, or which ought to be answered unto Us, out of the said Lands and Premises by any Letters Patents passed thereof, since the first year of King Henry the Eighht, or found by any Office taken from the said first year of King Henry the Eighth, until the One and Twentieth of July 1615, whereby our late dear Father, or any His Predecessors actually received any profit, by Wardship, Liveries, primer Seisins, mesne rates, O●ster le mains, or fines of alienations without licence, be again reserved unto Us, Our Heirs and Successors; And all the rest of the premises to be holden of Our Castle of Athloane, by Knight's Service, according to our said late Father's Letters, notwithstanding any Tenors in Capite found for Us by Office since the One and Twentieth of July, 1615, and not appearing in any such Letters Patents, or Offices, within which rule it is His Majesty's pleasure, and it is so concluded and agreed, that the said Lands in the Counties of Limerick and Tipperary, be included, but to be held by such Rents and Tenors only as they were in the Fourth Year of His Majesty's Reign: Provided always, and it is the intention of the said parties to these presents, that the said Lords, Knights, Gentlemen and Freeholders, or reputed Freeholders of the said Province of Connaught, County of Clare, and Country of Thomond, and Counties of Tipperary and Limerick, shall have and enjoy the full benefit of such Composition and Agreement, which shall be made with His most Excellent Majesty for the Court of Wards, Tenors, Respites and Issues of Homage, any clause in this Article contained to the contrary notwithstanding. And as for the Lands within the Counties of Kilkenny and Wickloe, unto which His Majesty was Entitled by Offices taken or found in the time of the Earl of Strafford's Government in this Kingdom; His Majesty is graciously pleased, that the state thereof shall be considered in the next intended Parliament, wherein His Majesty will assent unto that which shall be Just and Honourable. And it is further concluded and agreed, by and between the said Parties, and His Majesty is further graciously pleased, that the like Act of Limitation of His Majesty's Titles for the security of the Estates of His Subjects of this Kingdom, be passed in the said Parliament, as was Enacted in the One and Twentieth Year of His late Majesty King James His Reign in England. 7. It is further concluded, accorded and agreed upon, by and between the said Parties, and His Majesty is further graciously pleased, that all Incapacities imposed upon the Natives of this Kingdom, or any of them as Natives, by any Act of Parliament, Prouisoes in Patents, or otherwise, be taken away by Act to be passed in the said Parliament; and that they may be enabled to erect one or more Inns of Court, in or near the City of Dublin, and that such Students, Natives of this Kingdom, as shall be therein, may take and receive the usual Degrees accustomed in any Inns of Court, they taking the Oath already mentioned: And that they may erect one or more Universities to be Governed by such Rules and Orders as His Majesty shall appoint. And it is further concluded and agreed, by and between the said Parties, and His Majesty is graciously pleased, that the said Roman-Catholick Subjects may erect and keep Free-Schools for education of Youth in this Kingdom, any Law or Statute to the contrary notwithstanding, all the matters of this Article to be passed as Acts of Parliament in the said next Parliament. 8. It is further concluded, accorded and agreed upon, by and between the said Parties, and His Majesty is graciously pleased, That Places of Command, Honour, Profit and Trust in His Majesty's Armies in this Kingdom, shall be upon perfection of these Articles actually, and by particular instances conferred upon His Roman-Catholick Subjects of this Kingdom; and that upon the distribution, conferring and disposal of the Places of Command, Honour, Profit and Trust in his Majesty's Armies in this Kingdom, for the future no difference shall be made between the said roman-catholics, and other His Majesty's Subjects; but that such distribution shall be made with equal indifferency, according to their respective Merits and Abilities: And that all his Majesty's Subjects of this Kingdom, as well roman-catholics as others, shall for his Majesty's Service, and their own security, arm themselves the best they may, wherein they shall have all fitting encouragement. And the Places of Command, Honour, Profit and Trust in Civil Government in this Kingdom, shall be upon passing of the Bills, in these Articles mentioned, in the next Parliament actually and by particular instances conferred upon his Majesties Roman-Catholick Subjects of this Kingdom; and that in the distribution, conferring, and disposal of the places of Command, Honour, Profit and Trust, in the Civil Government for the future, no difference shall be made between the said roman-catholics and others His Majesty's Subjects, but that such distribution shall be made with equal indifferency, according to their respective merits and abilities: and that in the distribution of Ministerial Offices, or Places which now are, or hereafter shall be void in this Kingdom, equality shall be used to the Roman-Catholick Natives of this Kingdom, as to other his Majesty's Subjects. That the Command of Forts, Castles, Garrisons, Towns, and other Places of Importance in this Kingdom, shall be conferred upon His Majesties Roman-Catholick Subjects of this Kingdom upon perfection of these Articles, actually and by particular instances; and that in the distribution, conferring and disposal of the Forts, Castles, Garrisons, Towns, and other places of Importance in this Kingdom, no difference shall be made between his Majesties Roman-Catholick Subjects of this Kingdom, and other his Majesty's Subjects, but that such distribution shall be made with equal indifferency, according to their respective Merits and Abilities. 9 It is further concluded, accorded and agreed upon, by and between the said Parties, and his Majesty is further Graciously pleased, that His Majesty will accept of the Yearly Rend or Annual Sum of Twelve Thousand Pounds Sterling, to be applotted with indifferency and equality, and consented to be paid to His Majesty, his Heirs and Successors in Parliament, for and in lieu of the Court of Wards in this Kingdom, Tenors in Capite, common Knights service, and all other Tenors within the Cognizance of that Court; and for, and in Lieu of all Wardships, primer Seisins, Fines, Ousterlemains, Liveries, Intrusions, Alienations, Mesne-rates, Reliefs, and all other Profits, within the Cognizance of the said Court, or Incident to the said Tenors or any of them, or Fines to accrue to His Majesty, by reason of the said Tenors or any of them, and for, and in lieu of Respites, and Issues of Homage, and Fines of the same; And the said Yearly Rend being so Applotted and consented unto in Parliament as aforesaid; then a Bill is to be agreed on in the said Parliament, to be Passed as an Act, for the securing of the said Yearly Rend, or Annual Sum of Twelve thousand pounds, to be Applotted as aforesaid, and for the Extinction and taking away the said Court, and other matters aforesaid in this Article contained: And it is further Agreed, that reasonable Compositions shall be accepted for Wardships fallen since the 23 d. of October 1641. and already granted; And that no Wardships fallen, or not granted, or that shall fall, shall be passed, until the Success of this Article shall appear; And if His Majesty be Secured as aforesaid, Then all Wardships fallen since the said 23 d. of October, are to be included in the Agreement aforesaid, upon Composition to be made with such as have Grants as aforesaid, which composition to be made with the Grantees since the time aforesaid, is to be left to indifferent Persons, and the Umpirage to the said Lord Lieutenant, His Majesty's Commissioner. 10. It is further concluded, accorded and agreed, by and between the said Parties, and His Majesty is further graciously pleased, that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies than two, and that blank Proxies shall be hereafter totally disallowed, and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within Five Years, to begin from the conclusion of these Articles, Purchase in this Kingdom as followeth, viz. A Lord Baron two hundred pounds per annum, a Lord Viscount four hundred pounds per annum, and an Earl six hundred pounds Stir. per annum, shall lose their Votes in Parliament, until such time as they shall afterwards acquire such Estates respectively: And it is further agreed, that none be admitted into the House of Commons but such as shall be Estated, and Resident within this Kingdom. 11. It is further Concluded, Accorded and Agreed by and between the said Parties, and His Majesty is further graciously pleased, that as for and concerning the Independency of the Parliament of Ireland on the Parliament of England, His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland. 12. It is further Concluded, Accorded and Agreed, by and between the said parties, and His Majesty is further graciously pleased, That the Council Table shall contain itself within its proper bounds in handling matters of State and weight fit for that place, amongst which the Patents of Plantation, and the Offices whereupon those Grants are founded, are to be handled as matters of State, and be Herd and Determined by the Lord Lieutenant or other chief Governor or Governors for the time being, and the Council, publicly at the Council Board, and not otherwise; but Titles between Party and Party, grown after these Patents granted, are to be left to the ordinary course of Law; and that the Council Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts, nor with the altering of Possessions of Lands, nor make, nor use private Orders, Hear, or References concerning any such matter, nor grant any Injunction or Order for stay of any Suits in any Civil Cause, and that parties Grieved, for or by reason of any proceed formerly had there, may commence their Suits and prosecute the same, in any of His Majesty's Courts of Justice or Equity, for remedy of their pretended Rights, without any restraint or interruption from His Majesty, or otherwise by the chief Governor or Governors and Council of this Kingdom. 13. It is further Concluded, Granted and Agreed, by and between the said Parties, and His Majesty is further graciously Pleased, that as for and concerning one Statue made in this Kingdom in the Eleventh year of the Reign of Queen Elizabeth, entitled An Act for staying of Wool, Flocks, Tallow, and other necessaries within this Realm. And one other Statue made in the said Kingdom in the Twelfth year of the said Queen, entitled An Act—. And one other Statute made in the said Kingdom, in the Thirteenth year of the Reign of the said late Queen, entitled An explanation of the Act made in a Session of this Parliament for staying of Wool, Flocks, Tallow and other Warts and Commodities mentioned in the said Act, and certain Articles added to the same Act; all concerning Staple or Native Commodities of this Kingdom, shall be Repealed, excepting for Wool and Wool Fells, and that such indifferent Persons as shall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret, etc. or any Five or more of them shall be Authorized by Commission under the great Seal, to Moderate and Ascertain the Rates of Merchandise to be Exported or Importedout of, or into this Kingdom, as they shall think fit. 14. It is further Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty is further graciously pleased, that care be had, that the chief Governor or Governors of this Kingdom for the time being, shall not continue in those Places longer than he shall find for the good of his People here, and that they shall be Inhibited to make any Purchase other than by Lease for Provision of their Houses, during the time of their Government. 15. It is further Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty is further graciously pleased, that an Act of Oblivion shall be Passed in the next Parliament to extend unto all His Majesty's Subjects of this Kingdom and their Adherents, of all Treasons and Offences, Capital, Criminal and Personal, and other Offences of what Nature, Kind or Quality soever, in such manner, as if such Treasons or Offences had never been Committed, Perpetrated or Done; That the said Act do extend to the Heirs, Children, Kindred, Executors, Administrators, Wives, Widows, Dowagers and Assigns, of such of the said Subjects, and their Adherents, who died on, or since the 23 th'. of October 1641. That the said Act do relate to the First Day of the next Parliament: That the said Act do extend to all Bodies Politic and Corporate, and their respective Successors, and unto all Cities, Burroughs, Counties, Baronies, Hundreds, Towns, Villages, tithings, and every of them within this Kingdom, for and concerning all and every of the said Offences, or any other Offence or Offences, in them, or any of them committed or done, by his Majesty's said Subjects or their Adherents, or any of them, in, or since the 23 d. of October 1641. That this Act shall extend to Piracies and all other Offences, committed upon the Sea by his Majesty's said Subjects, or their Adherents, or any of them; That in this Act of Oblivion, Words of Release, Aquittal, and Discharge be Inserted; That no Person or Persons, Bodies Politic or Corporate, Counties, Cities, Burroughs, Baronies, Hundreds, Towns, Villages, tithings, or any of them within this Kingdom, included within the said Act, be Troubled, Impeached, Sued Inquieted, or Molested, for, or by reason of any Offence, Matter or Thing whatsoever, comprised within the said Act, and the said Act shall extend to all Rents, Goods and Chattels, Taken, Detained, or grown Due, to the Subjects of the one side to the other, since the 23 d. of October 1641. to the Date of these Articles, and also to all Customs, Rents, Arrears of Rents, Prizes, Recognizances, Bonds, Fines, Forfeitures, Penalties, and to all other Profits, Perquisites, and Deuce, which were Due, or did, or should Accrue to his Majesty, on, before, or since the 23 d. of October 1641. until the perfection of these Articles, and likewise to all Mesne Rates, Fines, of what nature soever, Recognizances, Judgements, Executions thereupon, and Penalties whatsoever, and to all other Profits due to His Majesty since the said 23 d. of October and before, until this present, for, by reason, or which lay within the Survey or Cognizance of the Court of Wards; and also to all Respites, Issues of Homage and Fines for the same; provided this shall not extend to Discharge or Remit any of the King's Debts or Subsides, Due before the said 23 d. of October 1641. which were then, or before, Levied, or Taken by Sheriffs, Commissioners, Receivers or Collectors, and not then, or before accounted for, or since disposed to Public use of the said Roman Catholic Subjects, but that such Persons may be brought to account for the same, after full settlement in Parliament, and not before; provided that such Barbarous and inhuman Crimes, as shall be particularised and agreed upon, by the said Lord Lieutenant, and the Lord Viscount Mountgarret, etc. or any Five or more of them, as to the Actors and Procurers thereof, be left to be Tried and Adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant, and the said Lord Viscount Mountgarret, etc. or any Five or more of them, and that the Power of the said Commissioners shall continue only for Two Years next ensuing the Date of these present Articles; Provided also that the Commissioners to be Agreed on for Trial of the said particular Crimes to be Excepted, shall Hear, Order and Determine all cases of Trust, where Relief may or aught in Equity to be afforded against all manner of Persons, according to the Equity and Circumstances of every such Case: And His Majesty's Chief Governor or Governors, and other Governors and Magistrates for the time being, and all His Majesty's Courts of Justice, and other His Majesty's Officers, of what Condition or Quality soever, be Bound and Required to take notice of, and pursue the said Act of Oblivion, without Pleading or Suit to be made for the same; And that no Clerk or other Officers do make out, or write out, any manner of Writs, Processes, Summons, or other Precepts, for, concerning, or by reason of any Matter, Cause, or Thing whatsoever, Released, Forgiven, Discharged, or to be Forgiven by the said Act, under pain of Twenty pound Sterling; And that no Sheriff or other Officers do Execute any such Writ, Process, Summons, or Precept; and that no Record, Writing, or Memory, do remain of any Offence, or Offences, Released, or Forgiven, or mentioned to be Forgiven by this Act; And that all other causes usually inserted in Acts of General Pardon or Oblivion, enlarging His Majesty's Grace and Mercy, not herein particularised, be inserted and comprised in the said Act, when the Bill shall be drawn up, with the Exceptions already expressed, and none other; Provided always that the said Act of oblivion, shall not extend unto any Treason, Felony, or other Offence or Offences, which shall be committed or done from or after the Date of these Articles, until the First day of the before mentioned next Parliament to be held in this Kingdom; Provided also, that any Act or Acts which shall be done by virtue, pretence, or in persuance of these Articles or any of them, after the Publication of the said Articles, or any Act or Acts, which shall be done by Virtue, Colour, or Pretence of the Power or Authority used, or exercised, by and amongst the confederate Roman Catholics, after the Date of these Articles, and before the said Publication, shall not be Accounted, Taken, Construed, or be Treason, Felony, or other Offence, to be excepted out of the said Act of Oblivion; Provided likewise that the said Act of Oblivion shall not extend unto any Person or Persons, that will not Obey and Submit unto the Peace Concluded, and Argeed on by these Articles. 16. It is further Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty is further graciously pleased, that an Act be Passed in the next Parliament prohibiting that neither the Lord Deputy, or other Chief Governor, Governors, Lord Chancellor, Lord High-Treasurer, Vice-Treasurer, Chancellor, or any of the Barons of the Exchequer, Privy Council, or Judges of the four Courts, be Farmours of His Majesty's Customs within this Kingdom. 17. It is further Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty is further graciously pleased, that an Act of Parliament Pass in this Kingdom against Monopolies, such as was Enacted in England, 21. Jacobi Regis, with a further clause of Repealing all Grants of Monopolies in this Kingdom, and that Commissioners be Agreed upon by the said Lord Lieutenant, and the Lord Viscount Mountgarret, etc. or any Five or more of them, to set down the Rates for the Custom, or Imposition to be laid on Aquavite, Wine, Oil, Yarn, and Tobacco. 18. It is further Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty is further graciously pleased, that such Persons asshall be Agreed on by the said Lord Lieutenant, and the said Lord Viscount Mountgarret, etc. or any Five or more of them, shall be upon conclusion of these Articles, Authorized by Commission under the great Seal, to Regulate the Court of Castlechamber, and such causes as shall be borough into, and censured in the said Court. 19 It is further Concluded, Accorded and Agreed, by and between the said Parties, and his Majesty is further graciously pleased, that two Acts lately Passed in this Kingdom, prohibiting the Ploughing with Horses by the tail, and the other prohibiting the burning of Oats in the Straw, be Repealed. 20. It is further Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty is further graciously pleased, that upon perfection of these Articles such course shall be taken against such who have disobeyed the Cessation, and will not submit to the Peace, if any shall Oppose it, as shall be just, and for the Peace of the Kingdom. 21. It is further Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty is further graciously pleased, forasmuch as upon application of Agents from this Kingdom unto His Majesty in the Fourth Year of his Reign, and lately upon humble Suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom, Order was given by His Majesty for redress of several Grievances, and for so many of those as are not expressed in these Articles, whereof both Houses in the next ensuing Parliament, shall desire the benefit of His Majesty's said former directions for Redresses therein, that the same be afforded them, yet so, as for prevention of inconveniencies to His Majesty's Service, that the warning mentioned the 21st. Article of the Graces in the Fourth Year of His Majesty's Reign, be so understood, that the Warning being left at the Persons dwelling Houses, be held sufficient Warning, and that, as to the 22 d. Article of the said Graces, the Process hitherto used in the Court of Wards do still continue, as hitherto it hath done in that, and hath been used in other English Courts; but the Court of Wards being compounded for, so much of the aforesaid Answer as concerns Warning, and Process, shall be omitted. 22. It is further Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty is further graciously pleased, that Maritime causes may be determined in this Kingdom, without driving of Merchants or others to Appeal and seek Justice elsewhere; and if it shall fall out that there be cause of an Appeal, the Party grieved is to Appeal to His Majesty in the Chancery of Ireland, and the Sentence thereupon to be given by the Delegates, to be Definitive, and not to be questioned upon any further Appeal, except it be in the Parliament of this Kingdom, if the Parliament shall then be Sitting, otherwise not; This to be by Act of Parliament. 23. It is further Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty out of His abundant Grace and Goodness to His Subjects of this Kingdom, is graciously pleased to Assent, that his said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles, in the Earl of strafford's Government; This to be by Act of Parliament. 24. It is further Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty is further graciously pleased, that by Act to be Passed in the next Parliament, all the arrears of Interest of Money which did accrue, or grow due by way Debt, Mortgage, or otherwise, and yet not satisfied, since the 23 d. of October 1641. until the perfection of these Articles shall be fully Forgiven and Released; And that for and during the space of Three Years next ensuing, no more shall be taken for Use, or Interest or Money, than Five pounds' percent. and in all Cases of Equity arising through disability occasioned by the distempers of those Times, the considerations of Equity to be alike unto both Parties. 25. It is Concluded, Accorded and Agreed, by and between the said Parties, and His Majesty is graciously pleased, that the said Richard Lord Viscount Mountgarret, etc. shall be immediately upon conclusion of these Articles, Authorized by Act of State to proceed in, Hear, Determine, and Execute within the Cities, corporate Towns, Counties and parts of Counties, now, or late, within the Quarters of the said confederate Catholics, the ensuing particulars, and all matters thereupon depending, and that the said Act of State, and other the Authorities hereafter mentioned shall remain of Force without Revocation, Alteration, or Dimunition, until Acts of Parliament be passed according to the Purport and Intent of these present Articles; only in case of Death of any of the said Persons so to be Authorized, the Lord Lieutenat, or other Chief Governor or Governors of this Kingdom for the time being, shall by the Advice and Consent of the Persons so to be Authorized, then Living, or any Five or more of them, name others in the place of such who shall be so Dead, and the Persons so to be named, to be Authorized as the former, and that the Persons to be Authorized as aforesaid, or any Five or more of them be permitted without interruption to Applot, Raise, and Levy Means with Indifferency and Equality, upon all His Majesty's Roman Catholic Subjects of this Kingdom, for the Raising, Clothing, and bringing to Seaports, and Maintaining there, until they be Shipped, Ten thousand Men promised by the confederate Catholics of this Kingdom to assist His Majesty, and to Levy the Arrears of all Excises, and other Public Taxes already Imposed by them, and yet unpaid; and to call all Receivers and other Accomptants of all former Taxes and Public Deuce, to a just and strict Account, either by themselves, or by such as they, or any Five or more of them shall Name and Appoint; And that the said Persons to be Authorized as aforesaid, or any Five or more of them shall have power to Applot, Raise, and Levy means, with Indifferency and Equality, by way of Excises, otherwise, in the several Cities, Corporate Towns, Conties and parts of Counties now within the Quarters of the said Confederate Catholics, towards the maintenance of such Army or Armies as shall be thought fit to continue, and be in Pay, for the defence of the Kingdom, and towards the maintenace of all the Forts, Castles, and Garrisons within both, or either, of the now Quarters of either Party, other than such of the said Garrisons, Forts, and Castles, as from time to time, until there be a settlement in Parliament, shall be thought fit by His Majesty's chief Governor, or Governors of this Kingdom for the time being, by and with the Advice and Consent of the said Persons so to be Authorized, or any Five or more of them, not to be maintained at the charge of the Public; Provided that His Majesty's Lieutenant, or other chief Governors for the time being, be first made acquainted with such Taxes, Levies, and Excises, as shall be made, and the manner of Levying thereof, and that he approve the same, and that the Persons to be Authorized as aforesaid, or any Five or more of them shall be Authorized to appoint Receivers, Collectors, and all other Officers, for such moneys as shall be so Assessed, and for the Arrears of all former Applotments, Taxes, and other Public Dues yet unpaid; and that the Persons so to be Authorized, or any Five or more of them, in case of Refractoriness, or Delinquency, may Distrain, and Imprison, and cause such Delinquents to be Distrained or Imprisoned, and that the profits of the Estates, within the now Quarters of the confederate Catholics, of such as shall adhere to the Parliament, and not submit to the Peace, be accounted as Public Deuce, and be converted to the maintenance of the King's Army, and that the said Persons to be Authorized as aforesaid, or any Five or more of them, shall have Power to Applot, Raise, and Levy means with Indifferency and Equality, for the buying of Arms and Ammunition, and for entertaining of Frigates, in such proportion and manner as shall be thought fit by His Majesty's Lieutenant, or other chief Governor, or Governors, for the time being, by and with the Advice and Consent of the said Richard Lord Viscount Mountgarret, etc. or any Five or more of them; the said Arms and Ammunition, to be laid up in such Magazines, and under the charge of such Persons as shall be agreed, by the said Lord Lieutenant, and the said Persons to be authorised as aforesaid, or any Five or more of them, and to be issued, and the said Frigates to be employed by the Lord Lieutenant or other chief Governor or Governors for the time being, for the safety of the Kingdom, by the advice and consent of the said Richard Lord Viscount Mountgarret, etc. or any Five or more of them; and that the said Persons so to be authorised as aforesaid, or any Five or more of them shall have power to Applot, Raise, and Levy Means with indifferency and equality, by way of Excises, or otherwise in the several Cities, Corporate Towns, Counties and parts of Counties now within the Quarters and upon the Estates of the said Confederate Catholics, all such Sum and Sums as shall appear unto the said Persons, to be authorised as aforesaid, or any Five or more of them, to be really due, for and in discharge of the public engagements of the said Confederate Catholics, incurred or grown due before the Conclusion of these Articles, and that the said Persons to be authorised as aforesaid, or any Five or more of them, shall have power to Applot, Raise, and Levy Means with indifferency and equality by way of Excise, or otherwise, in the several Cities, Corporate Towns, Counties and parts of Counties now within the Quarters of the said Confederate Catholics, as well for the Persons to be authorised as aforesaid, and also for such other Person and Persons as shall be employed in public Affairs within the several Cities, Corporate Towns, Counties, and parts of Counties within the now Quarters of the said Confederate Catholics from time to time, until a settlement by Parliament; and that the said Persons to be authorised as aforesaid, or any Five or more of them, make perfect Books of all such moneys as shall be Applotted, Raised, and Levied; out of which Books, they are to make several and respective Abstracts to be delivered unto their Hands, or the Hands of any Five or more of them, to the several and respective Collectors, who shall be appointed to Levy and Receive the same; and that a duplicate of the said Books, under the Hands of the said Persons to be authorised as aforesaid, be delivered unto his Majesty's Lieutenant, or other chief Governor or Govenors for the time being, whereby a perfect account might be given. 26. It is further concluded, accorded, and agreed, by and between the said Parties, and his Majesty is graciously pleased, that for the preservation of the Peace, and Tranquillity of the Kingdom, That the said Lord Lieutenant, and the said Lord Viscount Mountgarret, etc. or any Five or more of them, shall for the present, agree upon such persons who are to be authorised by Commission under the great Seal, to be Commissioners of the Peace, Oyer and Terminer, and Goal delivery, in the several Counties, and parts of Counties, within the now Quarters of the Confederate Catholics, with such power as Justices of the Peace, Oyer and Teminer, and Goal delivery, in former times of Peace, have usually had: which is not to extend unto any Crime or Offence, committed before the Fifteenth of September, 1643. And to be qualified with Power to Hear and Determine all Civil Causes coming before them not exceeding Ten Pounds; provided that they shall not intermeddle with Titles of Lands; provided likewise, the authority of such Commissioners shall not extend, to question any Person or Persons, for any Cattle or Goods, heretofore taken by either Party from the other, contrary to the Articles of Cessations, but that the same shall be left to be determined in such way, as by these Articles is already prescribed, which Commissioners are to continue till settlement by Parliament, Si tam diu se bene gesserint; and if any who shall be so entrusted, shall misbehave himself in the execution of such trust, within that time, that then such other person or persons shall be appointed in his or their place, as shall be agreed on by His Majesty's Chief Governor, or Governors for the time being, by the Advice and Consent of the said Persons so to be entrusted, or any Five or more of them, and the said Commissioners are to make their Estreats as accustomed in time of Peace, and shall take the ensuing Oath, Viz. You shall Swear, that as Justice of the Peace, Oyer and Terminer, and Goal delivery, in the Counties of A. B. C. in all Articles of the King's Commission to you directed, you shall do equal right to the Poor and to the Rich, after your Cunning Wit and Power, and after the Laws and Customs of the Realm, and in pursuance of these Articles; and you shall not be of Council of any Quarrel hanging before you; and the Issues, Fines, and Amerciaments, which shall happen to be made, and all Forfeitures which shall happen before you, you shall cause to be entered without any concealment, or imbezeling, and truly send to the King's Exchequer. You shall not let for gift, or other cause, but well and truly you shall do your Office of Justice of the Peace, Oyer and Terminer, and Gaol delivery in that behalf, and that you take nothing for your Office of Justice of the Peace, Oyer and Terminer, and Gaol delivery to be done, but of the King, and Fees accustomed. And you shall not direct, or cause to be directed, any Warrant by you to be made to the Parties, but you shall direct them to the Sheriffs, and Bailiffs of the said Counties respectively, or other the King's Officers or Ministers, or other indifferent Persons to do Execution thereof: So help you God. And that as well in the said Commission, as in all other Commissions and Authorities, to be issued in pursuance of 〈◊〉 Articles, this Clause shall be inserted, viz. That all 〈…〉 and Marshal, shall be required to be ●iding and assisting 〈…〉 the said Commissioners, and other persons to be Authori●●● 〈…〉 the execution of their respective Powers. 27. It is further concluded, accorded, and agreed, by and between the said Parties, and his Majesty is further graciously pleased, That none of the now Roman Catholic Party shall from henceforth, until there be a Settlement by Parliament, Sue, Implead or Arrest, or be sued, Impleaded, 〈…〉 in any Court, Place, Judicature, or Tribunal, or before 〈…〉, Justice, or Commissioner whatsoever, other than 〈…〉 Commissioners aforesaid, or in the several Corporations, or other Judicatures, within the now Quarters of the said Confederate Catholics, as hath, or have Power derived from his Majesty. 28. It is further concluded, accorded, and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that his Majesty's Confederate Catholic Subjects do continue the possession of such of His Majesty's Cities, Garrisons, Towns, Forts and Castles, which are within their now Quarters, until settlement by Parliament, and to be Commanded, Ruled and Governed in chief, by such as his Majesty or his chief Governor or Governors of this Kingdom for the time being shall Appoint; and his Majesty his chief Governor or Governors of this Kingdom as aforesaid, is to issue Commissions, and appoint such Person and Persons as shall be named by his Majesty's chief Governor of Governors for the time being, by, and with the Advice and Consent of the said Lord Viscount Mountgarret, etc. or any Five or more of them, for the execution of such Command, Rule, or Government, to continue until all the particulars in these present Articles agreed on to pass in Parliament, shall be accordingly passed; only in case of Death, or Misbehaviour, such other Person or Persons to be appointed for the said Command, Rule and Government to be named and appointed in the place, or places of him, or them, who shall so die or misbehave themselves, as the chief Governor or Governors for the time being, by the advice and consent of the said Lord Viscount Mountgarret, and the rest of the above mentioned Parties to be authorised as aforesaid, or any Five or more of them, shall think fit, and to be continued until settlement in Parliament, as aforesaid. 29. It is further concluded, accorded, and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that all Customs belonging to his Majesty, which from the perfection of these present Articles, shall fall due within this Kingdom, shall be paid into his Majesty's Receipt, and to his use, any Request, Clause, or Demand, in the Act of Oblivion, or in any other former Propositions to the contrary notwithstanding; Provided thet alliance very Person and Persons▪ who are at the present entrusted within the now Quarters of the Confederate Catholics, by them the said Confederate Catholics in the Entries, Receipts, Collections, or otherwise concerning the said Customs, do continue their respective Employments in the same, until full settlement in Parliament; other than as to such, and so many of them, as to the chief Governor or Governors, for the time being, by the advice and consent of the said Lord Viscount Mountgarret, and the other Persons to be authorised as aforesaid, or any Five or more of them shall be thought fit to be altered: And then, in such case, or in case of Death or Misbehaviour, or other alteration of any such Person or Persons, such other Person or Persons to be employed as shall be thought fit by the chief Governor or Governors for the time being, by and with the advice and consent of the said Lord Viscount Mountgarret, and the rest of the Persons, to be authorised as aforesaid, or any Five or more of them; and as to his Majesty's Rents to grow due at Easter next, and from thenceforth, the same to be payable unto his Majesty, notwithstanding any thing contained in the Article of the Act of Oblivion, or in any other Article to the contrary; but the same not to be written for, or Lewed, until a full settlement in Parliament, as aforesaid. 30. It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty is further graciously pleased, That the Commissioners of O●er and Terminer and Goal delivery, to be named as aforesaid, shall have power to hear and determine all Murders, Manslaughters, Rapes, Stealths, Burning of Houses, and Corn in Reek, or Stacks, Robberies, Burglaries, Forceable Entries, Detainers of Possessions, and other Offences, committed or done, and to be committed and ●one from the 15 th' of September, 1643, until the First day of the next Parliament: These present Articles, or any thing therein contained to the contrary notwithstanding▪ Provided that the authority of the said Commissioners shall not extend to question any Person or Persons, for doing or Committing any Act whatsoever before the conclusion of this Treaty, by virtue or colour of any Warrant or Direction from those in p●ublick Authority among the Confederate Catholics; nor unto any Act which shall be done after the perfecting▪ and concluding of these Articles by virtue or pretence of any authority, which is now by these Articles agreed on; Provided also the said Commission shall not continue longer than to the First day of the next Parliament. In witness whereof his Excellency, the Marquis of Ormond, Lord Lieutenant of I●eland, his Majesty's Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret, etc. and the said Lord Viscount Mountgarret, &c▪ to that part of these Articles remaining with the said Lord Lieutenant, have put their Hands and Seals at Dublin, this 28 th' day of March, 1646, and in the Two and Twentieth Year of the Reign of our Sovereign King Charles, King of Great Britain, France and Ireland, etc. Appendix XXV. The Petition of the Protestants of Munster against a Peace with the Irish, to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth, THAT whereas, after a long and happy enjoyment of the Peace and Prosperity under which (by his Majesty's Gracious Government) this Land did lately flourish: the Irish Papists of this Kingdom, have on or about the Three and Twentieth day of October, 1641, entered into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council, together with the City of Dublin, and all other his Majesty's Forts and Holds within this Kingdom, intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them, and consequently to alienate this Kingdom from the Crown and Government of England. And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design▪ have pursued the same with indefatigable malice into Acts of open Rebellion, and most inhuman Barbarism, Robbing and Despoiling his Majesty's good Subjects of their Lives and Fourtunes in all parts of the Kingdom; insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists, was justly occasioned to denounce and undertake a War in this Kingdom, the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England, who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish, were by the unhappy interposition of sundry fatal differences in England (fomented as may be greatly doubted by the Rebels of this Kingdom,) diverted from the careful and provident courses requisite in so important an affair. By means whereof▪ this Majesty who had undertaken the War for our defence, was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve months' space; in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace. To when purpose, Agents from the aforesaid Irish were admitted to have access to his Royal presence; and his Majesty did not only in manifestation of his Pious and Paternal care of his Protestant Subjects, command certain select persons, welli●ensed and interested in the State and Affairs of this Kingdom, to attend his Royal Person, and give▪ information and assistance in the debate of so weighty a business, but did also give admission to such Agents as his Protestant Subjects, were able to employ in representing their particular and general grievanced and sufferings by the said Irish Papists, who in the negotiation of that whole matter, have endeavoured to make advantage of his Majesty's 〈◊〉, and by sinister and corrupt means with a lavish? expense of that treasure, and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court, to seduce and misguide his Royal Majesty, and to beguile his Judgement with a self opinion of their inclination to Peace, and feigned forwardness to advance his Service, and to discountance and suppress those whose attendance his Majesty had required, and those Agents whom your Petitioners employed; by which subtle and serpentine courses, ●he said Irish Agents having quashed and depressed all opposers and accusers▪ and removed all impediments to their 〈◊〉 ends of extirpating the English, and before any equal debate of the cause, procured a transmission of the whole affair unto your Lordships, with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them, which for some reasons was not thought fit to be done in England; they do now with the same art and subtlety study to trick your Petitioners here before your Lordships, and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates. And therefore at a time, when neither your Petitioners nor any from them are present, when the Agents employed to his Sacred Majesty are unreturned to this Kingdom, and whilst most of your Petitioners evidences of their detestable Treasons, and horrible Barbarisms are remaining in England, they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom, have not the honour to be made privy unto, or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity. Wherefore your Petitioners having seen how far some Persons of Honour have been misguided, and by secret and subtle contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid Irish Rebels; and finding how they are in all likelihood in danger to be overborne by the power and potency of their said Adversaries, do in all humility beseech your Lordships, first to call to mind that his Majesty hath by his Royal assent unto an Act of Parliament, obliged himself not to grant any Pardon or terms of Peace to the aforesaid Rebels, without the consent of his Parliament of England; and accordingly that your Lordships would not suffer any part of his Majesty's Honour to be betrayed to calumny in assenting to such packed terms of Peace as they have already contrived to draw your Lordships unto, without the consent of the said Parliament of England, and without admitting your Petitioners to a free and full debate of the cause, whereby they may vindicate his Majesty and themselves from that unnatural aspersion which the Irish would maliciously fasten on them, by making the one the fauter, and the other the occasion of their Rebellion. And that the matter may not be carried with such indulgency towards them, as that to extenuate their real enormities, your Petitioners must be made guilty of imaginary crimes, and undergo a heavier censure for demanding Justice, than they for perpetrating all their Treasons; and that their Lives, Fortunes and Posterities, and which is dearest, their Religion may not be sold or sacrificed to the malice of the Irish Papists; or if this lawful favour shall be denied them, that they may have leave to protest against any such fatal and destructive conclusions as are in hand to be made with the aforesaid Irish Rebels, without consent of the King and Parliament or your Petitioners privity; and that their fictious pretences of assisting his Majesty, wherewith they have too long already abused himself and his Ministers, on purpose to protract the War in England, may not be a sufficient wile to delude your Lordships any longer, but that your Petitioners (and not Persons disaffected to their Religion and Nation now to be preserved or ruined) may be heard to plead in this cause before any Judgement be given therein, and that the Examples of their former and frequent breaches of the Cessation yet unrepaired, may be accounted a reasonable caution to your Lordships to expect little better observation of any Peace that shall abridge them of their devilish designs. And your Petioners shall ever Pray for your Lordship's increase of Honour and Happiness. Signed by the Lord Broghill, the Magistrates of Cork, Kinsale, Youghall and Bandonbridge, and above Three Hundred other Persons. Append. XXVI. The Articles between Sir Knelme Digby and the Pope. Articles to be sent to the Lord Rimucini to be put in Execution in Ireland, with Power to add to, and take from them, according to the present State of Affairs, and as need shall be, which will be better understood there upon the place. 1. THAT the King of Great Britain do effectually grant, in the Kingdom of Ireland, the free and public Use of the Roman Catholic Religion; allowing the Ecclesiastical Hierarchy to be restored to the Catholics, with all the Churches and Revenues, according to the Custom of the said Religion. And as to the Monasteries pretended to have been released to the Possessors by Cardinal Pool, Legate in the Time of Queen Mary, that it be debated in a free Parliament in Ireland, what may or can be done in that Point; as likewise touching the three Bishoprics, that of Dublin, and the other two which are in the Hands of the Heretic Protestants, under the Obedience of the King. 2. That he annul and repeal all the Penal Laws, and others whatsoever made against the said Catholics, on the Account of their Religion, from the beginning of the Defection of Henry the Eighth to this Day. 3. That for the better establishing the free and public Exercise of the Catholic Religion, and to add more Force and Security to the Repeal of the said Laws, the King do call a Parliament in Ireland, independent on that of England. 4. That the Government of the Kingdom of Ireland, and the principal Offices there, be put into the Hands of the Catholics, and that Catholics be made capable, and promoted to Offices, Honours, and Degrees in that Kingdom in like manner, as the Protestants have been till this Time. 5. That the King do put into the Hands of the Irish Catholics, or at least such English Catholics, as the Supreme Council of Ireland shall approve of, the Town of Dublin, and the other two which are held in his Name in Ireland. 6. That he join his Forces with those of the Irish, to drive the Scots and Parliamentarians out of Ireland. 7. This being performed by the King, and what else may in Ireland be added or altered in these Articles by the Lord Rimucini, His Holiness is willing to pay to the Queen of Great Britain, a Hundred Thousand Crowns of Roman Money. 8. That the said King do repeal all the Laws made against the Catholics of England; and particularly the two Oaths of Supremacy and Allegiance, so as they may enjoy their Revenues, Honours, Liberties and Privileges, as other the Gentlemen of that Kingdom do; so that their being Catholics shall be no manner of prejudice to them, and that in the first Parliament or other Settlement of the Affairs of England, His Majesty do approve and confirm the aforesaid Repeal, and in the mean Time, that they do actually enjoy all manner of Equality with the Protestants. 9 That an Agreement be made between the King and the Supreme Council of Ireland, to transport into England a Body of an Army of Twelve Thousand Foot, under Irish Commanders and Officers, to whom shall be joined Three Thousand, or at least Two Thousand Five Hundred English Horse, under Catholic Commanders, upon such Conditions to be adjusted between them, concerning the Government of the Army, the Ports of their Landing, and Places of Security, as shall be adjudged just and convenient. 10. When the said Forces shall be entered into England, and joined together in any Place, His Holiness will pay the first Year a Hundred Thousand Crowns of Roman Money, by a Monthly Proportion, the same to be continued the second and third Year, as ●●is Forces shall stand, and according to the Advantage that shall ●e made by the said Army. 11. And lastly, because the first six Articles may speedily be put in Execution, His Holiness will expect the performance of them in six Months from the Date of these Presents, and as to the Eighth and Ninth, that require perhaps longer Time, he will stay four Months more besides the Six, beyond which he will not be tied to this present Promise. At Rome the 30 th'. Day of November, 1645. Append. XXVII. The Articles made by the Earl of Glamorgan. WHereas much time hath been spent in meetings and debates betwixt His Excellency James Lord Marquis of Ormond, Lord Lieutenant and General Governor of His Majesty's Kingdom of Ireland, Commissioner to His most Excellent Majesty, Charles, by the Grace of God, King of Great Britain, France and Ireland, etc. for the Treating and Concluding of a Peace in the said Kingdom with His Majesty's Humble and Loyal Subjects, the Confederate and Roman Catholics of the said Kingdom of Ireland of the one part, and the Right Honourable Donnogh, Lord Viscount Muskerry, and others Commissioners Deputed and Authorized by the said Confederate Roman Catholic Subjects of the other part; and thereupon many Difficulties did arise, by occasion whereof sundry matters of great weight and consequence necessarily requisite to be condescended unto by His Majesties said Commissioners, for the safety of the said Confederate Roman Catholics, were not hitherto agreed upon, which retarded, and doth as yet retard the Conclusion of a firm Peace and Settlement in the said Kingdom. And whereas the Right Honourable Edward Earl of Glamorgan is entrusted and authorized by His most Excellent Majesty, to grant and assure to the said Confederate Catholic Subjects further Grace and Favours, which the said Lord Lieutenant did not as yet in that Latitude as they expected, grant unto them; and the said Earl having seriously considered of all matters and due Cirou●istances of the great Affairs now in agitation, which is the peace and quiet of the said Kingdom, and the importance thereof, in order to His Majesty's Service, and in relation to a Peace and Settlement in His other Kingdoms, and here upon the place having seen the Ardent desire of the said Catholics to assist His Majesty against all that do or shall oppress His Royal Right or Monarchick Government; and having discerned the Alacrity and Cheerfulness of the said Catholics to embrace Honourable conditions of Peace, which may preserve their Religion and other just Interests. In pursuance therefore of His Majesty's Authority under His Highness' Signature Royal and Signs, bearing Date at Oxon the Twelfth Day of March in the twentieth Year of His Reign, Granted unto the said Earl of Glamorgan, the Tenure whereof is as followeth: Viz. Charles Rex, Charles by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, etc. To our trusty and right well-beloved Cousin Edward Earl of Glamorgan greeting. We reposing great and especial Trust and Confidence in your approved wisdom and fidelity, Do by these (as firmly as under Our Great Seal to all intents and purposes) Authorize and give you Power to treat and conclude with the Confederate Roman Catholics in Our Kingdom of Ireland, if upon necessity any thing be to be condescended unto, wherein our Lieutenant cannot so well be seen in, as not fit for Us at the present publicly to own; Therefore We charge you to proceed according to this our Warrant with all possible secrecy, and for whatsoever you shall engage yourself upon such valuable considerations, as you in your judgement shall deem fit; We promise on the word of a King and a Christian, to ratify and perform the same that shall be granted by you, and under your Hand and Seal; the said Confederate Catholics having by their Supplies testified their Zeal to Our Service; and this shall be in each particular to you a sufficient Warrant. Given at Our Court at Oxford, under Our Signet and Royal Signature, the 12 th' day of March, in the 20 th' year of Our Reign, 1644. To our right trusty and right wellbeloved Cousin Edward Earl of Glamorgan. It is therefore granted, accorded and agreed by and between the said Earl of Glamorgan, for and on the behalf of His most Excellent Majesty, His Heirs and Successors on the one part, and the Right Honourable Richard Lord Viscount Mountgarret, Lord Precedent of the Supreme Council of the said Confederate Catholics, the said Donogh Lord Viscount Muskerry, Alexander mac Donnel, and Nicholas Plunket Esquires, Sir Robert Talbot, Baronet, Dermot O Brien, John Dillon, Patrick Darcy, and Geoffrey Brown Esquires, Commissioners in that behalf appointed by the said Confederate Roman Catholic Subject of Ireland, for and on the behalf of the said Confederate Roman Catholic Subjects of the other part, in manner and form following; (that is to say,) 1. IT is granted, accorded and agreed by the said Earl, for and in the behalf of His most Excellent Majesty, His Heirs and Successors, That all and every the Professors of the Roman Catholic Religion in the Kingdom of Ireland, of whatever estate, degree or quality soever he or they be, or shall be, shall for ever more hereafter have and enjoy within the said Kingdom, the free and public use and exercise of the said Roman Catholic Religion, and of their respectives function therein. 2. It is granted, accorded and agreed by the said Earl, for and on the behalf of His Majesty, His Heirs and Successors, That the said Professors of the Roman Catholic Religion, shall hold and enjoy all and every the Churches by them enjoyed within this Kingdom, or by them possessed at any time since the Twenty Third of October, 1641, and all other Churches in the said Kingdom, other than such as are now actually enjoyed by His Majesty's Protestant Subjects. 3. It is granted, accorded and agreed by the said Earl, for and in the behalf of His most Excellent Majesty, His Heirs and Successors, That all and every the Roman Catholic Subjects of Ireland, of what estate, condition, degree or quality soever, shall be free and exempted from the Jurisdiction of the Protestant Clergy, and every of them; and that the Roman Catholic Clergy of this Kingdom shall not be punished, troubled or molested for the exercise of their Jurisdiction over their respective Catholic Flocks, in matters Spiritual and Ecclesiastical. 4. It is further granted, accorded and agreed by the said Earl, for and on the behalf of His most Excellent Majesty, His Heirs and Successors, that an Act shall be passed in the next Parliament to be holden in this Kingdom; the tenor and purport whereof shall be as followeth, Viz. An Act for the Relief of His Majesties Catholic Subjects of His Highness' Kingdom of Ireland: Whereas by an Act made in Parliament held in Dublin, the Second Year of the Reign of the late Queen Elizabeth, Entitled, An Act restoring to the Crown, the ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same: And by one other Statue made in the said last mentioned Parliament, Entitled, An Act for the Uniformity of Common-Prayer, and Service in the Church, and the Administration of the Sacrament, Sundry Mulcts, Penalties, Restraints and Incapacities, are and have been laid upon the Professors of the Roman Catholic Religion in this Kingdom, in, for, and concerning the use, profession and exercise of their Religion and their Function therein, to the great prejudice, trouble and disquiet of the Roman Catholics in their Liberties and Estates, and a general disturbance of the whole Kingdom. For remedy whereof, and for the better settling, increase and continuance of the Peace, Unity and Tranquillity of this Kingdom of Ireland; His Majesty, at the humble suit and request of the Lords and Commons in this present Parliament assembled, is graciously pleased, that it may be Enacted: And be it Enacted by the King's most Excellent Majesty, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by Authority of the same, That from and after the First day of this Session of Parliament, it shall and may be lawful to and for all the Professors of the Roman Catholic Religion, of what degree, condition or quality, to have, use and enjoy the free and public exercise and profession of the said Roman Catholic Religion, and of their several and respective functions therein, without incurring any Mulct or Penalty whatsoever, or being subject to any restraint or incapacity concerning the same; any Article or Clause, Sentence or Provision in the said last mentioned Acts of Parliament, or in any other Act or Acts of Parliament, Ordinances, Law or usage to the contrary, or in any wise notwithstanding. And be it also further Enacted, That neither the said Statutes, or any other Statute, Acts or Ordinances hereafter made in Your Majesty's Reign, or in the Reign of any of Your Highness' most Noble Progenitors or Ancestors, and now of Force in this Kingdom; nor all, nor any Branch, Article, Clause and Sentence in them, or any of them, contained or specified, shall be of force or validity in this Realm, to extend to be construed, or adjudged to extend in any wise, to inquiet, prejudice, vex or molest the Professors of the said Roman Catholic Religion, in their Persons, Lands, Hereditaments or Goods, or any thing, matter or cause whatsoever, touching and concerning the free and public use, exercise and enjoy of their said Religion, function and profession. And be it also further Enacted and Declared by the Authority aforesaid, That Your Majesty's Roman Catholic Subjects in the said Realm of Ireland, from the first day of this Session of Parliament, shall be, and be taken, deemed and adjudged capable of all Offices of Trust and Advancement, Places, Degrees and Dignities, and perferment whatsoever, within your said Realm of Ireland, Any Acts, Statutes, Usage or Law to the contrary notwithstanding. And that other Acts shall be passed in the said Parliament, according to the tenor of such Agreement or Concessions, as herein are expressed, and that in the mean time the said Roman Catholic Subjects, and every of them, shall enjoy the full benefit, freedom and advantage of the said Agreement and Concessions, and of every of them. 5. It is Accorded, Granted and Agreed by the said Earl, for and in the behalf of His Majesty, His Heirs and Successors, That his Excellency the Lord Marquis of Ormond, Lord Lieutenant of Ireland, or any other or others Authorized or to be Authorized by His Majesty, shall not disturb the professors of the Roman Catholic Religion in their present possession and continuance of the profession of their said Churches Jurisdiction, or any other the matters aforesaid in these Articles agreed and condescended unto by the said Earl, until His Majesty's pleasure be signified for confirming and publishing the Grants and Agreements hereby Articled for, and Condescended unto by the said Earl. 6. And the said Earl of Glamorgan doth hereby engage His Majesty's Royal Word and Public Faith, unto all and singular the professors of the said Roman Catholic Religion within the said Kingdom of Ireland, for the due observance and performance of all and every the Articles, Grants and Clauses therein contained, and the Concessions herein mentioned to be performed to them. 7. It is Accorded and Argeed, That the said public Faith of the Kingdom shall be engaged unto the said Earl, by the said Commissioners of the said Confederate Catholics, for sending Ten thousand men to serve His Majesty, by order and public Declaration of the General Assembly now sitting; And that the Supreme Council of the said Confederate Catholics, shall engage themselves to bring the said number of Men Armed, the one half with Muskets, and the other half with Pikes, unto any Port within this Realm, at the Election of the said Earl, and at such time as he shall appoint, to be by him Shipped and Transported to serve His Majesty in England, Wales or Scotland, under the Command of the said Earl of Glamorgan as the Lord General of the said Army, which Army is to be kept together in one entire Body, and all other the Officers and Commanders of the said Army are to be named by the Supreme Council of the said Confederate Catholics, or by such others as the General Assembly of the said Confederate Catholics of this Kingdom shall intrust therewith: In witness whereof the Parties to these Presents have hereunto interchangeably put their Hands and Seals the 25 th'. day of August 1645. Glamorgan. Signed, Sealed, and Delivered in the Presence of John Somerset, Jeffery Barron, Robert Barry. Articles of Agreement, made and concluded upon, by and between the Right Honourable Edward Earl of Glamorgan, and in pursuance, and by virtue of His Majesty's Authority under His Signet and Royal Signature, bearing Date at Oxford the Twelfth day of March in the Twentieth Year of His Reign, for and on the behalf of His Most Excellent Majesty of the one part, and the Right Honourable Richard Lord Viscount Mountgarret, Lord Precedent of the Supreme Council of the Confederate Catholics of Ireland, Donnogh, Lord Viscount Muskerry, Alex. M. donnel, and Nicholas Plunket Esquires, Sir Robert Talbot Baronet, Dermot O Brien, John Dillon, Patrick Darcy, and Jeffery Brown Esquires, for and on the behalf of His Majesty's Roman Catholic Subjects, and the Catholic Clergy of Ireland, of the other part. 1. THE said Earl doth Grant, Conclude and Agree, on the behalf of His Majesty, His Heirs and Successors, to and with the said Richard Lord Viscount Mountgarret, Donnogh Lord Viscount Muskerry, Alex. Mac donnel, and Nicholas Plunket Esquires, Sir Robert Talbot Baronet, Dermot O Brien, John Dillon, Patrick Darcy, and Jeffery Brown Esquires: That the Roman Catholic Clergy of the said Kingdom, shall and may from henceforth for ever, hold and enjoy all such Lands, Tenements, Tyths, and Here●itaments whatsoever by them respectively enjoyed within this Kingdom, or by them possessed at any time since the Three and twentieth of October 1641. And all other such Lands, Tenements, Tyths, and Hereditaments belonging to the Clergy within this Kingdom, other than such as are actually enjoyed by His Majesty's Protestant Clergy. 2. It is Granted, Concluded and Agreed on by the said Richard Lord Viscount Mountgarret, etc. on the behalf of the Confederate Roman Catholics of Ireland, that Two parts in Three parts to be divided of all the said Lands, Tyths, and Hereditaments whatsoever, mentioned in the precedent Articles, shall for Three Years next ensuing the Feast of Easter, which shall be in the Year of our Lord God 1646. be disposed of, and converted for and to the Use of His Majesty's Forces, employed or to be employed in His Service, and the other Third part to the Use of the said Clergy resepectively, and so the like disposition to be renewed from Three Years to Three Years, by the said Clergy during the Wars. 3. It is Accorded and Agreed by the said Earl of Galmorgan, for and in the behalf of His Majesty, His Heirs and Successors, that his Excellency the Lord Marquis of Ormond, Lord Lieutenant of Ireland, or any other or others Authorized or to be Authorized by His Majsty, shall not disturb the Professors of the Roman Catholic Religion in their present Possession of their Churches, Lands, Tenements, Tyths, Hereditaments, Jurisdiction, or any other the matters aforesaid in these Articles agreed and condescended to by the said Earl, until His Majesty's pleasure be signified for confirming and publishing the Grants, herein Articled for and condescended unto by the said Earl. 4. It is Accorded, Granted and Agreed by the said Earl, for and in the behalf of His Majesty, His Heirs and Successors, that an Act shall be Passed in the next Parliament to be held in this Kingdom, according to the Tenor of such Agreements or Concessions as herein are expressed, and that in the mean time, the said Clergy shall enjoy the full benefit, freedom, and advantage of the said Agreements and Concessions, and every of them. And the said Earl of Galmorgan doth hereby engage His Majesty's Royal Word and Public Faith unto the said Lord Viscount Mountgarret, and the rest of the said Commissioners, for the due Observance and Performance of all and every the Articles, Agreements, and Concessions herein contained and mentioned, to be performed to the said Roman Catholic Clergy, and every of them. In Witness whereof the Parties to these Presents, have hereunto interchageably put their Hands and Seals the 25 th'. day of August, Anno Dom. 1645. Glamorgan. Signed, Sealed, and Delivered in the presence of Glamorgan. John Summerset, Jeffery Barron, Robert Barry. Whereas in these Articles touching the Clergy Live, the Right Honourable the Earl of Glamorgan is obliged in His Majesty's behalf to secure the Concessions in these Articles by Act of Parliament: We holding that manner of securing those Grants as to the Clergy Live to prove more difficult and prejudicial to His Majesty than by doing thereof, and securing those Concessions otherwise as to the said Live, the said Earl undertaking and promising in the behalf of His Majesty, His Heirs and Successors, as hereby he doth undertake to settle the said Concessions, and secure them to the Clergy, and their respective Successors, in another secure way, other than by Parliament at present, till a fit opportunity be offered for securing the same, do agree and condescend thereunto. And this Instrument by his Lordship Signed, was before the perfecting thereof intended to that purpose, as to the said Live, to which purpose We have mutually Signed this Endorsement. And it is further intended that the Catholic Clergy shall not be interrupted by Parliament, or otherwise as to the said Live, Contrary to the meaning of these Articles. Glamorgan. I Edward Earl of Glamorgan do Protest and Swear Faithfully to acquaint the Kings most Excellent Majesty with the proceed of this Kingdom in Order to His Service, and to the indearment of this Nation, and punctual performance of what I have (as Authoriseed by His Majesty) obliged myself to see performed, and in default not to permit the Army entrusted into my Charge to adventure itself, or any considerable part thereof until Conditions from His Majesty, and by His Majesty be performed. Glamorgan. The Defezance to the Earl of Glamorgan. KNOW all Men by these Presents, That whereas We the Right Honourable Richard Lord Viscount Mountgarret, Donnogh Lord viscount Muskerry, Alexander Mac Donnel, Nicholas Plunket Esquires, Sir Robert Talbot Baronet, Dermot O Brien, John Dillon, Patrick Darcy, and Jeffery Brown Esquires, appointed by the Confederate Catholics of Ireland, to treat and conclude with the Right Honourable Edward Earl of Glamorgan, for and in behalf of His most Excellent Majesty, our dread Sovereign King Charles: And having treated and concluded with the said Earl of Glamorgan, as by the Articles of Agreement, to which we have interchangealy set our Hands and Seals, more at lage appeareth; Yet it is to be understood that by the said Agreement the Right Honourable Edward Earl of Glamorgan doth no way intent to oblige His Excellent Majesty, other than he himself shall please, after he hath received these Ten thousand Men, being a Pledge and Testimony of our Loyalty and Fidelity to His Majesty, yet the said Earl of Glamorgan, doth Faithfully promise upon his Word and Honour, not to acquaint His most Excellent Majesty with this Defesance until his Lordship hath endeavoured as far as in him lies, to induce His Majesty to the granting of the particulars in the said Articles of Agreement, but that done, according to the Trust we repose in our very good Lord the Earl of Glamorgan. We the said Richard Lord Viscount Mountgarret, etc. and every of Us, for, and in the behalf of the Confederate Catholics of Ireland, who have entrusted Us, do discharge the said Earl of Glamorgan, both in Honour and Conscience, of any further engagement to Us herein, though His Majesty be not pleased to grant the said Particulars in the Articles of Agreement mentioned, and this we are induced to do by the particular Trust and Confidence, the said Earl of Glamorgan hath reposed in Us for the draught of the Act of Parliament inserted within the Articles of our Agreement, We assuring upon our Words and Honours, that it is the most moderate of Three, which we brought up for the Assent of the Right Honourable the Lord Marquis of Ormond, Lord Lieutenant of Ireland his Excellency, and without which we cannot be satisfied; and we are also induced hereunto, in regard the said Earl of Glamorgan hath given us Assurance upon his Word and Honour, and upon a voluntary Oath of his, that he would never to any Person whatsoever, discover the Defezance in the interim, without our consents: And in confidence thereof, We have hereunto set our Hands and Seals the 26 th'. day of August, Anno Dom. 1645. Glamorgan. Signed, Sealed, and Delivered in the Presence of the Lord John Somerset (who knew nothing of the Contents thereof) F. Oliver Darcy, Peter Bath. Appen. XXVIII. His Majesty's Letter about the Earl of Glamorgan's Peace. Right Trusty, etc. We greet you well, WE have seen and considered the dispatch directed from you and our Council there, to our Trusty and Wellbeloved Counsellor Sir Edward Nicholas, one of our Privy Council of State, concerning the Earl of Glamorgan's Accusation, and your Proceed thereupon; and as we could not receive the one without extraordinary amazement, that any man's folly and presumption could carry him to such a degree of abusing our trust how little soever, so we could not but be very sensible of the great affection and zeal to our service, which you have expressed in putting our honour so highly traduced, into so speedy and effectual way of Vindication, by the proceeding against the said Earl of Glamorgan; and though we are so well assured of yours and our Councils entire confidence in the Justice and Piety of our Resolutions, in what concerns the maintenance of the true Protestant Religion, and particularly of the Church and the Revenues thereunto belonging, and our constant care of our good Subjects of the same in that our Kingdom; as we do not think it needful to say any more to you upon that Subject, than what hath been sufficiently declared by the practice and profession of our whole life, yet to the end that your zeal may be the better interested in that particular, whereby to certify such of our Subjects as might be apt to be misled by the subtlety and malice of our Enemies; we thought fit to let you know, the whole truth of what hath passed from us to the said Earl, whereby he might in any wise pretend to the least kind of Trust or Authority from us in what concerns the Treaties of that Kingdom: The truth is, that the pressing condition of our affairs obliging us to procure a Peace in that Kingdom, if it might be had upon any Terms safe to our Honour and Conscience, and to our Protestant Subjects there; and finding also, that the said Peace could not be gained but by some such Indulgence to the Roman Catholics in the point of freeing them from the penalties imposed upon the exercise of their Religion, which although justly and duly we might grant, yet happily in a public transaction, could not be without some scandal to such of our good Subjects as might be apt to be wrought on by their Arts, who have continually watched all advantages to blast the integrity of our actions, we thought fit over and above our public powers and directions to our Lieutenant to give our private instructions and powers, to assure the roman-catholics in a less public way of the said exemption from the penalties of the Law, and of some such other Graces as might without blemish to our honour and conscience, or prejudice to our Protestant Subjects be afforded them. With the matter of these Instructions to you, we thought fit to acquaint the Earl of Glamorgan at his going to Ireland, and being confident of his hearty affections to our Service, and withal knowing his interest with the Roman-Catholick Party to be very considerable, we thought it not unlikely, that you might make good use of him, by employing that interest in persuading them to a Moderation, and to rest satisfied (upon his engagement also) with those above mentioned Concessions, of which in the nice condition of our affairs you could give them no other than a private assurance. To this end, and with the strictest Limitations that we could enjoin him merely to those particulars, concerning which, we had given you private instructions, as also even in that, to do nothing but by your special directions; ☞ it is possible we might have thought fit to have given to the said Earl of Glamorgan such Credential as might give him credit with the roman-catholics, in case you should find occasion to make use of him, either as a farther assurance to them of what you should privately promise; or in case you should judge it necessary to manage those matters for their greater confidence apart by him, of whom in regard of his Religion and Interest, they might be the less Jealous. This is all and the very bottom of what we might possibly intrust to the said Earl of Glamorgan in this affair, which as things than stood, might have been very useful to our Service, in accelerating the Peace, and whereof there was so much need as well for the preservation of our Protestant Subjects there, as for hastening those necessary aids which we were to expect from thence, had we had the luck to employ a Wiser man; but the truth is, being very confident of his affection and obedience, we had not much regard to his abilities, since he was bound up by our positive Commands from doing any thing but what you should particularly and precisely direct him to, ☞ both in the matter and manner of his Negotiation; wherefore our pleasure is, that the charge begun by the Lord George Digby, our Secretary, according to his duty, be throughly and diligently prosecuted against the said Earl; and so no way doubting of your and our Councils farther care, there to correspond to your beginning, in a matter so highly concerning us, We bid you hearty farewel. Given the One and Thirtieth of January, 1645. Append. XXIX. The Determination of the Popish Clergy about restoring the Churches etc. to the Protestants. In the Name of God, Amen. WHere a question of most high concernment, and merely touching the public profession, subsistence and safety of the Roman Catholic Religion throughout this Kingdom of Ireland, was proposed to us the undernamed Prelates, Dignitaries and others of the secular and regular Clergy of the Convocation House in Killkenny, viz. whether (supposing the known, approved, and applauded Justice and Lawfulness of this our present Catholic War in this and Foreign Kingdoms) upon a Treaty of Peace now to be concluded between us and the other Party adhering to His Majesty, (by his Majesty's special Commission,) for the safety of Lives, Liberties and Estates of our Confederate Catholics, the said Confederate Catholics be bound in conscience by virtue of their Oath of Association or other tye, to make an express Article with the Protestant Party, for keeping in our Hands such Churches, Abbeys, Monasteries and Chapels now in our Possession, and recovered by us for the true Worship of God; where it is to be observed, that it is suggested, that if any such Article be made, his Majesty, will break off, and consent to no Peace between us, and the above specified Party, to the great danger of the Estates, Lives and Liberties of all our Party: And as it is further urged and suggested, that in not demanding such an express Article as above, his Majesty will grant us Toleration of our Religion. We therefore after invocating the assistance of the Holy Ghost, and after mature deliberation of the said question, and all circumstances thereof, do answer, declare and resolve with an unanimous assent and consent of us sitting together in the said House of Convocation, that conformable to the tenor and true meaning of the said Oath of Association, the principles of Laws and Divinity, the said Confederate Catholics are bound in conscience, absolutely, expressly and clearly to set down in the said Treaty of Peace, a special Article to the effect meaned in the case; and in case the said Article be not consented unto, and that the said Confederate Catholics proceed to agreement, for other temporal points without such Article as above, we do declare them to be Violators of the Oath of Association, and Transgressor's of the Divine Law. Witness our Hands, the First of June, 1645. Appendix XXX. By the Assembly Ecclesiastical of the Superior and Inferior Irish Clergy, met in the Holy Ghost at Waterford, before the most Illustrious Lord the Archbishop of Firmano, Apostolic Nuncio in Ireland. UPON the Question moved among us, and Debated for many Days, Whether they are to be declared as Perjured who do receive the Peace contained in the Thirty Articles transmitted to us by the Supreme Council, and if they be to be Excommunicated as Perjured Persons? The Reasons and Opinions of every one being first heard, and the Writings of some Doctors of Sacred Theology read, It is Decreed Nemine Contradicente, That all and every one of the Confederate Catholics, who shall adhere to the like Peace, or shall consent to the Maintainers thereof, or otherwise embrace the same, be held Absolutely Perjured, especially for this Cause, That in those Articles there is no mention made of the Catholic Religion and the security thereof, nor any care had for the Conservation of the Privileges of the Country, as is found promised in the Oath; but rather all things are referred to the pleasure of the most Renowned King, from whom in his present State nothing of certainy can be had, and the Armies, and Arms, and Forts, and even the Supreme Council of the Confederate Catholics, are Subjected to the Authority and Rule of State and Protestant Ossicers of His Majesty, ☞ from whom that we might be secure we took that Oath. For which, and many other causes we being moved only in our Consciences, and having God only before our Eyes, that it may be known to all and singular, as well Irish as Foreigners, that we have neither given nor shall give consent to such a Peace, unless secure Conditions may be added for Religion, and for the King, and for the Country, according to our Oath; and that our Flocks and all Confederate Catholics (who in General Assemblies sometimes desired our sentence in this Spiritual Affair, as only belonging to the Ecclesiastical Judge) may assuredly know, what hath been by us determined, that in that Sense, they as Pious and▪ Faithful Catholics may concur, We have commanded this Decree to be Written, and in all Places published in the English and Irish Tongues, and have firmed it with our Hands and Seals; but the other Question of Excommunication we have reserved to the next Session; Dated at Waterford the 12 th'. of August, 1646. Jo. Baptista Firmanus Nuncius Apostolicus. Fr. Tho. Dublin. Tho. Cassiliensis. Fr. Boetius Elphin. Fr. Patricius, Waterford etc. Lismore. Jo. Laonensis, Jo. Clonfertensis. Fr. Edm. Laghlensis. Rich. Ardfertensis & Accadens. Franciscus Aladensis. Edm. Limiricensis. Emerus Cloghorensis. Nicholaus Fernensis. Fr. Jacob Conaldus▪ Abbess Benchonan Fr. Patr. Plunket Abbas B. M. Dublin. Fr. Lan. Fitzharris Abbas de Sur. Fr. Jo. Cantwell Abbas de S. Cruse. Fr. Jacobus Tobin Abbas de Kilcool. Rob. Barry Vic. Apost. Rossen. Donaldus O Griphas Funiburiensis. Fr. Geo. farrel Prior Provinc. Ordin. Predicator. Fr. Dionysius O Driscol Prior▪ Provincial. Eren●it. S. Aug. Edm. O Teig. Procurator Illustrissimi Armachani. Gualther Linch Vicar. Apost. Tuam. Gulielmus Burgat Vic. Apost. Ima●ciensis. Jacob Dempsy Vic. General. Kildariensis. Cornelius Gafneus Ardensis Vic. General. Ol. Dese Vic. General. Midensis. Dominicus Roch Vic. General. Corcag. Simon O Connory Vic. General. Cluanensis. Edm. Giraldinus Vic. General. Cluanmacnoise. Carolus Coghlan Vic. General. L—. Robertus Nugent Superior Societatis Jesus. Fr. Antonius Macgohigan Procurator Provincialis Fratrum Minorum. Fr. Barnabas Barnwell Commissarius General. Capucinorum. Append. XXXI. By John Baptist Rinuccini, Archbishop and Prince of Firmo, and by the Ecclesiastical Congregation of both Clergies of the Kingdom of Ireland. A Decree of Excommunication against such as adhere to the late Peace, and do bear Arms for the Heretics of Ireland, and do Aid or Assist them. NOT without cause (saith the Oracle of Truth,) doth the Minister of God carry the Sword, for he is to punish him that doth Evil and remunerate him that doth Good; Hence it is that we have by our former Decrees, declared to the World our Sense, and just Indignation against the late Peace concluded and published at Dublin; not only i● its nature bringing prejudice and destruction of Religion and Kingdom, but also contrary to the Oath of Association, and withal against the Contrivers and Adherers to the said Peace; in pursuance of which Decrees, being forced to unsheathe the Spiritual Sword, We (to whom God hath given power to bind and lose on Earth) Assembled together in the Holy Ghost, Matt. 16. 18, 19 tracing herein, and imitating the Examples of many Venerable and holy Prelates, who have gone before us, and taking for our Authority the Sacred Canons of holy Church, John 20. 23. grounded on holy Writ, Vt tollantur e medio nostrum qui hoc opus faciunt Domini nostri Jesus; deliver over such Persons to Satan, (that is to say) We Excommunicate, Execrate, Anathematise all such as after the Publication of this our Decree, and notice either privately or publicly given to them hereof, shall Defend, Adhere to, or Approve the Justice of the said Peace, and chief those who bear Arms, or make, or join in War with, for, or in behalf of the Puritans, or other Heretics of Dublin, Cork, Youghall, or other Places within this Kingdom, or shall either (by themselves, or by their appointment) bring, send, or give any Aid, Succour or Relief, Victuals, Ammunition, or other Provision to them; or by Advice or otherwise Advance the said Peace, or the War made against us; Those and every of them by this present Decree, We do declare and pronounce Excommunicated, Ipso facto, ut non Circumveniamini a Satana, non enim ignoramus Cogitationes ejus. Dated at Kilkenny, in our Palace of Residence, the 5th. day of October, 1646. Signed, Johannes Baptista, Archiepiscopus Firmanus, Nuncius Apostolicus, de Mandato illustrissimi Domini Nuncii & Congregationis Ecclesiasticae utriusque Cleri Regni Hiberniae, Nicholas Fernensis Congregationis Cancellarius. Append. XXXII. General Preston's Engagement the 21st. of October 1646. I Thomas Preston General of the Forces of the Confederate Catholics of Ireland, raised in the Province of Leinster, do Swear and Protest, that I really intent, and will to the uttermost of my power, sincerely and effectually prosecute the Service wherewith I am entrusted by the Council and Congregation of the said Confederate Catholics, in the employment of General of Leinster, and particularly in the present Expedition and Design upon the Enemy in the City of Dublin, and to that end will, to the best of my skill and knowledge, Direct, Guide, Order, and Advance with the Army under my Command, and will to the uttermost of my Power, Use and Exercise all Acts of Hostility against the Lord Marquis of Ormond and his Party, when, where, and as often as I may, and them Annoy and Endamage as much as in me shall lie, and that I will with all Reality, Diligence, and Sincerity, Help, Advise with, Counsel and Assist in that Service the Lord General of Vlcter, now also with his Army employed in that expedition, So help me God, and his holy Gospel. Thomas Preston. General Preston's Oath. I Swear and Protest, that I will adhere to the present Union of the Confederate Roman Catholics, that reject the Peace lately agreed and proclaimed at Dublin, and will do nothing by Word, Deed, Writing, Advice, or otherwise to the prejudice of that Union, and will to the uttermost of my Power, advance and farther the good and preservation of it, and of His Majesty's Rights, and the Privileges of Freeborn Subjects to the Natives of this Kingdom: So help me God. Appen. XXXIII. The Marquis of Clanrickard's Engagement on the renewal of the Peace of 1646. UPON the Engagement and Protestation of the Generals, Nobility and Officers of the Confederate Catholic Forces hereunto annexed; I Vlick Marquis of Clanrickard, do on my part solemnly bind and engage myself unto them, by the Reputation and Honour of a Peer, and by the sacred Protestation upon the Faith of a Catholic in the Presence of Almighty God, that I will procure the ensuing Undertake to be made good unto them, within such convenient time, as Securities of that Nature which are to be fetched from beyond Seas can be well procured, or failing therein to unite myself to their party, and never to sever from them, and their Interests, till I have secured them unto them. First, that there shall be a revocation by Act of Parliament, of all the Laws in force within this Kingdom, in as much as shall concern any Penalty, Inhibition or Restraint upon Catholics, for the free Exercise of their Religion. Secondly, that they shall not be disturbed in the Enjoyment of their Churches or any others Ecclesiastical Possessions, which were in their hands at the Publication of the last Peace, until that matter with other referred already, receive a Settlement upon a Declaration of His Majesty's gracious intentions in a free Parliament held in this Kingdom, His Majesty being a in free Condition himself. And I do further engage myself, never to consent to any thing that may bring them in hazard of being dispossessed, and never to sever from them, till I see them so secured therein, either by Concession, or by their Trust and Power from His Majesty in the Armies and Garrisons of this Kingdom, as to put them out of all danger of being dispossessed of them. And I do further engage myself, that forthwith there shall be a Catholic Lieutenant-General, of all the Forces of the Kingdom invested by His Majesty's Authority, that the Generals or either of them signing to the said Engagement, shall be forthwith invested by His Majesty's Authority with principal Commands worthy of them, in the standing Army of this Kingdom, and likewise in some important Garrison now under His Majesty's Obedience, and that a considerable Number of the Confederate Catholic Forces shall immediately be drawn into all the chief Garrisons under His Majesty's Obedience: And I do further assure proportionable Advantages to such of any other Armies in this Kingdom, as shall in like manner submit vuto the Peace, and His Majesty's Authority. That for security of as many of these particulars as shall not forthwith be performed, and made good unto them by the Lord Marquis of Ormond, I will procure them the King's Hand, the Queens and Prince of Wales' Engagement, and an Engagement of the Crown of France, to see the same performed unto them; and farther for their Assurance, that my Lord Lieutenant shall engage himself punctually to observe such free Commands, as he shall receive from His Majesty to the Advantage of the Catholics of this Kingdom, or (during the King's want of Freedom) from the Queen and Prince of Wales, or such as shall be signified unto him to the sam● effect, to be the King's positive Pleasure by the Lord Digby, as principal Secretary of State; and further that whilst the King shall be in an unfree Condition, he will not obey any Orders which shall be procured from His Majesty, by advantage of His Majesty's want of Freedom, to the Prejudice of what is undertaken. And lastly, I do protest, that I shall never esteem myself discharged from this Engagement, by any Power or Authority whatsoever; Provided on both parts, that this Engagement and Undertaking be not understood or extended, to debar or hinder His Majesties Catholic Subjects of this Kingdom, from the benefit of any further Graces and Favours, which His Majesty may be graciously induced to concede unto them upon the Queen's Mediation, or any other Treaty abroad: And I do farther engage myself, to employ my utmost Endeavours and Power by way of Petition, Solicitation and Persuasion to His Majesty, to afford all the Subjects of this Kingdom, that shall appear to have been injured in their Estates, Redress in the next free Parliament. I do also further undertake, that all Persons joining, or that shall join in the present Engagement, shall be included in the Act of Oblivion, promised in the Articles of Peace, for any Acts done by them since the Publication of the said Peace, unto the Date of the said Engagement. Dated November the Nineteenth, 1646. Clanrickard. Appen. XXXIV. The Engagement of General Preston and his Officers to the Lord Lieutenant. WE the Generals, Nobility and Officers of the Confederate Catholic Forces, do solemnly bind and engage ourselves, by the Honour and Reputation of Gentlemen and Soldiers, and by the sacred Protestation upon the Faith of Catholics, in the Presence of Almighty God, both for ourselves, and as much as in us lies, for all Persons that are or shall be under our Command; that we will from the Date hereof forward, submit and conform ourselves entirely and sincerely to the Peace concluded and proclaimed by His Majesty's Lieutenant, with such additional Concessions and Securities, as the Right Honourable Vlick Lord Marquis of Clanrickard, hath undertaken to procure and secure to us in such manner, and upon such terms as is expressed in his Lordship's Undertake, and Protestation of the same Date hereunto annexed, and signed by himself: And we upon his Lordship's Undertaking, engage ourselves by the Bond of Honour and Conscience abovesaid, to yield entire Obedience to His Majesty's Lieutenant General, and General Governor of this Kingdom, and to all deriving Authority from them by Commission to command us in our several Degrees: And that according to such Orders as we shall receive from them, faithfully to serve His Majesty against all his Enemies or Rebels, as well within this Kingdom, as in any other part of his Dominions, and against all Persons that shall not join with us upon these Terms, in submission to the Peace of this Kingdom, and to His Majesty's Authority: And we do further engage ourselves, under the said solemn Bonds, that we will never either directly or indirectly make use of any Advantage or Power wherewith we shall be entrusted, to the obliging of His Majesty or His Ministers, by any kind of force, to grant unto us any thing beyond the said Marquis of Clanrickard's undertaking, but shall wholly rely upon His Majesties own free Goodness, for what further Graces and Favours, he shall be graciously pleased to confer upon his faithful Catholic Subjects in this Kingdom, according to their Obedience and Merit in his Service: And we do further protest, that we shall never esteem ourselves disobliged from this Engagement, by any Authority or Power whatsoever; provided on both parties, that this Engagement and Undertaking be not understood, or extend to debar or hinder His Majesties Catholic Subjects of this Kingdom, from the benefit of any further Graces and Favours, which His Majesty may be graciously pleased to concede to them, upon the Queen's Majesty's Mediation, or any other Treaties abroad. Appen. XXXV. The Declaration against the renewed Peace, Anno, 1646. By the Council and Congregation, Kilkenny the 24th. of November, 1646. WE taking into consideration an Instrument entitled the Marquis of Clanrickard his Engagement of the Nineteenth of November, 1646. Do first observe that his Lordship is qualified with no known Authority, that might enable him to make good the undertaking therein expressed (if they did contain advantageous Concessions) as they do not, and then let any Man judge that looks with an indifferent Eye, whether the Peace of a Kingdom to follow thereupon, be grounded on sufficient Foundation. The next to be considered is the first Article, where it is expressed, that there shall be a Revocation of all the Laws in force in this Kingdom, in as much as shall concern any Penalty, Inhibition or Restraint upon Catholics, for the free Exercise of their Religion. These words seem plausible, but he that will look into the Statute of the Second of Elizabeth, in the First, Second, Third and Fourth Chapters, and other the Statutes of Force within this Kingdom, will find, that no Bishop can be made or consecrated, or do the Office of a Bishop, in conferring orders of Priesthood, or granting Dispensations or Faculties, or any Priest exercise his Function after the Rights of the Roman-Catholick Church, by Authority of the See of Rome; but that by express words of the said Statute of the Second of Elizabeth, in one of the said Chapters, the First offence of that nature is under pain of praemunire, which extends to imprisonment during life, and the Forfeiture of Goods and Lands; the Second offence is Felony, and the Third offence against that Law, is High Treason in the Principals, Abetters, Relievers and Maintainers, etc. And the words of the said First Article do extend only to the revocation of the Penalties against the Exercise of Religion, which will not take away the Branches of those Laws that are against the Exercise of Spiritual Jurisdictions or Functions; so as all our Prelates and Priests are left subject to the former dangers, which doubtless the Confederate Catholics did intent to free them from, upon the taking of their Oath of Association. By one of the Chapters of that Statute of the Second of Elizabeth, Catholic Service or Mass is excluded out of the Churches, and the Common-Prayer Book (which the Protestants used) introduced; and clearly for any thing mentioned in the said First Article, no Mass can be said in any Church, without incurring the Penalty ordained by that Law▪ and those that are ver●ed in the late Treaty with the Lord Lieutenant, do well know, and all others that saw an Instrument sent by the Lord Lieutenant in a Letter of the Seventh of August, 1644, importing a Brief of Collections, whereby the Singing, Saying and Hearing of Mass, was granted, may observe, that notwithstanding that Concession, the Lord Lieutenant did add a Proviso, that no Mass should be Said or Sung in Churches, Cathedral or Parochial, or Chapel thereunto belonging; by means whereof, and of an express denial to grant the Catholics liberty to have a Catholic Bishop by any authority from the See of Rome, and for want of other Concessions in matters of Religion, without Prouisoes or Clogs that would spoil them, matters of Religion were referred by the late Articles, to further or other Concessions. And as we are taught by the Tenants of Catholic Doctrine, that there can be no Catholic Religion, nor essential parts thereof without Bishops, who in matters of Religion, depend, and aught to depend of the See Apostolic, and without Priests made by such Bishops, or the Pope himself, nor the Sacraments administered, without such Prelates and Pastors; therefore the Exercise of Religion as to those and several other particulars essential, aught to made certain; or else that the said Statutes of the Second of Elizabeth, and the Statutes of Faculties in the Twenty Eighth of Henry the Eighth, be totally Repealed as to his Majesties Roman-Catholick Subjects, and a provision made by Act of Parliament for Roman-Catholick Bishops and Pastors, to be, and remain in this Kingdom with impunity. Upon consideration of the Second Article, where it is expressed that they shall not be disturbed in the enjoyment of their Churches, or any other Ecclesiastical Possessions, which were in their Hands at the publication of the late Peace, until that matter with others referred already, receive a settlement, upon a Declaration of his Majesty's gracious intentions in a free Parliament held in this Kingdom, his Majesty being in a free condition himself. It is apparent by this Second Article, besides what is said before, that the First Article concerning the Revocation of the Penal Laws, is not intended by the undertaking of that engagement, to extend to the taking away of the Penal Laws, that prohibit Mass to be said in Churches, and seemeth, as to the Churches, to put us (by our own assent to this Proposition,) in worse condition than we were by the late rejected Peace, for then and still we have the resolution of the General Assembly, expressed in an order to hold our Churches always, and not to part with them. And now if this Second Article were agreed on, we express only a promissive enjoying of them until Parliament, and so are left as to that, in a worse condition than before; and even until Parliament itself, there is no security at all for Churches or Church Live, within our Quarters, other than the undertaking of the said Lord Marquis of Clanrickard, who is subject to Mortality and Changes as other Mortal Men, and who was never yet of our Union; and admit this were an assurance till Parliament, the same will fall on the King's Declaration to the contrary, if in a free condition; which Declaration to be contrary, may probably be expected, so long as his Majesty is of a different Religion, and before that Parliament be, all Persons engaged, or to be engaged, are subject to Mortality: Upon all which, we see no security at all for Churches or Church-living. As to the Third, it containeth no concession, and is but an engagement of the said Lord Marquis his Word, which is uncertain and unsafe to rely on; without mentioning what Garrisons and what Catholics in them, and what number, and by whom they are to be commanded, in regard the Commander in chief, may by his Order remove or alter them, as he sees cause, without looking after the Lord Marquis of Clanrickard for Advice or Consent; and in effect, if the number to be put into Garrisons be not so ascertained, ☜ that it may master the rest there from the Protestant Party, it is but to offer our Men to the Slaughter, and expose ourselves to what conditions they please, our Army abroad being thereby diminished, and the Party put into Garrison, subject to be removed at the pleasure of him that shall command in chief. As to the Fourth, whether the Catholic Lord General be of the Catholic Union, or faithful to the same, and what Commands to be conferred on our Generals or Commanders, or upon which of them, or for what time to continue, or to what chief Garrisons they shall be drawn, or in what number, or how long they shall continue there, are wholly uncertain, and all the particulars are alterable and subject to the Will and Pleasure of the Chief Governor for the time being. The Fifth only is matter of Security and mends not the conditions granted, if the same were obtained, as is propounded; and if our Union were dissolved by any agreement before performance, what means is left us to expect or obtain performance? And certainly where the Lord Marquis of Clanrickard grounds all he doth in this, on his own undertaking, without Warrant from his Majesty, we cannot prudently suppose, (having no other Grounds for it) but his Majesty will disavow it, when he did disavow the undertaking of the Earl of Glamorgan to the Confederate Cathotholicks, made more solemnly to the Persons wherewith the Government was entrusted, and who had thus far an advantage beyond the Marquis of Clanrickard, that his Lordships the Earl of Glamorgans' Concessions were grounded on his Majesty's known authority, under his Seal Manual, and attested with his Royal Signature; whereas the Marquis of Clanrickard goeth only on his own undertaking. As to the Sixth, it containeth no certain command or order, which may in future be had from his Majesty, and being a certain contingency needeth no Answer. As to the Seventh, concerning his Lordship's undertaking, to solicit for redress to be had in the next Parliament, therein we find no manner of assurance for all those who unjustly lost their Estates in Ireland, other than that the Lord Marquis of Clanrickard will Petition, solicit, persuade and use his best endeavours, whereof no man is Judge but himself, and the event and engagement uncertain, and the Act of Oblivion being only by that instrument of engagement to extend to those that shall join therein, and which engagement is now suddenly expected to be concluded there; all others of the Nation that are absent, who cannot join therein so suddenly, and are not privy, are left open to the danger of the extremities of the Law, both for their Lives and Estate. And lastly, we conclude that the General Assemby now at hand, is the only means left to conclude a certain stable Peace in this Kingdom, and no private or particular undertaking of any Subject unqualified, with any appearing authority; besides the former inducements to satisfy you, you ought seriously to consider, that the Earl of Glamorgans' Concessions grounded on his Majesty's authority, and read in the General Assembly held in Lent last, and on which they wholly relied, will by these propositions (if accepted) be absolutely waved, contrary to the intention of the whole Kingdom, which we desire may be seriously reflected on amongst the rest, those Concessions by many degrees being more valuable, and grounded on clearer authority, than the offerings or undertake now made. John Baptista Archiepiscopus Firmanus Nuncius Apostolicus. Jo. Clonfert. Emer. Clogherensis. Louthe. Fr. Pa. Plunket. Alexander Mac Dnonel. N. Plunket. Robert Lynch. Piers Butler. Appen. XXXVI. A Declaration of the General Assembly against the Peace of 1646. THis Assembly having met to consider of the great affairs of the Kingdom, and for the settlement thereof, have seen and perused a Decree, Dated the 12 of August, 1646, made and published by the Congregation of the Clergy, then convened at Waterford, by which the Peace contained in Thirty Articles past, betwixt the Lord Marquis of Ormond, Lord Lieutenant of Ireland on his Majesty's behalf, and certain Commissioners entrusted by the Confederate Catholics of Ireland, was declared unsafe, and under penalty of Censure, not to be accepted or adhered unto by the said Confederate Catholics, and protested against, as not containing security for the free exercise of the Catholic Religion; and having likewise at large heard what the said Commissioners, the late Supreme Council and Commit of Instructions, produced from the grounds they proceeded on, do find, as to that part which concerneth Religion, the said Commissioners, Council and Committee did not rely only on the said Thirty Articles, but also on certain other Articles perfected and agreed on between the said Commissioners of the one part, and the Right Honourable the Earl of Glamorgan on the other part, by Authority from his Majesty to the said Earl, which Authority ensueth in haec verba; (and so recites it verbatim.) Which Articles contain so advantageous Concessions, for matters of Religion, together with such other strong motives and encouragements upon which the said Commissioners Council and Committee resolved to insist, and upon breach thereof, to call an Assembly, and resume their former Power, as by an Order of this House, and other Orders of the Council did appear unto this Assembly, as did induce the said Commissioners and Committee to conclude the said Peace; though by reason of many Accidents happened since the said Agreement, which were offered in the debate of this Cause in the House, the said Agreement with the Earl of Glamorgan was and is held unsecured to be relied on, for the free exercise of the Catholic Religion by the said Confederate Catholics. This Assembly therefore most humbly acknowledging his Majesty's gracious and favourable intentions expressed in many particulars of the said Articles and Agreements, yet forasmuch as the said Confederate Catholics are not satisfied or secured by the said Peace in their Religion, Lives, Estates or Liberties; therefore, and for many other Important Reasons, and Weighty Considerations, the said General Assembly may not accept of, nor submit unto the said Peace; and do hereby protest against it, and do declare the same Invalid and of no Force, to all intents and purposes: And do farther declare, that this Nation will not accept of any Peace not containing sufficient and satisfactory security for their Religion, Estates, Lives and Liberties of the said Confederate Catholics. And this Assembly do likewise declare, that the said Council, Committee of Instructions, and Commissioners of the Treaty, have faithfully and sincerely carried and demeaned themselves in their said Negotiation pursuant and according to the trust reposed in them, and gave thereof a due acceptable account to this Assembly. Given at Kilkenny, the Second of February, 1646. Ex. per Philip Carny, Cl. Gen. Concil. Hiberniae. Appen. XXXVII. The Marquis of Clanrickard's Letter to Sir Luke Fitz Girald, at Kilkenny. Noble Sir, I Am now advanced thus far on my way home, after my accustomed long fruitless●attendance upon the public affairs, being hopeful, that in all this time, some good effects would have been produced out of the forward and cheerful Resolutions and Endeavours observed in you, and many other Noble Persons upon your departure from hence, and the good concurrence that was expected from many others, well affected to a happy and speedy settlement; but after Nine Weeks expectation, there hath nothing occurred to my knowledge, but the following particulars which I shall distinctly set down, both to prevent mistakes in you, and clear the aspersions that may be cast upon others. 1. By Vote of the Assembly, the total rejection of the Peace, and of all other both public and private overtures and undertake that had relation thereto, destroying the only possible means that could have united the Kingdom unto any hopeful way of preservation, as affairs now stand in the King's Dominions. 2. A new Union Sworn, grounded upon impossible undertake, if not in the Propositions themselves; at least in the most material circumstances of securing them, thereby excluding all hopes of Peace, and settling and confirming a lasting divided Government. 3. That being compassed for some seeming satisfaction to those that were drawn into it, a plausible show of some other accommodation was contrived; but that being brought up to Dublin by Mr. Doctor Fennel and Mr. Geoffrey Barron, with much assurance given by divers, of all the satisfaction that such a change of resolutions could produce, there appeared but a Verbal Message of some few general Heads, they refusing to give it in Writing, or to testify under their Hands what they acknowledged my Lord Lieutenant took Verbatim from them; neither would they assume any Power to make any particular explanations, and yet earnestly demanded Resolutions with expedition. This unexpected delay, and continued uncertainty in such a nick of time, after so many former breaches on your parts, and so many warnings and true intelligence given you by others, of the King's being delivered up to the Parliament, the vast Preparations by them made for Reducing this Kingdom; and even those most faithful to his Majesty's Service in England, as forward as any to join therein, finding themselves destroyed by the failing of the Peace here, and the promised Assistance thereupon; Your not long since invading and destroying the only remaining Party Obedient to the King's Authority, the small regard had by you of the approaching dangers, and the divisions fomented and still increasing amongst yourselves, did by an unavoidable necessity, as I conceive, beget a resolution in my Lord Lieutenant and those of his Party about Dublin, to try some other expedient for their preservation and redemption out of the languishing, starving condition they have these many Years, with much patience endured; and for my own part, having long observed the high Affronts and Disrespects put upon my Lord Lieutenant, and many other of His Majesty's Ministers and Servants, and the largest proportion of Malice cast upon them, when they were most industrious in the preservation of the Kingdom, hath produced the like resolutions in me to try my Fortune in some other Climate, since my Three Years constant expense of time, health and fortune, for the advantage of the public, hath gained no other recompense, than to be Printed against by Declarations, Books, and several other Papers, the Forces of other Provinces poured down upon me to destroy my whole Estate; those Forces under my Command thereby enforced to Disband, the Officers and all other of my Servants and Followers prosecuted, and nothing of means or quarter left me to maintain a Guard of Horse for my own Person, my Wife and Family readily permitted to repair to Dublin, but no allowance to return; all which particulars put together, I leave it freely to you to judge, whether it be not high time for me to departed, when the voice of the Kingdom represented in the Assembly, have by a clear implication in their safe conduct declared their desires therein. Since my coming hither, I have seen some Letters and find much confidence in many, that the whole Assembly and Clergy are now united to put a full power into my Lord Lieutenants hands, and to make provision for his Lordship and his Party, both for subsistence and maintenance of a War, to which I may not presume to frame any Judgement at so late an hour of the day; but this I conceive is most certain, that if it doth not appear suddenly, unanimously and clearly, with a full power and trust, and apparent provision to make it good, it will hardly be relied upon, and that failing, there remains nothing for me to do, but in another Country to labour the perfection of Praying as well for my Persecutors, as Benefactors; amongst the last of which you shall be still acknowledged and remembered by Tecrogham, the 15th. of March, 1646. Your Affectionate Friend to Serve you Clanrickard. Appen. XXXVIII. Articles of Agreement made, concluded and agreed on, at Dublin, the Eighteenth day of June, 1647. By and between the most Honourable James Lord Marquis of Ormond, of the one part; and Arthur Annesley Esquire, Sir Robert King, Knight, Sir Robert Meredith, Knight, Colonel John Moor, and Colonel Michael Jones, Commissioners from the Parliament of England, on the other part. Not signed till the 19th. FIrst it is agreed, and concluded, and the said Lord Marquis of Ormond doth conclude, agree, and undertake, to and with the said Arthur Annesley, etc. That upon the nineteenth day of this month of June, he will leave or cause to be left in the possession of the said Arthur Annesley, etc. the City of Dublin, and all the rest of the places, and Garrisons in his power and under his Command, and the Ordnance, Artillery, Ammunition, Magazines, and Stores there, and likewise it is further agreed, and concluded, and the said Lord Marquis of Ormond, doth conclude, agree, and undertake that upon the 28. of July next, he will leave, or cause to be left, in the possession of the said Arthur Annesley, etc. Or any four of them, the Sword and all other Ensigns of Royalty, with all other things belonging to the Lord Lieutenant or Leiutenancy of the Kingdom of Ireland, that shall be demanded before the said twenty eighth day of July, and that in the mean time he will not intermeddle, or take upon him to Command in any of the said Garrisons, or places. 2. Item, It is agreed, and concluded, and the said Arthur Annesley, etc. do, for, and in behalf of the Parliament of England, conclude, agree, and undertake, to, and with the said Lord Marquis of Ormond, in the behalf of himself, and others, his Majesty's Subjects that all Protestants whatsoever of the Kingdom of Ireland, not having been in the Irish Rebellion, though they have of late consented or submitted, either to the Cessation of Arms or the Peace concluded with the Irish Rebels, shall be secured in their Persons, Estates and Goods, that they have in Ireland, and that they may live quietly, and securely, under the Protection of the said Parliament and their Forces either within England, Ireland, or Wales, and that they shall enjoy those their Estates, and Goods, without any molestation, or question from the said Parliament, as any others do who have not offended the said Parliament; they submitting to all such Ordinances of Parliament, made or to be made, as all others do submit unto, who have never offended the Parliament. 3. Item, It is f●rther agreed, and concluded, and the said Arthur Annesley, etc. do for, and in the behalf of the Parliament of England, conclude, agree, and undertake to, and with the said Lord Marquis of Ormond, that all Protestants whatsoever of the Kingdom of Ireland, not having been in the Irish Rebellion, who have any Estates, or Lands in England, though they have of late consented, or submitted, either to the Cessation of Arms, or the Peace concluded with the Irish Rebbels, may compound for the same, at the ra●e of two years' profit, as they were before the beginning of these troubles, they submitting to such Ordinances of Parliament as all Persons now compounding in England do submit unto, Provided that they effectually prosecute the same, within six months after the publication of this Article. 4. Item, It is agreed and concluded upon, and the said Arthur Annesley, etc. do, for and in the behalf of the Parliament of England, conclude, agree, and undertake, to, and with the said Lord Marquis of Ormond, that such as have come under contribution, and do now live in the English Quarters, and will continue payment of contribution, shall be protected in their persons and estates, as well from the violence of the Soldiers under the Parliament, as of the enemy, and this to be extended to all, without any distinction of offence or religion, and that they shall receive Safeguard, by the countenance of the Forces under the Parliament. 5. Item, It is agreed and concluded upon, and the said Arthur Annesley, etc. do, for and in the behalf of the Parliament of England, conclude, agree, and undertake, to, and with the said Lord Marquis of Onmond, that the said Lord Marquis shall enjoy his Estate without molestation or disturbance from the Parliament, and shall have indemnity against all debts contracted by reason of any goods, Money, Debts or Victuals, taken up by virtue of any Warrant signed by him and the Council, from any person, for the maintenance and support of the Army, or any of the Garrisons now under his Lordship's Command. 6. Item, It is agreed and concluded upon, and the said Arthur Annesley, etc. do, for and in the behalf of the Parliament of England, conclude, agree, and undertake, to, and with the said Lord Marquis of Ormond, that he shall be protected in his person and goods, for the space of twelve Months, against all Suits, Arrests, molestation, or disturbance, from any person whatsoever, for any debt owing by him to any person whatsoevert before the Rebellion in Ireland. 7. Item, It is agreed and concluded, and the said Arthur Annesley, etc. do, for and in the behalf of the Parliament of England, conclude, agree, and undertake, to, and with the said Lord Marquis of Ormond, that the said Lord Marquis, and all such Noblemen, Gentlemen, and Officers as shall be desirous to go with him, or by themselves▪ into any place out of Ireland, shall have free passes for themselves, their Families, Goods, and travelling Arms, and a competent number of servants suitable to their respective qualities, Provided, they demand the said passes, within twenty days after the date of these Articles, and the said passes, are to be in force for three months, and no longer, after the date of the said passes. 8. Item, It is agreed, and concluded, and the said Arthur AAnnesley, etc. do, for and in the behalf of the Parliament of England, conclude, agree, and undertake, to and with the said Lord Marquis of Ormond, that he shall have liberty to come and live in England, with the like liberty that others have, he submitting to all Ordinances of Parliament, and for the time of twelve months, shall not be pressed to any Oaths, he engaging his honour to do nothing in the mean time, that shall be disservice to the Parliament. 9 Item, Forasmuch as in the sixth Article of the said Lord Marquis of Ormonds additional instructions, to Sir Gerrard Lowther, Sir Francis Willoughby, and Sir Paul Davies, it is affirmed by his Lordship, that the sum of thirteen thousand eight hundred seventy seven pounds, fourteen shillings nine pence, is less than the sum disbursed by his Lordship, for the maintenance of the Garrisons of Dublin, Dundalke, Newry, Narrow water, Green Castle, and Carlingford, which sum upon Account, ☜ appeared to the Council of this Kingdom and to us, by their Certificate, to be disbursed as aforesaid; it is therefore concluded, and agreed, and the said Arthur Annesly, Esq etc. do, for and in the behalf of the Parliament of England, conclude, agree, and undertake, to, and with the said Lord Marques, that upon performance of what is undertaken by his Lordship, he shall receive three thousand pounds in money, to answer his occasions, in, and until, his Transportation, and likewise Bills of exchange: to be accepted by sufficient men in France, or Holland, to pay unto him, ten thousand eight hundred seventy seven pounds fourteen shillings, and nine pence, of currant money of and in England, either in English money, or such other Coins as shall be of equal value, or worth as so much English money; to be paid to such as his Lordship shall appoint, to wit the one half, at fifteen days after sight, and at six months the other half. 10. Item, It is agreed, and concluded, and the said Arthur Annesly, Esq etc. do, for and in the behalf of the Parliament of England, conclude, and agree, and undertake, to and with the said Lo●● Marquis of Ormond, that there shall be pensions to such as the said Commissioners shall think fit, forthwith ascertained, to the value of two thousand pounds sterling per annum, unto such of the Civil and Martial List, as also of the distressed Clergy as shall be thought meet, to extend it to, in such way as may give best satisfaction, those Pensions to continue during the Wars, till they can receive the like benefit by their own Estates. And to the end, that upon publication of the Articles, these popish Recusants, who have not assisted nor adhered to the Rebellion in this Kingdom, may be encouraged to continue in their habitations, and in enjoyment of their Estates with confidence, 'tis declared by the said Arthur Annesly, Esquire, etc. in behalf of the Parliament of England, that the said Parliament will take them into consideration for favour, according as they shall demean themselves, in this present Service; and thereof they are hereby assured: IN WITNESS whereof, the said Lord Marquis of Ormond, in behalf of himself and others his Majesty's Subjects, and the said Arthur Annesly, Esq etc. for and in behalf of the Parliament of England, have, to these Articles interchangeably set their Hands and Seals. And the day before these Articles were Signed, Viz. 18 July the Parliament Commissioners Signed the separate engagement following, Viz. We do hereby consent that the most Honourable the Marquis of Ormond, shall be permitted with his Family to continue without trouble or molestation in the Castle of Dublin, until the 28 th'. day of July next, unless the Parliament, or the Committee at Derby House, declare their pleasure for his removal sooner, which is to be observed within four days after signification thereof, and in the mean while his Lordships own Company, commanded by Captain Fortescue, Sir Francis Willoubyes Company, Colonel Willoubyes Company, and Captain Charles Blundells Company shall do the duty for the Guard of the Castle, and such as are comprised within the Treaty, shall have liberty to repair to his Lordship as they shall have occasion, and during such his Lordship's continuance there, he may give the order in the said Castle. And at the same time the Marquis of Ormond signed an engagement to leave the Castle, and to departed thence, according to the abovesaid agreement. Appen. XXIX. The Remonstrance of the Lord Inchiquen and the Army of Munster. Mr. Speaker. IT is not without an unanswerable proportion of Reluctancy to so heavy an Inconvenience, that we are thus frequently put upon the asserting of our own fidelities to the Services of the honourable Houses; whereunto as we have by several evidences (the mention whereof we make without vain glory) manifested ourselves sincerely faithful, so hath it pleased the Divine providence to prosper our endeavours with very many improbable successes; to the attainment whereof, though we have struggled through all the difficulties, and contended with all the sufferances that a People unsupplyed with all necessary and secondary means, could undergo, yet have we encountered nothing of that disaffection, or dis-couragement, as we find administered unto us, by a constant observation, that it is as well in the power as it is in the practice, of our malicious and indefatigable Enemies, to place and foment differences upon us, not only to our extreme scandal and disgrace, (which we should the less resent, ●f their malice could terminate in us) but to the obstructing of the supply ordered and designed for public service, and to the irreparable prejudice thereof, which our Enemies can value at so low a rate, as to put it into the bargain, they are in hand to make for our destruction. It being very approvable by us, that several Persons in power there do interpose their endeavours to continue us (by the Impeding of supplies) in a desperate, languishing, and perishable condition upon the Place, and in a despicable and doubtful esteem with the honourable Houses, whereof there will need no other instances, than that, after the several promises made by Letters from the Honourable Committee at Derby house, and votes passed for transmitting supplies unto us, especially in case of Major General Starling, his being sent to attend the pleasure of the Houses the only Remora than alleged to make stay of seven thousand Suits of clothes, and ten thousand pounds in money, being before designed for our relief, there is no more than two thousand seven hundred pounds sent unto us in money, and thereof but fifteen hundred pounds designed for the feeding of us and the Soldiers under our Command. And that notwithstanding the signal Testimony given of our real intentions and affections to that Cause and service in a late Engagement against the Rebels at Knockninosse, which we touch at without any affection of vainglory, the Votes then renewed for our Relief, and the Order for our Indemnity, (which was conceived would not have found so much hesitation, with those whose service we had only professed) are laid aside, and nothing effectual or advantageous done in order thereto for our avail, save the transmittal of two-thousand seven hundred pounds, but on the contrary, new jealousies and distrusts of us are reimbraced and fomented. It is not therefore so insupportable a dis-comfort to us, to observe our own lives exposed a sacrifice to the malice of our now potent public Enemies, who by the conjunction of three several armies are not more encouraged to confront us in the field, than we, by the art and practice used to withhold those just and necessary supplies from us, disabled to join battle with them, as to observe our honourable Reputation and Integrity, (dearer to us than our lives) brought into such frequent question, and unworthily mangled, depraved and slaughtered, by the calumnious aspersions of our powerful and prevailing adversaries, in despite of all our zealous and cordial Endeavours, to give indubitable testimony and evidence of our Fidelities. What if we are beyond any common measure afflicted and dismayed? we are confident, that all persons of honour will acknowledge that we have much more than common cause. And now that our adversaries have prevailed to deprive us, not only of all hopes of subsisting here in your service, but have proceeded for to provide, that we may not live hereafter but out of your favour. So having intercepted and perverted the comfort, we well hoped to have received from other testimonies of our sincerity, they have only left us this expedient, to testify our mindfulness of our duty by, which is to give humble intimation to that honourable House, that we are involved in so great and extreme Exigences of distress and universal want, with the pressure of three joint Armies, upon our weak and naked forces, that there remains no humane means discernible amongst us, to subsist by any longer in this service, unless it shall stand with the pleasure and piety of those in whose service we have exhausted both our blood and Livelyhoods, to send us some seasonable and considerable supplies, or that we should be enforced to entertain such terms, as the Rebels will give us, which of all things we abominate, as knowing our necessities will render them such, as must be both obstructive and dishonourable, and therefore shall resolve of making that the last Expedient, to preserve our own and many thousands of poor Protestants lives by, or that it shall please the honourable Houses to send Shipping to fetch us off. And so in discharge of our duties both to God and man, we humbly offer to consideration, and remain Subscribed by the Officers under the Lord Inchiquen Appendix XL. The Instructions from the Confederate Catholics to their Ambassadors. Instructions to be observed by the Bishop of Fernes, and Nicholas Plunket Esq Commissioners Authorized by, and in the behalf of the Confederate Roman Catholics to the Pope. IMprimis, You are to represent unto his Holiness the deplorable condition wherein the confederate Catholics are; and for your better information, to take with you, the draught of the representation of the present condition of the Country, which you are to enlarge and second by your own expressions, according to your knowledge; and therefore desire, in regard Ireland and Religion in it, is (humanely speaking) like to be lost, that his Holiness in his great Wisdom and Piety will be pleased to make the preservation of a people so constantly and unanimously Catholics, his, and the consistory of the Cardinals, their work. And you are to pray his Holiness to afford such present effectual Aids, for the preservation of the Nation, and the Roman Catholic Religion therein, as shall be necessary. 2. You are to let his Holiness know that Application is to be made to our Queen and Prince for a settlement of peace and tranquillity in the Kingdom of Ireland; and that for the effecting thereof the confederate Catholics, do crave his Holiness' mediation with the Queen and Prince, as also with the King and Queen Regent of France, and with the King of Spain, and all other Christians Princes, in all matters tending to the avail of the Nation, either in point of Settlement to a peace or otherwise. 3. The confederate Catholics, ☜ having raised Arms for the freedom of the Catholic Religion, do intent in the first place, that you let his Holiness know their resolution, to insist upon such Concessions and Agreements in matters of Religion, and for the security thereof; as his Holiness shall approve of and be satisfied with; wherein his Holiness is to be prayed to take into his consideration the imminent danger the Kingdom is in, according to the representations aforesaid to be made by you, and so to proceed in matters of Religion as in his great Wisdom and Piety may tend best, and prove necessary to the preservation of it, and the confederate Catholics of Ireland. 4. You are to represent to his Holiness that the Confederates think to insist upon, as security, for such Agreements in Religion as his Holiness will determine, that the Lord Lieutenant, Lord Deputy, or other chief Governor, or Governors of the Kingdom from time to time, should be Roman Catholics, unless his Holiness upon the said Representation of State-Affairs here, or for some other reason, shall think fit to wave that proposition. 5. You are to represent to his Holiness that the confederate Catholics desire, that all the Concessions to be made and agreed on, for the settling of the Catholic Religion in this Kingdom, be published at the same time with the Temporal Articles of the Settlement, if his Holiness, on representation of the State of Affairs here, or for some other Advantages, shall not think fit to determine, or suspend the Publishing of those, or some of them for a time. 6. You are to represent to his Holiness, That no Change or Alteration is to be in any part of the present Government ☜ of the Confederate Catholics, until the Articles of Peace or Settlement, pursuant to the present Authority and Instructions, you, and the Commissioners to the English Court in France have, shall be concluded and published in this Kingdom, by those entrusted in Authority over the Confederate Catholics. 7. You are to take notice, That the Resident Council now named, are the Persons to serve for the interval Government, until the next Assembly of the Confederate Catholics, and the Assembly is at liberty to name others if they please; and that no less than Eight of the said Residents concurring during the said Interval, shall make any Act or Order obliging, and according as it is provided in the former Arricles for the Interval Government in the late rejected Peace, the Forts, Cities, Towns, Castles, and Power of the Armies of the Confederate Catholics to remain and continue in their hands during the said Interval Government. 8. You are to take notice, That the Persons to be employed into France to the Queen and Prince, are to finish their Negotiation with the Queen and Prince pursuant to their Instructions, with all possible speed after they shall receive his Holiness' Resolutions from you out of Rome, in the Matters referred, as aforesaid, to his Holiness; and you are to use all possible diligence in procuring and sending his Holiness' said Resolution unto our said Commissioners employed to the Queen and Prince. 9 In case his Holiness will not be pleased to descend to such Conditions as might be granted in Matters of Religion, ☜ than you are to solicit for considerable Aids, whereby to maintain War, and to ascertain and secure the same, that it may be timely applied to the Use of the Confederate Catholics. And in case a Settlement cannot be had, nor considerable Aids that may serve to preserve the Nation without a Protector, you are to make application to his Holiness for his being Protector to this Kingdom, and by special instance to endeavour his Acceptance thereof at such time, and in such manner as the Instructions sent by our Agents to France, grounded on the Order of the Assembly, doth import, whereof you are to have a Copy. 10. Though Matters be concluded by his Holiness' Approbation, with the Prince and Queen, yet you are to solicit for Aids, considering our Distress, and setting before him, that notwithstanding any such Aids, we have a powerful Enemy within the Kingdom, which to expulse, will require a vast Charge. 11. You are to take with you for your Instruction, and the better to enable you to satisfy his Holiness of the full State of Affairs here, the Copies of the Instructions at Waterford, the Articles of the late rejected Peace, and Glamorgan's Concessions, and the Propositions from Kilkenny to the Congregation at Waterford, in August 1646. 12. If Moneys be received in Rome by you by way of Gift, Engagement, or otherwise, you are to bring or send the same hither to those in Authority, and not to dispose the same, or any part thereof otherwise than by Order from the General Assembly or Supreme Council; and for all Sums of Money so by you to be received, you are to give account to the Authority entrusted here over the Confederate Catholics. 13. You are to manage the Circumstance of your Proceed upon the Instructions, according as upon the Place you shall find most tending to the Avail of the Confederate Catholics. Tho. Dublin. Tho. Cashel. Thom. Tuamen Electus, Ewerus Clougherensis, David Ossoriens. Joh. Episc. Rapotensis, Fr. Edmundus Laghlensis, Franc. Ardensis Episc. Rob. Elect. Cork & Cluon, Franciscan, Patricius Ardagh, Elect. Rob. Dromore Elect. Henry O Neal, Rich. Bealing. J. Bryan, Rob. Devereux, Gerrard Fennel, Farren. By the Command of the General Assembly. N. PLUNKET. Instructions for France, Jan. 18. 1647. YOU are to present your Letters of Credence to his Most Christian Majesty, and the several Letters you have with you, to the Queen, the Prince, and Cardinal Mazarine, declaring the special Affection of the Confederate Catholics to His Majesty's Service upon all Occasions, wherein they may serve him. You are to desire his Most Christian Majesty, the Queen Regent, and Cardinal Mazarine, their favourable and friendly regard of the Affairs of the Confederate Catholics, and to direct their Assistance in what they may, to further settling of the happy Peace of this Kingdom with Advantageous and Honourable Conditions, Commissioners being now sent to conclude the same, if they may. You are to let his Most Christian Majesty, the Queen Regent, and Cardinal Mazarine know, That there is a considerable Enemy in the Heart of the several Provinces of this Kingdom, that yet we have many sufficient Cities and Parts of the greatest Consequence in our Hands, and have sufficient Stock of Men to defend the Nation, and expel the Enemy, but do want Aids of Money and Shipping, without which, we shall be in danger the next Summer-Service; and therefore to solicit for considerable Aids in Moneys to be sent timely, the Preservation of the Catholic Religion in this Kingdom depending thereon. If you find upon the Place, that a Settlement of Peace cannot be had according to the several Instructions that go with the Commissioners to his Holiness, and Christian Majesty, and Prince of Wales, nor such considerable Aids that may probably prove for the Preservation of the Nation; than you are to inform yourself by Correspondence with our Commissioners employed to Rome, whether his Holiness will accept of this offer of being Protector to this Nation: And if you find he will not accept thereof, nor otherwise send such powerful and timely Aids as may serve to Preservation; than you are by advice of other the Commissioners employed to his Majesty, and Prince of Wales, and by Correspondence had with the Commissioners employed to Rome, and by Correspondence likewise with our Commissioners employed since, if it may be timely had to, inform yourself where the most considerable aids for preserving this Nation may be had, by this offer of the Protectorship of the Nation, in manner as by other instructions into France, grounded on the same order of the assembly is contained; and so to manage the disposal of the Protectorship as you and the rest of our said Commissioners shall find most for the advantage of the Nation. The like Instructions for Spain bearing the same date. Appendix XLI. A Letter from Friar Paul King, to the Titular Bishop of Clogher. Reverendissime Domine, BReviter Dico Antrimus totus est, ad Obsequium Eugenii O Neal &. Exercitus Ultoniensis, procurabitque omnes suos ponere statim ex parte illius. Rogat vehementissime ut veniat Eugenius O Neal, & Exercitus Ultoniensis siine mora versus Kilkenniam, & ne dubitent quin tota Lagenia, imo Hibernia erit in dispositione ipsorum. Oportet prevenire Ormonium qui venturus est statim post Muskry, & Browne. Vester Decanus Firmanus est hic quasi Captious, Ipse & Archiepiscopus Dubliniensis anhelant vestrum adventum, omnia ad Nutum fient cum acceleratione; sed sine illa omnia nutabunt: per alium bajulum mitto tibi litteras Nicolai Plunketti, Prestonius vix habet nomen exercitus, qui est omnino dispersus, Concilium Supremum & Factionistae cadent, modo extemplo venerit exercitus Ultoniensis cum Eugenio O Neal. Vester fidelis Servus Fr. Paulus King. Appendix XLII. The Marquis of Ormonds' Declaration upon his Arrival in Ireland, 1648. By the Lord Lieutenant General of Ireland, ORMOND. TO prevent the too frequent prejudices, incident through jealousies, distrusts, and misconstructions to all undertake, we account it not the least worthy our Labour, upon the instant of our Arrival, to prepare this People, whose welfare we contend for, with a right understanding of those intentions in us, which in order to his Majesty's Service, we desire may terminate in their good. To enumerate the several reasons, by which we were induced, (for preservation of the Protestant Religion, and the English interest,) to leave the City of Dublin, and other his Majesty's Garrisons then under our power in this Kingdom, in the hands of those entrusted by his two Houses of Parliament, were to set forth a Narrative in place of a Manifest. It may suffice to be known, that those Transactions had for one main ground this confidence, that by being under the power of the Houses, they would upon a happy expected composure of affairs in England, revert unto, and be revested in his Majesty as his proper right. But having found how contrary to the inclinations of the well-affected to his Majesty's Restauration in England, the power of that Kingdom hath unhappily devolved to hands, employed only in the art and labour of pulling down, and subverting the Fundamentals of Monarchy, (with whom a pernicious party in this Kingdom, do equally sympathise and cooperate.) And being filled with deep sense of the Duty and Obligations that are upon us, strictly to embrace all opportunities of employing our endeavours, towards the recovery of his Majesty's just Rights in any part of his Dominions. Having observed the Protestant Army in the Province of Munster, (by special Providence, discovering the Arts and Practices used to entangle the Members thereof, in engagements as directly contrary to their Duties towards God and Man, as to their intentions and resolutions,) to have found means to manifest the Candour and Integrity thereof, in a disclaimer of any obedience to, or concurrence with those Powers or Persons, which have so grossly varied even their own professed principles of preserving his Majesty's Person and Rights, by confining him under a most strict imprisonment; his Majesty also vouchsafing graciously to accept the Declaratien of the said Army, as an eminent and seasonable expression of their Fidelity toward him, and in Testimony thereof, having laid his Commands upon us to make our repair unto this province 〈◊〉 discharge the duties of our place. We have as well in obedience thereunto, as in pursuance of our own duty, and desire to advance his Majesty's service, resolved to evidence our approbation and esteem of the proceeding, of the said Army, by publishing unto the world our like determination in the same ensuing particulars. And accordingly we profess and declare, First to improve our utmost endeavours for the settlement of the Protestant Religion according to the Example of the best Reformed Churches. Secondly, To defend the King in his prerogatives. Thirdly, To maintain the privileges and freedom of Parliament, and the Liberty of the Subjects; that in order hereunto we shall oppose to the hazard of our Lives, those Rebels of this Kingdom, who shall refuse their obedience to his Majesty, upon such terms as he hath thought fit by us to require it: And we shall endeavour to the utmost the suppressing of that independent party, who have thus fiercely laboured the extirpation of the true Protestant Religion, the ruin of our Prince, the dishonour of Parliament and the Vassalage of our Fellow Subjects, against all those who shall depend upon them or adhere unto them, and that this our undertaking might not appear obnoxious to the Trade of England, but that we desire a firm Union and Agreement be preserved betwixt us, we do likewise declare, that we will continue free Traffic and Commerce with all his Majesty's good Subjects of England; and that we will not in the least manner prejudice any of them that shall have recourse to our Harbours, either in their Bodies, Ships or Goods; nor shall we take any thing from them without payment of ready money for the same. And now that by his Majesties said Command, we have proceeded to re-enter upon the work of his service in this Province, we conceive no higher Testimony can be be given of his Majesty's acceptation, or of the estimation we bear about us towards their proceeding, than by resorting unto them in person with his Majesty's Authority, and exhibiting unto them the encouragement and satisfaction they may receive in this assurance, that as we bear an especial regard to their present undertake and performances, accompanied with a real sense of their former sufferings; so lest there should any advantage be derived unto those, who endeavour to improve all opportunities of sowing sedition and distrust by this suggestion, that the former differences in judgement and opinion, which have induced persons to serve diversely under his Majesty, and the Parliament, will occasion prejudice, or ill resentments to arise towards such Persons, as have not formerly concurred in judgement with others in his Majesty's service. We do declare that we are qualified with special Power and Authority from his Majesty to assure them that no distinction shall be made in any such consideration, but that all persons now interested and engaged in this cause, shall be reflected upon with equal favour and regard; and that we shall make it our endeavours so to improve and confirm his Majesty's Gracious disposure towards them, as that we will never call to memory any past difference in Opinion, Judgement, Action, or Profession to the prejudice of any Member of this Army, or any person relating to it; but on the contrary shall be very ready to attest our good affections towards them, in the discharge of such good Offices as shall be in our power; in return whereof we shall only expect, their perseverance in their present engagements for his Majesty's service, with such alacrity, constancy and affection as may suit with their late public Declaration and Professions. To whom we desire this assurance also may be inculcated, that as we shall in the future use our utmost care and diligence to provide for their preservation from the like hardships, to those they have formerly undergone; so we have already employed our best industry and endeavours for the settlement of such a course as we may (with most reason) hope will in these uncertain times, produce a constant and competent subsistence for them, enabling them to make such a progress in their present undertake, as may with the accomplishment of the great ends thereof, establish their own Honour and content. Thus much we have thought fit to publish unto the world to furnish it with an evidence of strong conviction against us, if we ever swerve (to the best of our power) from the just ways of maintaining the true Protestant Religion, the Honour and Interest of his Sacred Majesty, the just Rights of Parliament, the Liberties of the Subjects, and the safety quiet and welfare of the people entrusted to our Care. At Cork 6 Octob. 1648: Append. XLIII. Articles of Peace, made, concluded, accorded and agreed upon, by and between his Excellency James Lord Marquis of Ormond, Lord Lieutenant General, and General of his Majesty's Kingdom of Ireland, for and on the behalf of his most Excellent Majesty, by virtue of the Authority wherewith the said Lord Lieutenant is entrusted, on the one part; And the General Assembly of the Roman Catholics of the said Kingdom, for and on the behalf of His Majesty's Roman Catholic Subjects of the same, on the other part. HIs Majesty's Roman Catholic Subjects, as thereunto bound by allegiance, duty and nature, do most humbly and freely acknowledge and recognize their Sovereign Lord King Charles to be lawful and undoubted King of this Kingdom of Ireland, and other his Highness's Realms and Dominions; And his Majesties said Roman Catholic Subjects, appreheuding with a deep sense, the sad condition where unto His Majesty is reduced. As a farther testimony of their Loyalty: Do declare, that they and their posterity for ever, to the utmost of their power, even to the expense of their blood and fortunes will maintain and uphold His Majesty, His Heirs and lawful Successors their Rights, Prerogatives, Government and Authority, and thereunto freely and hearty will render all due obedience. Of which faithful and loyal recognition and declaration so seasonablly made by the said Roman Catholics; His Majesty is graciously pleased to accept, and accordingly to own them His loyal and dutiful Subjects; And is further graciously pleased to extend unto them the following graces and securities. 1. IMprimis, It is concluded, accorded, and agreed upon, by and between the said Lord Lieutenant, for, and on the behalf of His most Excellent Majesty, and the said General Assembly, for and on the behalf of the said Roman Catholic Subjects, and his Majesty is graciously pleased, that it shall be enacted by Act to be passed in the next Parliament to be held in this Kingdom, that all and every the Professors of the Roman Catholic Religion within the said Kingdom, shall be free and exempt from all Mulcts, Penalties, Restraints and Inhibitions that are, or may be imposed upon them by any Law, Statute, Usage or Custom whatsoever, for or concerning the free exercise of the Roman Catholic Religion: And that it shall be likewise enacted, that the said Roman Catholics or any of them shall not be questioned or molested in their Persons, Goods or Estates, for any matter or cause whatsoever for, concerning, or by reason of the free exercise of their Religion, by virtue of any Power, Authority, Statute, Law or Usage whatsoever: And that it shall be further enacted, That no Roman Catholic in this Kingdom shall be compelled to exercise any Religion, Form of Devotion or Divine Service, other than such as shall be agreeable to their Conscience, and that they shall not be prejudiced or molested in their Persons, Goods, or Estates, for not observing, using, or hearing the Book of Common-Prayer, or any other Form of Devotion or Divine Service, by virtue of any Colour or Statute made in the second Year of Queen Eliz. or by virtue or colour of any other Law, Declaration of Law, Statute, Custom, or Usage whatsoever made or declared, or to be made or declared: And that it shall be further enacted, that the Professors of the Roman Catholic Religion, or any of them be not bound or obliged to take the Oath, commonly called the Oath of Supremacy, expressed in the Stat. of 2 El. c. 1. or in any other Statute or Statutes; And that the said Oath shall not be tendered unto them, and that the refusal of the said Oath shall not redound to the prejudice of them or any of them, they taking the Oath of Allegiance in haec verba, viz. I A. B. do hereby acknowledge, profess, testify and declare in my Conscience, before God and the World, that our Sovereign Lord King Charles, is lawful and rightful King of this Realm, and of, other his Majesty's Dominions and Countries; and I will bear Faith and true Allegiance to His Majesty, and His Heirs and Successors, and Him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity, and do my best endeavour to disclose and make known to His Majesty, His Heirs and Successors, or to the Lord Deputy, or other His Majesty's chief Governor or Governors for the time being, all Treason or Traitorous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them: And I do make this Recognition and Acknowledgement hearty, willingly and truly, upon the true Faith of a Christian; So help me God, etc. Nevertheless the said Lord Lieutenant doth not hereby intent that any thing in these Concessions contained, shall extend, or be construed to extend to the granting of Churches, ☞ Church-living, or the exercise of Jurisdiction, the authority of the said Lord Lieutenant not extending so far, yet the said Lord Lieutenant is authorized to give the said Roman Catholics full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholics full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-living, or of the exercise of their respactive Jurisdictions, as they now exercise the same, until such time as His Majesty, upon a full consideration of the desires of the said Roman Catholics, in a Free Parliament to be held in this Kingdom, shall declare his further Pleasure. 2. Item, It is concluded, accorded, and agreed upon, by and between the said Parties, and his Majesty is further graciously pleased, that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace, or as soon after as Thomas Lord Viscount Dillon of Costologh Lord Precedent of Connaught, Donnogh Lord Viscount Muskery, Francis Lord Baron of Athunry, Alexander Mac Donnel Esquire, Sir Lucas Dillon Knight, Sir Nicholas Plunket Knight, Sir Richard Barnewal Baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlagh O Neile, Miles Reily, and Ger●ald Fennel Esquires, or the major part of them will desire the same, so that by possibility it may be held, and that in the mean time, and until the Articles of these Presents, agreed to be passed in Parliament, be accordingly passed, the same shall be inviolably observed as to the matters therein contained, as if they were enacted in Parliament; And that in case a Parliament be not called and held in this Kingdom within two years' next after the Date of these Articles of Peace, than his Majesty's Lord Lieutenant, or other his Majesty's chief Governor or Governors of this Kingdom for the time being, will, at the request of the said Thomas Lord Viscount Dillon, etc. or the major part of them, call a General Assembly of the Lords and Commons of this Kingdom, to attend upon the said Lord Lieutenant, or other his Majesty's chief Governor or Governors of this Kingdom for the time being, in some convenient place, for the better settling of the affairs of the Kingdom: And it is further concluded, accorded and agreed by and between the said parties, that all matters that by these Articles are agreed upon to be passed in Parliament, shall be transmitted into England, according to the usual form, to be passed in the said Parliament, and that the said Acts so agreed upon, and so to be passed, shall receive no disjunction or alteration here, or in England; Provided that nothing shall be concluded by both, or either of the said Houses of Parliament, which may bring prejudice to any of his Majesty's Protestant Party, or their Adherents, or to his Majesty's Roman Catholic Subjects, or their Adherents, other than such things as upon this Treaty are concluded to be done, or such things as may be proper for the Committee of Privileges of either or both Houses to take cognizance of, as in such cases heretofore hath been accustomed, and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in, to be passed in Parliament for the satisfaction of his Subjects, and other than such things as shall be propounded to either or both Houses by his Majesty's Lord Lieutenant, or other chief Governor or Governors of this Kingdom for the time being, during the said Parliament, for the advancement of his Majesty's Service, and the Peace of the Kingdom, which clause is to admit no construction which may trench upon the Articles of Peace, or any of them, and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called poinding's Act, Entitled, An Act, That no Parliament be holden in that Land until the Acts be certified into England. 3. Item, It is further concluded, accorded and agreed upon, by, and between the said Parties, and his Majesty is graciously pleased, That all Acts, Ordinances, and Orders made by both or either Houses of Parliament, to the blemish, dishonour or prejudice of his Majesty's Roman Catholic Subjects of this Kingdom, or any of them, since the seventh of August, 1641. shall be vacated; and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be passed in the next Parliament to be held in this Kingdom, and that in the mean time the said Acts or Ordinances, or any of them shall be no prejudice to the said Roman Catholics or any of them. 4. Item, It is also concluded, and agreed upon, and his Majesty is likewise graciously pleased, that all indictments, attainders, outlawries in this Kingdom, and all the processes, and other proceed thereupon, and all Letters, Patents, Grants, Leases, Customs, Bonds, Recognizances, and all Records, Act or Acts, Office or Offices, Inquisitions, and all other things depending upon, or taken by reason of the said Indictments, Attainders, or outlawries, since the seventh day of August, 1641. in prejudice of the said Catholics, their Heirs, Executors, Administrators or Assigns, or any of them, or the Widows of them, or any of them shall be vacated and made void in such sort as no memory shall remain thereof, to the blemish, dishonour, or prejudice of the said Catholics, their Heirs, Executors, Administrators, or Assigns, or any of them, or the Widows of them, or any of them; and that to be done when the said Thomas Lord Viscount Dillon, etc. or the major part of them shall desire the same, so that by possibility it may be done, and in the mean time that no such indictments, attainders, outlawries, processes, or any other proceed thereupon, or any letters, patents, grants, leases, custodiums, bonds, recognizances, or any Record or acts, office or offices, inquisitions, or any other thing depending upon, or by reason of the said indictments, attainders, or outlawries, shall in any sort prejudice the said Roman Catholics, or any of them, but that they and every of them shall be forthwith upon perfection of these Articles, restored to their respective possessions, and hereditaments respectively, provided that no man shall be questioned by reason hereof, for measne rates, or wastes, saving wilful wastes committed after the first day of May last past. 5. Item, It is likewise concluded, accorded, and agreed, and his Majesty is graciously pleased, that as soon as possible may be, all impediments which may hinder the said Roman Catholics, to sit or vote in the next intended Parliament, or to choose, or to be chosen Knights, and Burgesses, to sit or vote there, shall be removed, and that before the said Parliament. 6. Item, It is concluded, accorded, and agreed upon, and his Majesty is further graciously pleased, that all debts shall remain as they were upon the 23. of October, 1641. Notwithstanding any disposition made, or to be made, by virtue or colour of any attainder, outlawry, fugacy, or other forfeiture, and that no disposition or grant made, or to be made of any such debts, by virtue of any attainder, outlawry, fugacy, or other forfeiture shall be of force, and this to be passed as an act in the next Parliament. 7. Item, It is further concluded, accorded, and agreed upon, and his Majesty is graciously pleased; that for the securing of the Estates or reputed Estates of the Lords, Knights, Gentlemen, and Freeholders', or reputed Free holder's, as well of Connaght, and County of Clare, or Country of Thomond, as of the Counties of Limerick and Tipperary, the same be secured by Act of Parliament, according to the intent of the 25. Article, of the graces granted in the fourth year of his Majesty's Reign, the tenor whereof, for so much as concerneth the same doth ensue in these words, viz. We are graciously pleased, that for the Inhabitants of Connaght, and Country of Thomond, and County of Clare, that their several Estates shall be confirmed unto them, and their Heirs against us, and our Heirs and Successors, by Act to be passed in the next Parliament to be holden in Ireland, to the end the same may never hereafter be brought into any further question, by Us or Our Heirs, and Successors. In which Act of Parliament so to be passed, you are to take care, that all tenors in capite, and all Rents and Services as are now düe, or which ought to be answered unto us out of the said Lands and premises, by any Letters Patents, passed thereof, since the first year of King Henry the Eight, or found by any Office taken from the said first year of King Henry the Eight, until the 21. of July, 1645. whereby our late dear Father or any his Predecessors, actually received any profit, by wardship, liveries, primer-seisins; measne, rates, ousterlemains or fines of alienations without Licence, be again reserved unto Us, Our Heirs and Successors, and all the rest of the premises to be holden of our Castle of Athlone by Knight's service, according to Our said late Father's Letters, notwithstanding any tenors in capite found for Us by Office, since the 21. of July, 1615. and not appearing in any such Letters Patents, or Offices, within which Rule, his Majesty is likewise graciously pleased, that the said Lands in the Counties of Limerick, and tipperary be included, but to be held by such Rents and Tenors only, as they were in the fourth year of his Majesty's Reign; provided always that the said Lords, Knights, Gentlemen, and Freeholders of the said Province of Connaght, County of Clare, and Country of Tho●●●●, and Counties of tipperary and Limerick, shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majesty, for the Court of Wards, Tenors, Respites, and issues of Homage, any clause in this Article to the contrary notwithstanding; and as for the Lands within the Counties of Kilkennie and Wickloe; unto which his Majesty was entitled by Offices, taken or found in the time of the Earl of strafford's Government in this Kingdom, his Majesty is further graciously pleased that the State thereof, shall be considered in the next intended Parliament, where his Majesty will assent unto that which shall be just and honourable, and that the like act of Limitation of his Majesty's Titles, for the security of the Estates of his Subjects of this Kingdom, be passed in the said Parliament as was enacted in the 21. year of his late Majesty King James his Reign in England. 8. Item, It is further concluded, accorded, and agreed upon, and his Majesty is further graciously pleased, that all incapacities imposed upon the Natives of this Kingdom or any of them, as Natives, by any Act of Parliament, Prouisoes in Patents or otherwise, be taken away by Act to be passed in the said Parliament; and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin or elsewhere, as shall be thought fit by his Majesty's Lord Lieutenant, or other chief Governor or Governors of this Kingdom for the time being; and in case the said Inns of Court shall be erected before the first day of the next Parliament, than the same shall be in such place as his Majesty's Lord Lieutenant, or other chief Governor or Governors of this Kingdom for the time being, by and with the advice and consent of the said Thomas Lord Viscount Dillon, or any seven or more of them shall think fit; and that such Students Natives of this Kingdom as shall be therein, may take and receive the usual degrees accustomed in any Inns of Court, they taking the ensuing Oath, viz. I. A. B. Do hereby acknowledge, profess, testify, and declare in my Conscience, before God and the world that our Sovereign Lord King Charles, is lawful and rightful King of this Realm, and of other His Majesty's Dominions and Countries; and I will bear Faith and true Allegiance to His Majesty, and His Heirs and Successors, and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever, which shall be made against his or their Crown and Dignity, and do my best endeavour to disclose and make known to His Majesty, His Heirs and Successors, or to the Lord Deputy, or other His Majesty's Chief Governor or Governors for the time being, all Treasons or Traitorous conspiracies which I shall know or hear to be intended against His Majesty, or any of them, and I do make this Recognition and acknowledgement, hearty, willingly and truly, upon the true Faith of a Christian: So help me God, etc. And his Majesty is further graciously pleased that his Majesty's Roman Catholic Subjects may erect and keep free-Schools for Education of youths in this Kingdom, any Law or Statute to the contrary notwithstanding; and that all the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament. 9 Item, It is further concluded, accorded, and agreed upon, by, and between the said parties, and his Majesty is graciously pleased, that places of command, honour, profit and trust in his Majesty's Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon his Roman Catholic Subjects of this Kingdom, and that upon the distribution conferring and disposing of the places of command, honour, profit, and trust in his Majesty's Armies in this Kingdom, for the future no difference shall be made between the said Roman Catholics, and other his Majesty's Subjects. But that such distribution shall be made with equal indifferency according to their respective merits and abilities; and that all his Majesty's Subjects of this Kingdom, as well Roman Catholics as others, may for his Majesty's service, and their own security, arm themselves the best they may, wherein they shall have all fitting encouragement; and it is further concluded, accorded and agreed upon, by and between the said parties, and his Majesty is further graciously pleased; that places of command, honour, profit, and trust in the civil Government in this Kingdom, shall be upon passing of the Bills in these Articles mentioned in the next Parliament, actually and by particular instances conferred upon his Majesty's Roman Catholic Subjects of this Kingdom, and that in the distribution, conferring and disposal of the places of command, honour, profit and trust, in the civil Government; for the future no difference shall be made between the said Roman Catholics, and other his Majesty's Subjects, but that such distribution shall be made with equal indifferences, according to their respective merits and abilities, and that in the distribution of ministerial offices or places which now are, or hereafter shall be void in this Kingdom, equality shall be used to the Roman Catholic Natives of this Kingdom, as to others his Majesty's Subjects; and that the command of Forts, Castles, Garrisons, Towns, and other places of importance in this Kingdom, shall be conferred upon his Majesty's Roman Catholic Subjects of this Kingdom upon perfection of these Articles actually and by particular instances, and that in the distribution conferring and disposal of the Forts, Garrisons, Towns, and other places of importance in this Kingdom, no difference shall be made between his Majesty's Roman Catholic Subjects of this Kingdom, and other his Majesty's Subjects, but that such distribution shall be made with equal indifferences, according to their respective merits and abilities, and that until full settlement in Parliament fifteen thousand foot, and two thousand and five hundred Horse of the Roman Catholics of this Kingdom shall be of the standing Army of this Kingdom: And that until full settlement in Parliament as aforesaid, the said Lord Lieutenant or other Chief Governor or Governors of this Kingdom for the time being, and the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, shall diminish or add unto the said number, as they shall see cause from time to time. 10. Item, It is further concluded, accorded and agreed upon, by and between the said parties, and his Majesty is further graciously pleased, that his Majesty will accept of the yearly rent, or annual sum of of twelve thousand pounds sterling, to be apploted with indifferencey and equality, and consented to be paid to his Majesty, his Heirs and Successors in Parliament, for and in lieu of the Court of Wards in this Kingdom, tenors in Capite, Common Knights service, and all other tenors within the cognizance of that Court, and for, and in lieu of all Wardships, primer-seisins, fines, ousterlemains, liveries, intrusions, alienations, measne rates, releases, and all other profits within the cognizance of the said Court, or incident to the said tenors, or any of them, or fines to accrue to his Majesty by reason of the said tenors or any of them, and for and in lieu of respites and issues of homage, and fines for the same. And the said yearly rend being so applotted and consented unto in Parliament as aforesaid, than a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yearly Rend, or annual sum of twelve thousand pounds to be applotted as aforesaid, and for the extinction and taking away of the said Court, and other matters aforesaid in this Article contained. And it is further agreed, that reasonable compositions shall be accepted for▪ Wardships fallen since the 23 of October 1641. and already granted, and that no wardships fallen and not granted or that shall fall, shall be passed until the success of this Article shall appear; and if his Majesty be secured as aforesaid, than all Wardships fallen since the said 23 of Octob. are to be included in the agreement aforesaid, upon composition to be made with such as have grants as aforesaid, which composition to be made with the grantees since the time aforesaid, is to be left to indifferent persons, and the umpirage to the said Lord Lieutenant. 11. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his Majesty is further graciously pleased, that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more proxies than two, and that blank proxies shall be hereafter totally dis-allowed; and that if such Noble Men of Peers of this Realm as have no Estates in this Kingdom do not within five years, to begin from the conclusion of these Articles purchase in this Kingdom as followeth, viz. A Lord Baron 200 l. per annum, a Lord Viscount 400 l. per annum, and an Earl 600 l. per annum, a Marquis 800 l. per annum, a Duke 1000 l. per annum, shall lose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively; and that none be admitted in the House of Commons, but such as shall be Estated, and resident within this Kingdom. 12. Item, It is further concluded, accorded and agreed upon, by and between the said parties, and his Majesty is further graciously pleased, that as for and concerning the independency of the Parliament of Ireland on the Parliament of England, his Majesty will leave both houses of Parliament in this Kingdom to make Declaration therein, as shall be agreeable to the Laws of the Kingdom of Ireland. 13. Item, It is further concluded and agreed upon, by and between the said parties, and his Majesty is further graciously pleased, that the Council-Table shall contain itself within its proper bounds in handling matters of State and Weight fit for that place, amongst which the Patents of plantation, and the Offices whereupon those Grants are founded to be handled as matters of State, and to be heard and determined by his Majesty's Lord Lieutenant, or other chief Governor or Governors for the time being, and the Council publicly at the Counsel-Board, and not otherwise, but Titles between party and party grown after these patents granted, are to be left to the ordinary course of Law; and that the Counsel-Table do not hereafter intermeddle with common business, that is within the cognizance of the ordinary Courts, nor with the altering of possessions of Lands, nor make, nor use private Orders, hear or references, concerning any such matter, nor grant any injunction or order for stay of any suits in any civil cause; and that parties grieved for, or by reason of any proceed formerly had there, may commence their suits and prosecute the same in any of his Majesty's Courts of Justice or Equity, for Remedy of their pretended rights, without any restraint or interruption from his Majesty, or otherwise by the chief Governor or Governors, and Council of this Kingdom▪ and that the proceed in the respective Presidency Courts, shall be pursuant; and according to his Majesty's printed Book of Instructious, and that they shall contain themselves within the limits prescribed by that Book, when the Kingdom shall be restored to such a degree of quietness, as they be not necessarily enforced to exceed the same. 14. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his Majesty is further graciously pleased: That as for and concerning one Statute made in this Kingdom, in the eleventh year of the Reign of Queen Elizabeth, entitled, led, an Act for staying of Wool, Flocks, Tallow, and other necessaries within this Realm; and another Statute made in the said Kingdom, in the twelfth year of the Reign of the said Queen, entitled, an Act, etc. And one other Statute made in the said Kingdom, in the 13 year of the Reign of the said late Queen, entitled an Exemplanation of the Act made in a Session of this Parliament for the staying of Wool, Flocks, Tallow; and other wares and commodities mentioned in the said Act, and certain Articles added to the same Act, all concerning staple or native Commodities of this Kingdom shall be repealed, if it shall be so thought fit in the Parliament excepting for Wool and Woolfels, and that such indifferent persons as shall be agreed on by the said Lord Lieutenant, and the said Thomas Lord Viscount Dillon, Esq etc. or any seven or more of them shall be authorized by Commission under the great Seal, to moderate, and ascertain the rates of merchandise to be exported or imported out of, or into this Kingdom, as they shall think fit. 15. Item, It is concluded, accorded, and agreed by and between the said parties, and his Majesty is graciously pleased, that all and every person and persons within this Kingdom, pretending to have suffered by Offices found of several Countries, Territories, Lands and Hereditaments in the Province of Ulster, and other Provinces of this Kingdom in or since the first of King James his Reign, or by Attainders or Forfeitures, or by pretence and colour thereof, since the said first year of King James, or by other Acts depending on the said Offices, attainders and forfeitures may petition his Majesty in Parliament for relief and redress; and if after examination, it shall appear to his Majesty, the said persons, or any of them have been injured, than his Majesty will prescribe a course to repair the person or persons so suffering according to Justice and Honour. 16. Item, It is further concluded, accorded, and agreed upon, by, and between that said parties, and his Majesty is graciously pleased, that as to the particular Cases of Maurice Lord Viscount de Rupe and Fermoy, etc. they may petition his Majesty in the next Parliament; whereupon his Majesty will take such consideration of them as shall be just and fit. 17. Item, It is likewise concluded, accorded, and agreed upon, by and between the said parties, and his Majesty is graciously pleased, That the Citizens, Freemen, Burgesses and former Inhabitants of the City of Cork, Towns of Youghal and Dungarven shall be forthwith, upon perfection of these Articles, restored to their respective possessions and estates in the said City and Towns respectively, where the same extends not to the endangering of the said Garrisons in the said City and Towns. In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns, shall be afforded a valuable annual Rent for the same until settlement in Parliament; ☞ at which time they shall be restored to those their possessions. And it is further agreed, and his Majesty is graciously pleased, That the said Citizens, Freemen, Burgesses and Inhabitants of the said City of Cork, and Towns of Youghal and Dungarven respectively shall be enabled in convenient time before the next Parliament to be hold in this Kingdom, to choose and return Burgesses into the same Parliament. 18. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his Majesty is further graciously pleased, that an Act of Oblivion be passed in the next Parliament, to extend to all his Majesty's Subjects of this Kingdom, and their Adherents, of all Treasons and Offences, capital, criminal and personal, and other Offences of what nature, kind, or quality soever, in such manner as if those Treasons, or Offences had never been committed, perpertrated or done; That the said Act do extend to the Heirs, Children, Kindred, Executors, Administrators, Wives, Widows, Dowagers, or Assigns of such of the said Subjects and their Adherents, who died on, before, or since the 23d. of Octob. 1641. That the said Act do relate to the first day of the next Parliament, that the said Act do extend to all Bodies Politic and Corporate, and their respective Successors, and unto all Cities, Boroughs, Counties, Baronies, Hundreds, Towns, Villages, Tithings, and every of them within this Kingdom, for and concerning all and every of the said Offences, or any other Offence or Offences, in them, or any of them committed, or done by his Majesties said Subjects or their Adherents, or any of them, before, in, or since the 23d. of Octob. 1641. Provided this Act shall not extend to be construed to pardon any Offence or Offences, for which any person or persons have been convicted or attainted of Record at any time before the 23d. of Octob. in the year of our Lord 1641. That this Act shall extend to Piracies, and all other Offences committed upon the Sea by his Majesties said Subjects, or their Adherents, or any of them, That in this Act of Oblivion, words of release, acquittal and discharge be inserted, that no person or persons, Bodies politic, or Corporate, Counties, Cities, Burroughs, Baronnies, Hundreds, Towns, Villages, Tithings, or any of them within this Kingdom, included within the said Act, be troubled, impeached, sued, inquieted, or molested, for, or by reason of any offence, matter or thing whatsoever, comprised within the said Act; and the said Act shall extend to all Rents, Goods and Chattels, taken, detained, or grown due to the Subjects of the one party from the other, since the 23d. of Octob. 1641. to the date of these Articles of Peace; and also to all Customs, Rents, Arrears of Rents, Prizes, Recognizances, Bonds, Fines, Forfeitures, Penalties, and to all other Profits, Perquisites, and Deuce which were due, or did, or should accrue to his Majesty on, before, or since the 23d. of Octob. 1641. until the perfection of these Articles, and likewise to all Measne, Rates, Fines, of what nature soever, Recognizances, Judgements, Executions thereupon, and Penalties whatsoever, and to all other Profits due to his Majesty since the said 23d. of October, and before, until the perfection of these Articles, for by reason, or which lay within the survey or Cognizance of the Court of Wards; and also to all Respites, Issues of Homage and Fines for the same; provided this shall not extend to discharge or remit any of the King's Debts or Subsidies due before the said 23d. of Octob. 1641. which were then or before levied or taken by the Sheriffs, Commissioners, Receivers, or Collectors, and not then or before accounted for, or since disposed to the public use of the said Rom. Catholic Subjects, but that such persons may be brought to account for the same after full settlement in Parliament, and not before, unless by, and with the advice and consent of the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, as the said L. Lieut. otherwise shall think fit; Provided that such barbarous and inhuman Crimes as shall be particularised and agreed upon by the said Lord Lieutenant, and the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, as to the Actors and Procurers thereof, be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant, and the said Tho. Lord Viscount Dillon, etc. or any seven or more of them; and that the power of the said Commissioners shall continue only for two years' next ensuing the date of their Commission, which Commission is to issue within six Months after the Date of these Articles; Provided also, that the Commissioners to be agreed on for the Trial of the said particular Crlnies to be excepted, shall hear, order and determine all Cases of Trust where relief may or aught in equity to be afforded against all manner of persons according to the Equity and Circumstances of every such Cases, and his Majesty's chief Governor or Governors, and other Magistrates for the time being, in all his Majesty's Courts of Justice, and other his Majesty's Officers, of what condition or quality soever, be bound and required to take notice of, and pursue the said Act of Oblivion without pleading or suit to be made for the same, and that no Clerk or other Officers do make out, or write out any manner of Writs, Processes, Summons, or other Precept, for, concerning▪ or by reason of any matter, cause, or thing whatsoever released, forgiven, discharged, or to be forgiven by the said act under pain of 20 l. sterling. And that no Sheriff or other Officer, do execute any such Writ, Process, Summons or Precept; and that no Record, Writing, or Memory, do remain of any Offence or Offences, released or forgiven, or mentioned to be forgiven by this Act; and that all other clauses usually inserted in Acts of general pardon or oblivion, enlarging his Majesty's grace and mercy, not herein particularised, be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other. Provided always that the said Act of oblivion shall not extend to any Treason, Felony, or other Offence or Offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament, to be held in this Kingdom; Provided also that any Act or Acts which shall be done by virtue, pretence, or in pursuance of these Articles of peace agreed upon, or any Act or Acts which shall be done by virtue, colour or pretence of the power or authority used, or exercised by and amongst the Confederate Roman Catholics after the date of the said Articles, and before the said publication, shall not be accounted, taken, or construed, or to be, Treason, Felony, or other Offence to be excepted out of the said Act of oblivion; Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles; Provided further that the said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, to call to an account, and proceed against the Council and Congregation, and the respective Supreme Counsels Commissioners general, appointed hitherto from time to time by the Confederate Catholics to manage their affairs, or any other person or persons accountable, to an account for their respective receipts and disbursements, since the beginning of their respective employments under the said Confederate Catholics, or to acquit or release any arrears of Excises, Customs, or public Taxes, to be accounted for, since the 23. of Octob. 1641. and not disposed of hitherto, to the public use, but that the parties therein concerned may be called to an account for the same as aforesaid, by the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, the said act or any thing therein contained to the contrary notwithstanding. 19 Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his Majesty is graciously pleased, that an act be passed in the next Parliament, prohibiting that neither the Lord Deputy, or other chief Governor, or Governors, Lord Chancellor, Lord High-Treasurer, Vice-Treasurer, Chancellor, or any of the Barons of the Exchequer, Privy-Councel, or Judges of the four Courts be Farmers of his Majesty's Customs within this Kingdom. 20. Item, It is likewise concluded, accorded and agreed, and his Majesty is graciously pleased, that an act of Parliament pass in this Kingdom against Monopolies, such as was enacted in England, 21. Jacobi Regis, with a further clause of repealing of all grants of Monopolies in this Kingdom, and that Commissioners be agreed upon by the said Lord Lieutenant, and the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, to set down the rates for the Custom and Imposition to be laid on Aquavitae, Wine, Oil, Yarn, and Tobacco. 21. Item, It is concluded, accorded, and agreed, and his Majesty is graciously pleased, that such persons as shall be agreed on by the said Lord Lieutenant, and the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, shall be (as soon as may be) authorised by Commission under the great Seal, to regulate the Court of Castlechamber, and such Causes as shall be brought into, and censured in the said Court. 22. Item, It is concluded, accorded, and agreed upon, and his Majesty is graciously pleased, that two Acts lately passed in this Kingdom, one prohibiting the Ploughing with Horses by the Tail, and the other prohibiting the burning of Oats in the Straw be repealed. 23. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his Majesty is further graciously pleased, for as much as upon application of Agents from this Kingdom unto his Majesty in the fourth year of his Reign, and lately upon humble suit made unto his Majesty, by a Committee of both Houses of the Parliament of this Kingdom, order was given by his Majesty for redress of several grievances, and for so many of those as are not expressed in the Articles, whereof both Houses in the next ensuing Parliament shall desire the benefit of his Majesties said former directions for redress therein, that the same be afforded them, yet so, as for prevention of inconveniences to his Majesty's Service, that the warning mentioned in the 24. Article of the graces in the fourth year of his Majesty's Reign be so understood, that the warning being left at the persons dwelling Houses be held sufficient warning, and as to the 22. Article of the said graces, the Process hitherto used in the Court of Wards do still continue, as hitherto it hath done in that, and hath been used in other English Courts, but the Court of Wards being compounded for, so much of the aforesaid answer as concerns warning and process shall be omitted. 24. Item, It is further concluded, accorded, and agreed upon by, and between the said parties, and his Majesty is further graciously pleased, that Maritine causes may be determined in this Kingdom, without driving of Merchants or others to appeal and seek Justice elsewhere; and if it shall fall out that there be cause of an appeal, the party grieved is to appeal to his Majesty in the Chancery of Ireland, and the sentence thereupon to be given by the deligates, to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdom, if the Parliament shall then be sitting, otherwise not, this to be by Act of Parliament, and until the said Parliament, the Admiralty a●d Maritine causes shall be ordered, and settled by the said Lord Lieutenant, or other chief Governor or Governors of this Kingdom for the time being, by and with the advice and consent of the said Thomas Lord Viscount Dilion, etc. or any seven or more of them. 25. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his Majesty is graciously pleased, that his Majesty's Subjects of this Kingdom be eased of all Rents and increase of Rents lately raised on the Commission of defective Titles in the Earl of strafford's Government, this to be by Act of Parliament; and that in the mean time the said Rents or increase of Rents shall not be written for, by any process, or the payment thereof in any sort procured. 26. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his Majesty is further graciously pleased, that by Act to be passed in the next Parliament, all the arrears of Interest money, which did accrue and grow due by way of debt, mortagage or otherwise, and yet not satisfied since the 23. of October 1641. until the perfection of these Articles shall be fully forgiven and be released, and that for and during the space of three years next ensuing, no more shall be taken for use or interest of money than five pounds per centum. And in cases of equity arising through disability, occasioned by the Distempers of the times, the considerations of equity to be a like unto both parties; but as for mortgages contracted between his Majesty's Roman Catholic Subjects and others of that party, where entry hath been made by the mortgagers against Law, and the condition of their mortgages, and detained wrongfully by them without giving any satisfaction to the mortgages, or where any such mortgagers have made profit of the lands mortgaged above country charges, yet answer no rent, or other consideration to the mortgagees, the parties grieved respectively to be left for relief to a course of equity therein. 27. Item, It is further concluded, accorded, and agreed upon, and His Majesty is further graciously pleased, that immediately upon perfection of these Articles, the said Thomas Lord Viscount Dillon, etc. shall be authorized by the said Lord Lieutenant to proceed in, hear, determine, and execute, in and throughout this Kingdom, the ensuing particulars, and all the matters thereupon depending, and that such authority, and other the authorities hereafter mentioned shall remain of force without revocation, alteration or diminution, until Acts of Parliament be passed, according to the purport and intent of these Articles, and that in case of death, miscarriage, disability to serve, by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon, etc. His Majesty's Lord Lieutenant, or other Chief Governor, or Governors of this Kingdom for the time being, shall name and authorise another in the place of such as shall be so dead, or shall miscarry himself, or be so disabled, and that the same shall be such person, as shall be allowed of by the said Thomas Lord Viscount Dillon, etc. or any seven or more of them then living. And that the said Thomas Lord Viscount Dillon etc. or any seven or more of them shall have power to applot, raise, and levy means with indifferency and equality by way of Exercise or otherwise, upon all his Majesty's Subjects within the said Kingdom, their persons, Estates and Goods, towards the maintenance of such Army or Armies, as shall be thought fit to continue, and be in pay for his Majesty's service, the defence of the Kingdom, and other the necessary public charges thereof, and towards the maintenance of the Forts, Castles, Garrisons, and Towns of both, or either party, other than such of the said Forts, Garrisons, and Castles, as from time to time, until there shall be a settlement in Parliament shall be thought fit, by his Majesty's chief Governor, or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, not to be maintained at the charge of the public, provided that his Majesty's Lord Lieutenant, or other chief Governor or Governors of this Kingdom for the time being, be first made acquainted with such Taxes, Levies, and Excises as shall be made, and the manner of levying thereof, and that he approve the same; and to the end that such of the Protestant party, as shall submit to the peace may in the several Counties where any of their Estates lieth, have equality and indifferency in the Assessments and Levies that shall concern their Estates in the said several Counties. It is concluded, accorded, and agreed upon, and his Majesty is graciously pleased, that in the directions which shall issue to any such County, for the applotting, subdividing, and levying of the said public Assessments, some of the said Protestant party shall be joined with others of the Roman Catholic party to that purpose, and for effecting that service; and the said Thomas Lord Viscount Dillon, etc. or any seven or more of them shall have power to levy the arrears of all excises and other public taxes imposed by the Confederate Roman Catholics, and yet unpaid, and to call Receivers and other Accomptants of all former taxes, and all public deuce, to a just and strict account either by themselves, or by such as they or any seven or more of them shall name or appoint; and that the said Lord Lieutenant, or any other chief Governor or Governors of this Kingdom for the time being, shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, for letting, setting and improving the Estates of all such person or persons, as shall adhere to any party opposing his Majesty's Authority and not submitting to the Peace, and that the profits of such estates shall be converted by the said Lord Lieutenant, or other chief Governor, or Governors, of this Kingdom for the time being, to the maintenance of the King's Army, and other necessary charges, until settlement by Parliament; and that the said Thomas Lord Viscount Dillon, etc. or any seven or more of them shall have power to applot, raise, and levy means with indifferency and equality for the buying of Arms and Ammunition, and for the entertaining of Frigates in such proportion as shall be thought fit by his Majesty's Lord Lieutenant, or other chief Governors of this Kingdom for the time being, by and with the advice and consent of the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, the said Arms and Ammunition, to be laid up in such Magazines, and under the charge of such persons as shall be agreed on, by the said Lord Lieutenant, and the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, and to be disposed of, and the said Frigates to be employed for his Majesty's service, and the public use and benefit of this Kingdom of Ireland; and that the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, shall have power to applot, raise, and levy means with indifferency and equality, by way of Excise or otherwise, in the several Cities, Corporate Towns, Counties, and part of the Counties, now within the Quarters, and only upon the Estates of the said Confederate Roman Catholics, all such sum and sums of money as shall appear to the said Thomas Lord Viscount Dillon, etc. or any seven or more of them to be really due for and in the discharge of the public engagements of the said Confederate Catholics, incurred or grown due before the conconclusion of these Artieles; and that the said Thomas Lord Viscount Dillon, etc. or any seven or more of them shall be authorized to appoint Receivers, Collectors, and all other Officers, for such moneys as shall be assessed, taxed, or applotted, in pursuance of the authorities mentioned in this Article, and for the Arrears of all former applotments, Taxes, and other public deuce yet unpaid; and that the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, in case of refractoriness, or delinquency may distrain and imprison, and cause such Delinquents to be distrained and imprisoned. And the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, make perfect books of all such moneys as shall be applotted, raised, or levied, out of which books they are to make several and respective abstracts to be delivered under their hands, or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same. And that a duplicate of the said books under the hands of the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, be delivered unto his Majesty's Lord Lieutenant, or other chief Governor or Governors of this Kingdom for the time being, whereby a perfect account may be given; and that the said Thomas Lord Viscount Dillon, etc. or any seven or more of ther●s shall have power to call the Council and Congregation, and the respective supreme Counsels, and Commissioners General, appointed hitherto from time to time by the said Confederate Roman Catholics, to manage their public affairs, and all other persons accountable, to an account for all their Receipts and Disbursments since the beginning of their respective employments under the Confederate Roman Catholics. 28. Item, It is concluded, accorded, and agreed, by and between the said parties, and his Majesty is graciously pleased, that for the preservation of the peace and tranquillity of the Kingdom, the said Lord Lieutenant, and the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace, Oyer and Terminer, Assizes and Goal Delivery, in, and throughout the Kingdom, to continue during pleasure, with such power as Justices of the Peace, Oyer and Terminer, Assizes and Goal delivery in former time of Peace, have usually had, which is not to extend unto any crime or offence committed before the first of May last past, and to be qualified with power to hear and determine all civil causes coming before them, not exceeding ten pounds; Provided that they shall not intermeddle with Titles of Lands; provided likewise the authority of such Commissioners shall not extend to question any person or persons, for any Shipping, Cattle or Goods heretofore taken by either party from the other, or other injuries done contrary to the Articles of Cessation, concluded by and with the said Roman Catholic party, in, or since May last, but that the same shall be determined by such indifferent persons as the Lord Lieutenant, by the advice and consent of the said Thomas Lord Viscount Dillon, etc. or any seven or more of them shall think fit, to the end, that speedy and equal Justice may be done to all parties grieved; And the said Commissioners are to make their Estreats as accustomed of peace, and shall take the ensuing Oath, viz. You shall swear, that as Justice of the Peace Oyer and Terminer, Assizes, and Goal delivery in the Counties of A. B. in all Articles of the Commission to you directed. You shall do equal right to the Poor, and to the Rich after your Cunning, and Wit, and Power, and after the Laws and Customs of the Realm, and in pursuance of these Articles; and you shall not be of Council of any quarrel hanging before you; and the Issues, Fines, and Amercements which shall happen to be made, and all Forfeitures which shall happen before you, you shall cause to be entered without any concealment or imbezling, and send to the Court of Exchequer, or to such other place as his Majesty's Lord Lieutenant, or other chief Governor or Governors of this Kingdom shall appoint, until there may be access unto the said Court of Exchequer; You shall not let for gift or other cause, but well and truly; you shall do your office of Justice of the Peace, Oyer and Terminer, Assizes, and Goal delivery in that behalf, and that you take nothing for your office of Justice of the Peace, Oyer and Terminer, Assizes and Goal delivery to be done, but of the King, and Fees accustomed; and you shall not direct, or cause to be directed any Warrant by you, to be made to the parties, but you shall direct them to the Sheriffs and Bailiffs of the said Counties respectively, or other the King's Officers or Ministers, or other indifferent persons to do execution thereof, so help me God, etc. And that as well in the said Commission, as in all other Commissions and Authorities to be issued in pursuance of the present Articles, this clause shall be inserted, viz. That all Officers, Civil and Martial, shall be required to be aiding and assisting, and obedient unto the said Commissioners, and other persons to be authorised as abovesaid in the execution of their respective powers. 29. Item, It is further concluded, accorded and agreed upon, by and between the said parties, and his Majesty is further graciously pleased, that his Majesty's Roman Catholic Subjects, do continue the possession of such of his Majesty's Cities, Garrisons, Towns, Forts, and Castles which are within their now Quarters, until settlement by Parliament, and to be commanded, ruled and governed in chief, upon occasion of necessity (as to the Martial and Military affairs, lindx; by such as his Majesty, or his chief Governor or Governors of this Kingdom for the time being, shall appoint; and the said appointment to be by, and with the advice and consent of the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, and his Majesty's chief Governor or Governors is to issue Commissions accordingly, to such persons as shall be so named and appointed, as aforesaid, for the executing of such Command, Rule, or Government, to continue until all the particulars in these present Articles agreed on to pass in Parliament, shall be accordingly passed, only in case of death or misbehaviour, such other person or persons to be appointed for the said Command, Rule and Government to be named and appointed in the place or places, of him or them, who shall so die, or misbehave themselves as the chief Governor or Governors for the time being, by the advice and consent of the said Thomas Lord Viscount Dillon, etc. or any seven or more of them, shall think fit, and to be continued until a settlement in Parliament as aforesaid. 30. Item, It is further concluded, accorded and agreed upon by, and between the said parties, and his Majesty is further graciously pleased, that all Customs and Tenths of Prizes belonging to his Majesty, which from the perfection of these Articles, shall fall due within this Kingdom, shall he paid unto his Majesty's Receipt, or until recourse may be had thereunto in the ordinary legal way, unto such person or persons, and in such place or places, and under such Controls as the Lord Lieutenant shall appoint to be disposed of, in order to the defence and safety of the Kingdom, and the defraying of other the necessary public charges thereof, for the ease of the Subjects in other their Levies, Charges and Applotments. And that all, and every person or persons who are at present entrusted and employed by the said Roman Catholics, in the Entries, Receipts, Collections, or otherwise, concerning the said Customs, and Tenths of Prizes, do continue their respective employments in the same, until full settlement in Parliament accountable to his Majesty's Receipts, or until recourse may be had thereunto; as the said Lord Lieutenant shall appoint as aforesaid, other than to such, and so many of them, as to the chief Governor or Governors for the time being, by, and with the advice and consent of the said Tho. Lord Viscount Dillon, etc. or any seven or more of them shall be thought fit to be altered; and then, and in such case, or in case of death, fraud or mis-behaviour, or other alteration of any such person or persons, than such other person or persons to be employed therein, as shall be thought fit by the chief Governor or Governors for the time being, by, and with the advice and consent of the said Tho. Lord Visc. Dillon, etc. or any seven or more of them; And when it shall appear, that any person or persons who shall be found faithful to his Majesty, hath right to any of the Offices or Places about the said Customs, whereunto he or they may not be admitted until settlement in Parliament as aforesaid, that a reasonable compensation shall be afforded to such person or persons for the same. 31. Item, As for, and concerning his Majesty's Rents payable at Easter next, and from thenceforth to grow due, until a settlement in Parliament, it is concluded, accorded and agreed upon, by and between the said parties, and his Majesty is graciously pleased, that the said Rents be not written for, or levied until a full settlement in Parliament, and in due time upon application to be made to the said Lord Lieutenant, or other chief Governor or Governors of this Kingdom by the said Tho. Lord Viscount Dillon, etc. or any seven or more of them, for remittal of those Rents, the said Lord Lieutenant, or any other chief Governor or Governors of this Kingdom for the time being, shall intimate their desires, and the reason thereof to his Majesty, who, upon consideration of the present condition of this Kingdom, will declare his gracious pleasure therein, as shall be just and honourable, and satisfactory to the reasonable desires of his Subjects. 32. Item, It is concluded, accorded and agreed, by and between the said parties, and his Majesty is graciously pleased, that the Commissioners of Oyer and Terminer, and Gaol delivery to be named as aforesaid, shall have power to hear and determine all Murders, Manslaughters, Rapes, Stealths, Burning of Houses and Corn in Rick or Stack, Robberies, Burglaries, Forcible Entries, Detainers of Possessions, and other Offences committed or done, and to be committed and done since the first day of May last past, until the first day of the next Parliament, these present Articles, or any thing therein contained to the contrary notwithstanding; Provided that the Authority of the said Commissioners shall not extend to question any person or persons for doing or committing any Act whatsoever, before the conclusion of this Treaty, by virtue or colour of any warrant or direction from those in public Authority among the confederate Roman Catholic, nor unto any Act which shall be done after the perfecting and concluding of these Articles, by virtue or pretence of any Authority which is now by these Articles agreed on; Provided also that the said Commission shall not continue longer than the first day of the next Parliament. 33. Item, It is concluded, ordered and agreed by and between the said parties, and his Majesty is further graciously pleased, that for the determining such differences which may arise between his Majesty's Subjects within this Kingdom, and the prevention of inconvenience and disquiet, which through want of due remedy in several causes may happen, there shall be Judicatures established in this Kingdom, and that the persons to be authorized in them, shall have power to do all such things as shall be proper and necessary for them to do; and the said Lord Lieutenant, by and with the advice and consent of the said Thomas Lord Viscount Dillon, etc. or any seven or more of them shall name the said persons so to be authorized, and do all other things incident unto, and necessary for the settling of the said intended Judicatures. 34. Item, At the instance, humble suit, and earnest desire of the General Assembly of the Confederate Roman Catholics, it is concluded, accorded, and agreed upon, That the Roman Catholic Regular Clergy of this Kingdom, behaving themselves conformable to these Articles of Peace, shall not be molested in the possessions which at present they have of and in the Bodies, Sites and Precincts of such Abbeys and Monasteries belonging to any Roman Catholic within the said Kingdom, until settlement by Parliament; and that the said Clergy shall not be molested in the enjoying of such Pensions as hitherto since the Wars they enjoyed for their respective livelihoods from the said Roman Catholics, and the Cites and Precincts hereby intended, are declared to be the Body of the Abbey, one Garden and Orchard to each Abbey, if any there be, and what else is contained within the Walls, Mears, or ancient Fences, or Ditch that doth supply the Wall thereof, and no more. 35. Item, It is concluded, accorded, and agreed, by, and between the said parties, that as to all other demands of the said Roman Catholics, for, or concerning all or any the matters proposed by them, not granted or assented unto, in, and by the foresaid Articles, the said Roman Catholics be referred to his Majesty's gracious favour, and further Concessions. In witness whereof, the said Lord Lieutenant, for, and on the behalf of his most excellent Majesty, to the one part of these Articles remaining with the said Roman Catholics, hath put his Hand and Seal: And Sir Richard Blake Knight, in the Chair of the General Assembly of the said Roman Catholics, by order, command, and unanimous consent of the said Catholics in full Assembly, to the other part thereof, remaining with the said Lord Lieutenant, hath put his Hand and the public Seal hitherto used by the said Roman Catholics, Jan. 17. 1641. and in the 24th. year of the Reign of our Sovereign Lord CHARLES, by the Grace of God, King of Great Britain, France, and Ireland, etc. Appendix XLIV. A Circular Letter from the Popish Clergy, in Approbation of the Peace of 1648. SIRS, AS a War undertaken principally for Religion, gave us all the world over the reputation of a Catholic People, even so the Peace now concluded between the King's Lieutenant and us, speak us a most Loyal Nation, as complying with his Majesty in his greatest necessity, though in our thoughts and occasions during these seven years' Wars, we have still this Loyalty, and have oft publicly sworn it, yet lay we under the suspicion of many men; but by the present Agreement all blemish of that kind is taken away; We are of opinion, that our sense of this Peace, would give you a confidence to receive and submit to it willingly and cheerfully; to which end, we do hereby give you assurance we have by this Peace in the present Concessions, and in the Expectations of further gracious Favours from his Majesty's Goodness, received a good satisfaction for the Being and Safety of Religion: And the Substance thereof, as to the Concessions for Religion, is better than the Sound. By the temporal Articles, the Lives, Liberties and Estates of men are provided for; so as now you have a clear quarrel without thought, or the least colour of suspicion; for you fight purely against Sectaries and Rebels, for God and Caesar, and under those Banners you may well hope for Victories. We do hereby pray you may with joy and much happiness wear his green Laurel of happy Peace; and so we remain, Your Fathers and Servants in Christ Jesus▪ Signed, Johannes Archiepiscopus Tuamen. David Ossoriens. ThomasMiddens. Franciscus▪ Aladens. Edwardus Limericens. NicholausFernens. Fa. Hugo Duacens. Pat. Drumorens. Andr. Finwarens. Appendix XLV. 13 March 1649. Remedies proposed to his Excellency for removing the Discontents and Distrusts of the People, and for advancing his Majesty's service, presented by such of the Clergy as met at Lymerick the 8th. of March 1649. and the Commissioners of Trust. I. HAving joined ourselves in this meeting upon your Excellency's Summons, and in compliance with your pleasure in delivering our sense how any life might be conserved in this gasping Kingdom: The following considerations we thought fit to be represented to your Excellency. II. It is generally thought, that most of the present Distresses of the Kingdom, did proceed from the want of a Privy Council (as ever it was accustomed heretofore) to assist the Government of this Land in War and Peace. We conceive it essentially necessary, that such a Council be framed of the Peers and others, Natives of the Kingdom, as well Spiritual and Temporal, to sit with your Excellency daily, and determine all weighty affairs of the Country by their Counsel. The Commissioners of Trust being only entrusted for the due observation of the Articles of Peace, had not the Authority of Counsellors, and the affairs that entrench most upon the matters of State of the Kingdom, were not their study or charge. III. That there be an exact Establishment of the Forces forthwith settled and agreed on, directing what numbers the Army of the Kingdom shall consist of Horse and Foot, what each Province shall bear, what number each Regiment, Troop, and Company shall consist of; and laying down such Rules that no payments be made, but according to the number of Forces that shall be visible and extant for service; and the said establishment to be forthwith put in Execution; and the said Army once established, and made certain; not to be multiplied, or exceeded, other than by solemn further establishment to be made with the consent and concurrence of the Commissioners of Trust, if there be cause for it. And in that Establishment a certain and sure course to be taken, that all the Forces have the same assurance, and the like equality of payment for all the Army. And in that Establishment all preventions possible to be set down for avoiding the burdening of the People with thoroughfare, Delinquency, or Free quarter, or any other Forces than those continued in the establishment, and none to have command but in one capacity, and to serve in the head of that Command, otherwise not to be in Command. And in the said establishment, considering the necessity the Kingdom is reduced unto, the Burden of general Officers, or other burdens that may be spared, or not found necessary, to be put by, and the Kingdom at present eased thereof. iv That on the composure of that Army, and on Garrisoning of places necessary to be Garrisoned, exact wariness be used, that none against whom just exception may be taken, or who by any probability considering all circumstances cannot be so well confided in, as others of this Nation, be either of the number whereof those established Forces shall consist or be put, or continued in Garrison. V That several places are Garrisoned without the consent, or concurrence of the Commissioners of Trust. It is proposed that the Forces placed in such Garrisons, be forthwith removed and withdrawn, and not Garrisoned, but by consent of the Commissioners of Trust; and that none be placed in such Garrisons, but such as the Commissioners of Trust will consent to be placed therein. And for particular instance of this grievance, the Castle of Clare, Clonraud, Ballingary, and Bunratty, are instanced, and what else are of that nature, the Commissioners of Trust are to represent and instance forthwith, and see redress afforded therein to the people's satisfaction, if any such be of that nature. VI That it is a great cause of jealousy and mistrust among the people, that where Catholics were settled, or understood to be settled in some of the greatest employments of Trust in the Army, they have been notwithstanding removed and put by, for avoiding of those causes, and grounds of mistrust, the Catholics so settled, or understood to be settled in such employments, are desired to be forthwith restored. VII. That for satisfaction of the people, who in the many disorders of these times see no face of Justice exercised among them, a Judicature be erected, according to the Articles of peace wherein all Causes without limit between party and party may be heard and determined; and that Judges of Assize go Circuits twice each year at least; and over and besides this, that some persons as Justices of Peace in Quarter Sessions, or otherwise, be entrusted in each County to whom the Inhabitants of each such County may have their applications for redress against oppressions and extortions happening within that County; and for Debts and other complaints not exceeding Ten pounds. This will free your Excellency from the trouble of those multitudes of complaints that come before you, for want of other Judicatures, and will leave your Lordship the time entire to be disposed in the consults of the State affairs, for the better management of the War, and other the great affairs that may concern the better Government of the Kingdom; these being of so high a nature, and so much tending to the people's preservation, as no other matter or causes should be interposed; that might give any interruption thereto. VIII. That to the very great grievance and dissatisfaction of the people the Receiver general hath failed to clear his Accounts, concerning the vast sums of Money levied from the people since the 17th. of Jan. 1648. though the same hath been long expected, and the grievances from the Agents of Counties long foreslowed, in expectation of those Accounts. It is proposed that some of the Commissioners of Trust and some other select persons, may be forthwith now named to be authorized and entrusted to take the said Accounts; and to that purpose the persons so to be entrusted to be authorized to call before them the said Receiver General, the Commissary of the Victuals, and their Deputies, and all Receivers whatsoever entrusted in the several Counties as they shall see cause, and will find it necessary, and to take examinations on Oath, and to do all matters that may tend to the clearing of those Accounts; whereby on the close of such Accounts, due satisfaction may be given to the people in the knowledge of the right disposal thereof; or the Parties failing in such accounts due punishment to be inflicted on them, and their persons goods and Estates seized on, and secured for satisfaction of the People, that they be answerable for what they shall appear to be owing, to be applied to the public service. And for avoiding all jealousies and mistrusts for the future in the disposal of any of the public moneys, so far and for what any public Treasury shall be necessary, all Sums and Payments be made, with the allowance, consent and concurrence of the Commissioners of Trust, und not otherwise; and no persons to intermeddle hereafter in the receipts of Public deuce that shall fail in the accounts for the time past. IX. That the Oppressions and Extortions of any of the Officers or others of the Army hitherto happened, and any Miscarriages in the Designs of the Army, either in Field-Service, or the render of Castles or Towns to the Enemy, may be forthwith strictly examined and punished by the Lord-Lieutenant, assisted by a Privy-Council now to be chosen, and by a Council of War now to be named. And that for the better Government of the Army, and for the Officers and others of the Army, their due information how to demean themselves hereafter, and for the People's Satisfaction also, there be Rules and Orders of War, drawn, printed and published, that may tend to the remedying in the future, of such Grievances as formerly have happened for want thereof. And for the Times past, what Oppressions or Extortions have happened in any County, the same to be represented from such Counties to his Excellency, and such Privy-Council as shall be now named; upon which Representation his Excellency and the said Council are to afford the best redress they may in the Grievances so to be represented, for the People's Satisfaction and Redress; and this to be intimated to the several Counties timely, that they may prepare their said Grievances. X. That all Custodiums, or other Acts or Orders done, or granted, whereby any the Public Revenue hath any way been diminished, be recalled by his Excellency, on the Instance of the Commissioners of Trust; and the private Persons profiting thereby, to the prejudice of the Public, to account at full, notwithstanding such Orders or Custodiums; whereby the Public Profit thereby to accrue, may admit no diminution. XI. That no Imposition or Charge be imposed on the People, by Applotment, Freequarter, or otherwise, but by the Commissioners of Trust, or with their Allowance, according to the Articles of Peace; and none to have freedom in Applotments, but all to pay with equality; and all Applotments or Impositions heretofore, since the 17th of January 1648, imposed on the People, without the Consent of the Commissioners of Trust, be put by, and due satisfaction given to the People where such Burdens have been imposed. Forasmuch as it may happen, that your Excellency hath not Power from his Majesty to determine who shall serve as Privy-Counsellors; yet it is proposed that your Excellency may now fix on a number of Select Persons, satisfactory to the People, that may supply a Trust and Management of Affairs in such ample manner, to all purposes, as Privy-Counsellors, appointed by Authority from his Majesty, were accustomed to do, and might have done in time of Peace to all purposes, and their Acts to be observed for the better management of the Public Affairs. His Excellency's Answer. I. IT it true, That the main End of Our desiring a meeting of as many of the Roman-Catholick Clergy, and of the Commissioners, as could be gotten together, during the Time We had determined to stay at Limerick, was in hope, that by their joint Advice and Assistance, Life might be conserved in this gasping Kingdom; and the only means to attain to that End, (as We told you in our Discourse made to you the 10th of March We conceived) was for you to remove such causeless Distrusts, as being maliciously infused into the People's Minds, did slacken, if not wholly withdraw their Obedience from his Majesty's Authority in Us, rendering it impossible for Us (with Honour, or hope of Success) to contend against a powerful, absolutely obeyed, and plentifully supplied Enemy, under such Domestic Disadvantages of Distrusts and Disobedience. Some Instances We have given you of the Disobediences, and of their ruinous Consequences, to which (next to God's Permission) may principally be attributed the unresisted Success of the Rebels, even since we were last at Waterford, where all our Designs (pointing first and principally at the Safety of that City) for the recovery of Passage, Carrich, and Rosse, were not only frustrated, but the Authority we managed, affronted, and our Person ungratefully put to hazard, by the instigation of a very few, that by evil Practices, and false Pretences, had gained Credit enough, among the wellmeaning People, to mistrust Us, that more than once conducted Forces to their Relief, and to trust them who purposed to build their private Safety, upon the Power they have to sacrifice the Liberties and Fortunes of their less discerning Fellow-Citizens; in answer to Our desires, to have you to employ your Endeavours to procure such Obedience to his Majesty's Authority, as might prevent the like Inconvenience in the future (whereby, and not otherwise, We may be enabled and encouraged to prosecute our Determination, to run all possible Hazards for the King's Service, and the preservation of the Nation) We received from you the abovementioned Propositions, which how far they may be conducible to that End, We know not, but do wish what We are able to do for your Satisfaction, and the Satisfaction of the People upon them, may have the Effect aimed at, and that with the speed necessary for your and their preservation. II. To the Second; We do not understand how the most of the present Distresses of the Kingdom could proceed from the want of a Privy-Council: nor (considering the State of the Kingdom, the Power entrusted with the Commissioners, their Abilities, and how freely We communicate with them Things of greatest Importance) how the framing of such a Council can advantage the Management of the War, which is now the only Matter of State. And that consisting only of Provision to be made for an Army, and the employing that Army to the best Advantage, is, or may be as well done, by the Advice and Assistance of the said Commissioners, as by any Council of State, who will have no Power to raise Men, or to provide for them, and to whom Designs upon the Enemy are no further to be communicated, than We shall think fit. And with such we shall as readily acquaint the Commissioners, and as soon be advised by them, as any other We can think of; the rather, that We know none upon whose Faith and Judgement We may more safely depend, nor that can better assist Us in any thing they shall be advised with, by reason of their Knowledge of the Ability, and Burden of the Kingdom, which We doubt (the State of most Men considered) cannot but be increased by a Privy-Council. For these Reasons we think not fit unnecessarily to presume upon doing a thing, for which We neither have Power, nor Precedent. Yet rather than there should be any thing wanting that is in Our Power to satisfy the People, let the particular Acts that Privy-Counsellors have heretofore done, and are now necessary, be instanced, and as far forth as they shall appear necessary and fit, We shall qualify Persons (free from just Exception) with such Powers. III. All this Proposition is assented unto, and as far forth as concerns Us shall be observed, and immediately put in Execution; save that if it be intended the Commissioners should give their Consent to what particular Officers should 〈…〉 We conceive that a Power wherewith they are not 〈…〉 nor fit for Us to bind Ourselves, or any other chief Governor unto. And for the not multiplying, or exceeding the Numbers to be fixed upon, but by further solemn Establishment, We consent unto it, as far as the same is agreeable to the Articles of Peace. iv To be explained what is intended by exact Weariness, or what is understood by probable Circumstances. V The too punctual Observation of this Proposition hath been of worse Consequence than the Particulars complained of have been. And we expect that if the Articles of Peace be found destructively strict in this Point, they may be dispensed with: and not only Ourselves, but whoever commands a considerable Party of the Army upon any Expedition, may have Power to Garrison any place he shall conceive necessary, without consulting any Man. VI This is to be explained as to Particulars; and then such Answer shall be given as is fit and agreeable to the Power given Us by his Majesty, and the Articles of Peace. VII. We have been always ready to comply with this Proposition, and have more than once made offer of it; witness the Commissioners; and are still ready to perform what in this Point we are obliged unto by the Articles of Peace. VIII. This Proposition is assented unto, and was never hindered by Us, save as to the disposing of Money, wherein We insist upon, and shall conform ourselves to the Articles of Peace; and could wish that others besides the Receiver General, accountable for great Sums of Money both before and since the Peace, had been or might be brought to account for the Ease of the Kingdom. IX. We are ready to do Justice unto the Country, and upon the Offenders mentioned in this Proposition, in such manner, and with such Assistance as is usual and requisite in like cases, and to that effect we desire that Particulars may be instanced. X. To be explained. XI. We acknowledge this Proposition to be pursuant to the Letter of the Articles of Peace, and that by unavoidable necessity it hath been infringed: And we affirm that in the case the Kingdom is, the strictness thereof must be dispensed with, or otherwise certain Provision made for the Army; else no Service can be done. Signed. ORMOND. Appendix XLVI. The Address of the Popish Clergy to the Lord-Lieutenant, April 30. 1650. May it please your Excellency, WE being here met upon your Lordship's Special Letters, and your Excellency being pleased to show unto Us His Majesty's Letters dated at his Court at Castle-Elizabeth in the Isle of Jersey, the 2d of February, 1649. in answer to others from your Lordship of the 24th of December last, sent unto his Majesty, by which his Majesty signifies his Pleasure, That in case of Disobedience of the People; and Contempt of his Authority in this Kingdom, your Excellency should withdraw yourself, and his Authority. We have conceived ourselves in Duty bound for your Lordship's better Information of the Inclination of this Nation, humbly to present unto you, that however your Excellency might not have met with a ready Concurrence to some Proposals made for advancing his Majesty's Service, occasioned through some Misunderstanding in some few Persons and Places; yet this Country generally, and the Nation in it, as they have already by expending their Substance in an extraordinary measure, and their Lives upon all occasions, abundantly testified their sincere and irremoveable Affections to preserve his Majesty's Rights and Interests entire unto him; so they will for the future, with the like Cheerfulness in attaining those Ends, endeavour to overcome all the Difficulties which the Enemy's Power and Success have laid in their way. And that we who are here met (and doubt not the same in general is the Sense of the Nation) will with all Care and Earnestness endeavour not only to conserve in the People such their good Inclinations; but if any Person or Place shall be refractory, or decline that Obedience which is due to his Majesty's Authority, we shall contribute our best Endeavours to reduce them, and make them conformable to the same. And although we may not undertake to remove at present the Distrusts and Jealousies the People entertain through the want of Success in Services, the Sense of their Sufferings and Apprehensions for want of Redress of their Grievances; yet we hope by the Blessing of God in the Success of his Majesty's Forces in this Kingdom, when your Excellency is pleased to apply befitting Remedies to the Pressures and Grievances of his Majesty's Subjects, to be able to remove those Apprehensions in them. And as your Excellency, by an Instrument dated at Loghreogh the 27th of March last, and presented unto you in the Name of the Roman-Catholick Prelates of this Kingdom, may observe their hearty Affections and Inclinations to be obedient unto, and cooperate with his Majesty's Authority in all the ways of his Service: So that we who are here met, omit nothing within the reach of our Endeavours, which shall tend to the same end of maintaining his Majesty's Authority over us, and his undoubted Interest in this Kingdom: And in order thereunto we humbly beseech your Excellency to appoint Commanders in the several Provinces to whom those of his Majesty's Subjects, who by the Excitements of the Clergy (ready with Alacrity to undergo that Care) shall be encouraged to take Arms, may repair for opposing the Power of the Rebels now drawing to a Body. And the better to enable them thereunto, and for the Encouragement of those they shall persuade to proceed in the Service, that a certain settled course be taken, whereby the Means to be raised in the Country for them, may be applied to their Maintenance, and not to any other use. And this is humbly desired by us here met to be immediately settled, to the end that while other matters which concern the Redress of Grievances, regulating of the Revenue, and the carrying on of the War▪ which require Time to be treated of, are in Preparation, the People may be brought to a Head to resist the Enemy, and stop their further Progress, which we are confident may be effected by the unanimous Resolution, which we find in all Men to put their Hands to the Work, and to give a signal Testimony of their Willingness to preserve themselves under his Majesty's Obedience. Thus humbly taking leave we remain (Loghreogh ult. April. 1650.) your Excellency's most humble Servants, Thomas Cashell. Dillon. Mountgarret. Netervill. Taaffe. Muskery. Ed. Lymiriciensis. Wal. de Clonfert. Fr. Hugo Duacensis. Rob. Corcagiensis & Cluanensis. Fr. Antonius Clonmacnosensis Episcopus. Upper Odessory. Athunry. Rich. Farrall. Patr. Purcell. Lucas Dillon. R. Everard. Nich. Plunket. Rob. Purcell. Geoffry Browne. Ter. O neil. Gerald Fennell. His Excellency's Answer. AFter Our hearty Commendations in Answer to your Letter of the last of April, We think fit to mind you, That upon our communicating unto you his Majesty's Letter of the second of February, we then acquainted you at large with what had passed at Waterford (which being by Us represented to his Majesty, occasioned his sending the said Letter) as also, that we found the City of Lymerick had taken Example thereby to affront and condemn his Majesty's Authority placed in Us, and from Us, by consent of the Representative of the Confederate Catholics at the Conclusion of the Peace, derived to the Commissioners. Both which you pass over with an Extenuation of those Disobediences; and by attributing them to some Misunderstandings, you seem in a manner to excuse them: whereas we had reason to expect, that (suitable to your general Professions) you would have resented the particular Deportment of those places, and proposed unto us how the Contrivers thereof might be brought to Justice, and the Places reduced to perfect Obedience; for as your Professions of Care and Earnestness to endeavour not only to conserve in the People the good Inclinations you find in them, but that if any Person or Place shall be refractory, or decline that perfect Obedience due to his Majesty's Authority, you will contribute your best Endeavours to reduce them, and make them conformable to the same, cannot be evidenced or made good by you, but by applying those your Endeavours where We give you particular undeniable Instances of Refractoriness and Disobedience; so there can no Instance thereof be more pregnant, nor (if it be persisted in) more destructive to his Majesty, and the Nation than that of Limerick▪ To the immediate reducing whereof, We therefore thought, and do now expect you would effectually apply yourselves. We are well satisfied that the Generality of the Country and Nation who have given the Proofs you mention of their sincere Affections, to preserve his Majesty's Rights entire unto him, will persevere therein, if those, upon whose Example and Advice they very much fix their Resolutions, be active and industrious to lead and exhort them thereunto. But We must withal let you know, that we cannot hope that those their good Affections and Alacrity in Defence of his Majesty, and their own Interests, can be successful, if the City of Limerick, and all other Cities and Towns be not in perfect Obedience, and immediately be put under a Military Government for Military Matters, and thereby into a Condition of Defence and Offence. Which to conceal from the People, were towards them as great a Treachery as it would be in Us a vain Rashness, without such Obedience first gained, to attempt the opposing the Strength and power of the Rebels. And therefore We must and do declare, that as the particular Refractoriness of the City of Waterford, hath more than any other humane means contributed to all the Successes of the Rebels in those parts since Our being at Waterford: And as the want of a strong Garrison in Limerick (which we long since desired might be received there, but could not prevail) hath been the greatest visible means whereby the said Rebels have with small, or no Resistance gained or destroyed the County of Limerick, and other parts adjacent: So the entire Loss of the Kingdom to his Majesty, and the Destruction of the Nation (which We have no hope to prevent but by strongly and presently garrisoning and fortifying the said City) must be imputed to the Obstinacy of that City, if it shall persist therein, and to whosoever encourages or contrives with them therein. As to these Distrusts and Jealousies of the People, occasioned (as you say) for want of Success in Services, the Sense of their Sufferings, and their Apprehensions for want of Redress of their Grievances, we answer, That both the Want of Success, and the Sense of their Sufferings, whether from the Enemy or the Soldier, cannot be so reasonably attributed to any human Cause, as to the want of garrisoning the Army in principal Towns and Cities, wherein we cannot yet prevail, ☞ nor ever could, till by the Enemies lying at one end of a Town, we were not without articling and conditioning, permitted to put such Men as We could then get in at the other end: For, for want of garrisoning the Army, and by being forced to quarter it at large, it was not possible to have them exercised, their Arms kept in Order, nor they under necessary Discipline; which when they were to be brought together, rendered them worse than so many new-raised Men, by how much they had contracted a licentious Liberty, and Habit of Rapine and Disobedience. Nor could we prevent the Fraud in Musters, or reasonably exact a strict Account from Officers, of Men so scattered, who when they should be employed upon Service, were forced (or pretending a Necessity wherein We could not disprove them) to range the Country to get in the means that should enable them to serve. As to their Apprehension for want of Redress to their Grievances, We understand not what Grievances are thereby meant, unless those delivered unto Us by the Archbishop of Tuam on the first of April▪ For other Grievances (though We long expected and desired them) We never 〈◊〉, save 〈…〉, on the 13th of March at Limerick, which for the 〈…〉 and other misbecoming Passages contained in it, was (as ●uch) disavowed by the Clergy then met. And to those given Us on the first of April, We return herewith such Answers as (considering the Generality of them) is possible for Us to give. We have already, with the Advice of the Commissioners, and (as We believe) with the Approbation of such of the Bishops as were present, appointed the Earl of Castle-Haven to command the Forces in Leinster: And in Munster with 〈…〉 We have employed Colonel David Roch to command for a necessary Expedition; besides, there always is upon the Place one general Officer that will readily receive and employ any that shall be prevailed with to take Arms as is promised: And in case We find fitting Obedience and Reception from the City of Limerick, We shall in Person be ready to receive and conduct the Forces in the said Province. In Ulster, We have, in Pursuance to the Agreement made with that Province, given Commission to the Bishop of Cl●gher, and in Connaught the Lord Marquis of Clanrickard commands the Army. We know no use to which any Money raised upon the People hath been employed, but to the Maintenance of the Forces; if you do, We shall desire to be therein informed, to the end that any past Misapplication thereof may be examined and punished, and the like prevented in future. To conclude, We seriously recommend to your Consideration the ways of procuring such Obedience to his Majesty, and his Authority in the general, and particularly from the City of Limerick, as may enable and encourage Us with Honour and Hope of Success according to Our Desire, to use Our utmost Industry, and encounter all Hazards for the Defence of this Kingdom and Nation against the Tyranny that will certainly be exercised upon them; and the unsupportable Slavery they will be subject unto, if the Rebels prevail. And so We bid you hearty farewell; from Loghreogh, May 1. 1650. Your very loving Friend ORMOND. Since the Writing hereof, We have received a Message by a Committee, and delivered by our very good Lord the Lord Viscount Taaffe, whereunto We cannot return unto you other answer than what is contained in this Letter, till We shall receive your Resolution thereupon, which we desire may be with Expedition. For the Arch-Bishops, Nobility, Bishops, the Commissioners authorized by Us in Pursuance of the Articles of Peace, and others assembled at Loghreogh. Append. XLVII. The Commissions to the Bishop of Fernes and Hugh Rochfort. NOS Commissarii Deputati a Congregatione Cleri totius Regni Hiberniae, habita in oppido James-town die sexto Augusti, anno Salutis 1650. cum Authoritate & Potestate ejusdem Congregationis ad tractanda, disponenda, expedienda & agenda quaecunque negotia, spectantia & conducentia ad Catholicae hoc in Regno Religionis, Regiorum Jurium & hujus Nationis Conservationem, prout constat ex Commissione Congregationis super hac data undecimo ejusdem Augusti 1650, reponentes especialem ac certam Fiduciam & Confidentiam in Prudentia, Fidelitate, ac Integritate dilectorum nobis▪ Illustrissimi & Reverendissimi D. Nicoali F●rensh Episcopi Fernensis, Comitis & Assistentis sacrae Capellae Pontificiae, & D. Hugonis de Rupe forti, alias Rochfort, Armigeri, constituimus, nominavimus & authorizavimus prout hisce constituimus, nominamus, & authorizamus Procuratores nostros, dictos Dominos Nicolaum & Hugonem, & quemlibet illorum junctim & seperatim, nostro & Catholicorum hujus Regni nomine ad proponendum, agendum, perficiendum ac conveniendum cum quovis Catholico Principe, Statu, Republica, Persona aut Personis quodcunque negotium aut rem, quae dictis Reverendissimo D. Nicolao & D. Hugoni, Procuratoribus nostris, aut cuivis illorum, junctim ac seperatim videbitur, seu judicabitur necessaria, expediens aut conducens ad Catholicae inter nos Religionis, Regis & Nationis Conservationem, & hisce promittimus, spondemus, ac in nos suscipimus nostro & Catholicorum Regni nomine, quod testificabimur, approbabimus, confirmabimus & praestabimus quemcunque actum, pactum aut conventionem dicti Reverendissimus D. Nicolaus & D. Hugo Procuratores nostri aut quilibet illorum aget, concludet aut determinabit virtute hujus nostrae Commissionis, Dat. Galuiae quinto Octobris anno Domini 1650. Franciscus Aladensis Episcopus, Procurator D. Joannis. Archiepiscopi Tuamensis. Fr. Thomas Archiep. Dublimensis & Hiberniae Primas. Joan. Rapotensis Episcopus, Procurator Primatis Ardmachani. Walterus Clonfertensis Episcopus, Procurator Lacghiniensis Episcopi. Fr. Antonius Episcopus Clanmacnosensis. Fr. Arthurus Dunen & Coneren. The Commission to the Bishop of Fernes, and Sir James Preston. In Dei Nomine, Amen. MEmorandum quod anno Domini 1651. die vero mensis Aprilis septimo, nos infra scripti tam nostro, quam omnium fere Procerum, Nobilium, ac Popularium Catholicorum Regni Hiberniae Nomin● & nominibus (quorum sensuum in hac parte, & consensuum certam & exploratam notitiam habemus) nominavimus, constituimus, elegimus & deputamus, omnibus, quibus possumus modo, via, jure, ac ratione Procuratores, Agentes, & negotiorum nostrorum Gestores, generales & speciales, ita ut specialitas generalitati non deroget, aut è contra, conjunctim etiam & divisim, si ita opus fuerit, in casu mortis, aut alterius inevitabilis necessitatis Reverendissimum in Christo Patrem ac Dominum D. Episcopum Fernensem, & clarissimum ac n●bilissimum D. D. Jacobum Prestonium Equitem Auratum, ut supra ad agendum, tractandum, consulendum, ac firmiter concludendum cum serenissimo Principe Carolo Duce Lotharingiae (quem in Regium Protectorem Regni Hiberniae eligimus) nostro, omniumque praefarorum nominibus ad agendum cum praefata sua Celsitudine, tam in, & super negotio princip●li. Protectionis memoratae, quam in, & de aliis articulis, propositionibus & postulatis nostris, conventis & non conventis, tale negotium quomodo concernentibus cum omnibus annexis, connexis, emergentibus, dependentibus, & aliqua ratione concernentibus; & generaliter omnia alia in praemissis agendi; & faciendi, ac si nos ipsi praesentes essemus. Et quicquid in praedictis fecerint, concluserint, tractaverint, consenserint, & convenerint, cum praefato serenissimo Duce Lotharingiae, seu cum ejus haeredibus aut assignatis suis, seu cum ejus, eorumque agentibus, legatis, procuratoribus, seu aliis quibuscunque mandatum & potestatem ad id specialem habentibus, uno vel pluribus, nos ratum, gratum & aeceptum habituros, promittimus per presentes. Et ad id nos ipsos, & Successores, Haeredes nostros, aliosque quos possumus in perpetuum obligamus. Datum sub signis & sigillis nostris anno dieque, quibus supra, & in Praesentia testium infra scriptorum. Galviae in Provincia Conaciae, & Regno Hiberniae, praesentis mansionis nostrae seu refugii loco. Fr. Thomas Archiepiscopus Dubliniensis, Hiberniae Primas. Robertus Corcagien. & Cloanen. Episcopus. Fr. Antonius Clunamacnosensis Episc. Procurator Primatis Hiberniae. Walterus Cluanfertensis & Procurator Laghlinensis. Franciscus Aladensis Episcopus. Et nos major seu praetor Galuiensis confirmamus, & nostris Suffragriis ratificamus praedictum procuratorium, et personas in eo nominatas nostros etiam procuratores, ut supra constituimus die & anno quibus supra cum infra scriptis de concilio nostro. Append. XLVIII. The Declaration and Excommunication of the Popish Clergy at Jamestown. A DECLARATION of the Archbishops, and other Prelates and Dignitaries of the Secular and Regular Clergy of the Kingdom of Ireland, against the Continuance of his Majesty's Authority in the Person of the Marquis of Ormond, Lord Lieutenant of Ireland, for the Misgovernment of the Subject, the ill Conduct of his Majesty's Army, and the Violation of the Articles of Peace. Dated at Jamestown in the Convent of the Friars Minors, August 12. 1650. THE Catholic People of Ireland in the Year 1641, forced to take up Arms for the Defence of Holy Religion, their Lives and Liberties (the Parliament of England having taken a Resolution to extinguish the Catholic Faith, and pluck up the Nation root and branch, a powerful Army being prepared, and designed to execute their black rage and cruel Intention) made a Peace, and published the same the 17th of January 1648, with James Lord Marquis of Ormond, Commissioner to that effect from his Majesty, or from his Royal Queen, and Son, Prince of Wales, now Charles TWO, hereby manifesting their Loyal Thoughts to Royal Authority. This Peace or Pacification being consented to by the Confederate Catholics, when his Majesty was in Restraint, and neither He, nor his Queen, or Prince of Wales, in condition to send any Supply or Relief to them, when also the said Confederate Catholics could have agreed with the Parliament of England upon as good or better Conditions for Religion, and the Lives, Liberties and Estates of the People, than were obtained by the above Pacification, and thereby freed themselves from the Danger of any Invasion or War to be made upon them by the Power or England, where (notwithstanding the Pacification with His Majesty) they were to dispute and fight with their and his Enemies in the three Kingdoms: Let the World judge if this be not an undeniable Argument of Loyalty. This Peace being so concluded, the Catholic Confederates ran sincerely and cheerfully under his Majesty's Authority in the Person of the said Marquis of Ormond, Lord Lieutenant of Ireland, plentifully providing vast Sums of Moneys, well nigh half a Million of English Pounds, besides several Magazines of Corn with a fair Train of Artillery, great Quantity of Powder, Match, Ammunition, with other Materials for War. After his Excellency the said Lord Lieutenant frustrating the Expectation the Nation had of his Fidelity, Gallantry, and Ability, became the Author of almost losing the whole Kingdom to God, King and Natives, which he began by violating the Peace in many Parts thereof, as may be clearly evidenced and made good to the World. I. The foresaid Catholics having furnished his Excellency with the aforesaid Sum of Money, which was sufficient to make up the Army of 15000 Foot, and 2500 Horse, agreed upon by the Peace, for the preservation of the Catholic Religion, our Sovereign's Interest, and the Nation, his Excellency gave Patents of Colonels, and other Commanders, over and above the Party under the Lord Baron of Inchiquin, to Protestants, and upon them consumed the Substance of the Kingdom, who (most of them) afterwards betrayed, or deserted us. II. That the Holds and Ports of Munster, as Cork, Youghall, Kingsale, etc. were put in the Hands of faithless Men, of the Lord of Inchiquin's Party, that betrayed the Places to the Enemy, to the utter endangering of the King's Interest in the whole Kingdom. This good Service they did his Majesty, after soaking up the Sweat and Substance of his Catholic Subjects of Munster, where it is remarkaable, that upon making the Peace, his Excellency would no way allow his Loyal Catholic Subjects of Cork, Youghall, Kingsale, and other Garrisons, to return to their own Homes or Houses. III. Catholic Commanders instanced by the Commissioners of Trust, according to the Pacification, and hereupon by his Excellency's Commission receiving their Commands in the Army, as Col. Patrick Purcel, Major General of the Army, and Col. Pierce Fitz-Gerald, alias Mac. Thomas, Commissary of the Horse, were removed without the consent of the said Commissioners, and by no demerit of the Gentlemen; and the said Places, that of Major General given to Daniel O-Neal Esq a Protestant; and that of Commissary of the Horse, to Sir William Vaughan Kt. and after the said Sir William's Death, to Sir Thomas Armstrong Kt. both Protestants. iv A Judicature, and legal way of administering Justice, promised by the Articles of Peace, was not performed; but all Process and Proceed done by Paper Petitions, and thereby private Clerks, and other corrupt Ministers enriched, the Subject ruined, and no Justice done. V The Navigation, the great Support of Ireland, quite beaten down, his Excellency disheartening the Adventures, Undertakers, and Owners, (as Capt. Antonio, and others) favouring Hollanders, and other Aliens, by reversing of Judgements legally given, and definitively concluded before his Commissioners Authority. By which depressing of Maritime Affairs, and not providing for an orderly and good Tribunal of Admiralty, we have hardly a Bottom left to transmit a Letter to his Majesty, or any other Prince. VI The Church of Cloyne in our possession at the time of making the Peace, violently taken from us by the Lord of Inchiquin, contrary to the Articles of Peace; no Justice, nor Redress was made, upon Application or Complaint. VII. That Oblations, Book-monies, Interments, and other Obventions in the Counties of Cork, Waterford, and Kerry, were taken from the Catholic Priests, and Pastors, by the Ministers, without any Redress or Restitution. VIII. That the Catholic Subjects of Munster lived in Slavery, under the Presidency of the Lord of Inchiquin; these being their Judges, that before were their Enemies, and none of the Catholic Nobility or Gentry admitted to be of the Tribunal. IX. The Conduct of the Army was improvident and unfortunate. Nothing happened in Christianity more shameful, than the Disaster of Rathmines near Dublin, where his Excellency (as it seemed to Ancient Travellers, and Men of Experience who viewed all) kept rather a Mart of Wares, a Tribunal of Plead, or a great Inn of Play, Drinking and Pleasure, than a well-ordered Camp of Soldiers. Drogheda unrelieved, was lost by Storm, with much Bloodshed, and the loss of the Flower of Leinster. We●ford lost much by the unskilfulness of a Governor, a young Man, vain and unadvised. Ross given up (and that by his Excellency's Order) without any Dispute, by Col. Luke Taaffe, having within near upon 2500 Soldiers, desirous to fight. After that the Enemy made a Bridge over the River of Ross, (a Wonder to all Men, and understood by no Man) without any Let or Interruption, our Forces being within seven or eight Miles to the Place, wherein 200 Musqueteers at Rossberkine, being timely ordered, had interrupted this stupendious Bridge, and made the Enemy weary of the Town. Carrig being betrayed by the Protestant Ward there, our Army afterwards appearing before the Place, the Soldiers were commanded to fight against the Walls, and Armed Men, without great Guns, Ladders, Petards, Shovels, Spades, Pickaxes, or other Necessaries, there being killed upon the place above 500 Soldiers, valiantly fight, yet near Thomas-Town, our Soldiers being of tried Foot, two to one, and well resolved, were forbidden to fight in the open Field, having advantage of Ground against the Enemy, to the utter disheartening of the Soldiers and People. After this the Enemy came like a Deluge upon Calan, Feathard, Cashell, Kilmallock, and other Corporations within the Provinces of Leinster and Munster, and the Country about rendered Tributary. Then followed the taking of Laghlin and Kilkenny; then that of clonmel, where the Enemy met with Gallantry, Loss and Resistance. Lastly, Tecrohan and Catherlough, two great Pillars of Leinster shaken down; that of Tecrohan (to speak nothing for the present of all other Places) was given up by Orders. Waterford blocked up, is in a sad Condition: Duncannon, the Key of the Kingdom, unrelieved since the first of December, is like to be given up and lost. X. That the Prelates, after the numerous Congregation at Cloanmacnoise, (where they made Declarations for the King's great advantage, after printed) and after many other laborious Meetings and Consultations, with the Expressions of their sincerity and earnestness, were not allowed by his Excellency, to have employed their Power, and best diligence towards advancing the King's Interest, but rather suspected, and blamed, as may appear by his own Letter to the Prelates then at James-Town, written Aug. 2. And words were heard to fall from him dangerous, as to the Persons of some Prelates. XI. That his Excellency represented to his Majesty some parts of this Kingdom disobedient, which absolutely deny any such disobedience by them committed, and thereby procured from his Majesty a Letter to withdraw his own Person, and the Royal Authority, if such Disobediences were multiplied, and to leave the People without the benefit of the Peace. This was the Reward his Excellency (out of his Envy to a Catholic Loyal Nation) prepared for our Loyalty and Obedience, sealed by the shedding of our Blood, and the loss of our Substance. XII. That his Excellency, and the Lord of Inchiquin, when Enemies to the Catholics, being very active in unnatural Executions against us, and shedding the Blood of poor Priests and Churchmen, have showed little of Action since this Peace, but for many Months kept themselves in Connaught and Thomond, where no Danger, or the Enemy appeared, spending their time (as most Men observed) in Play, Pleasure, and great Merriment, while the other parts of the Kingdom were bleeding under the Sword of the Enemy. This was no great Argument of Sense or Grief in them, to see a Kingdom lost to his Majesty. XIII. That his Excellency, when prospering, put no Trust of Places taken in, into the Hands of Catholics, as that of Drogheda, Dundalk, Trim, etc. And by this his Diffidence in Catholics, and by other his Actions and Expressions, the Catholic Army had no Heart to ●ight, or to be under his Command; and feared greatly (if he had mastered the Enemy) and with them the Commissioners of Trust, or the greater part of them; and many thousands of the Kingdom also feared he would have brought the Catholic Subjects, and their Religion, to the old Slavery. XIV. We will not speak of many Corruptions and Abuses, as passing of a Custodium upon the Abbey of Killbegain (worth in past Years to the Confederates well nigh 400 l. per Annum) to Secretary Lane for 40 l. (or thereabouts) per Annum, nor of many other such like to Daniel O Neil, and others, at an undervalue to the great Prejudice of the Public. XV. We do also notify to the Catholics of the Kingdom most of the above Grievances, and Breaches of the Peace, being delivered to the Commissioners of Trust in February last, that the Clergy and Laity receiving Redress or Justice, the Discontent of the Subject might be removed, no Amendment appeared after eight Months effluxed, but the Evil still continued, that occasioned the Ruin of the Nation. And we also protest to the whole World, having done our best, we have no Power to remove the Jealousies and Fears of the People. Besides the above Injuries, and Violation of the Articles of the Peace, against Religion, the King's Interest and the Nation, nothing appearing before the Eyes of the People but Desolation, Waste, Burning, and the Destruction of the Kingdom; three parts of four thereof being come under Contribution to the Enemy, Cities, Towns and strong Holds taken from them, Altars pulled down, Churches lost, Priests killed and banished, Sacraments and Sacrifices, and all things holy, profaned, and almost utterly extinguished, Armies and great numbers of Soldiers by them maintained, and the Enemy not fought withal; those that would fight for them born down, and those that would betray them cherished and advanced; finally, no visible Army or Defence appearing, they are come to despair of recovering what is lost, or defending what they hold, and some inclining for safety of their Lives and Estates, do compound with the Parliament, persuading themselves no Safety can be to any living under the Government of the LORD LIEUTENANT, attended by Fate and Disaster. For prevention of these Evils, and that the Kingdom may not be utterly lost to his Majesty and his Catholic Subjects, this Congregation of Archbishops, Bishops, and other Prelates and Dignitaries of both Clergies of this Kingdom, found ourselves bound in Conscience (after great Deliberation) to declare against the continuance of his Majesty's Authority in the Person of the said Lord Marquis of Ormond (premitting this Protestation to the World, ☞ that we had never come to such Declaration, but that we and the People of this Kingdom generally despair of the Kingdom's Recovery under his Government) as hereby we do declare (as well in our own Names and behalf, as in the Names and behalf of the rest of the Catholics of this Kingdom) against him the said Marquis of Ormond, having by his Misgovernment, ill Conduct of his Majesy's Army, and the Breach of Public Faith with the People in several particulars of the Articles of the Peace, rendered himself uncapable of continuing that great Trust any longer, being questionable before his Majesy for the said Injuries and ill Government; to which effect we will join with other Members of this Kingdom in drawing a Charge against him; and we do hereby manifest to the People, they are no longer obliged to obey the Orders and Commands of the said Lord Marquis of Ormond, but are (until a general Assembly of the Nation can be conveniently called together) unanimously to serve against the common Enemy for the Defence of the Catholic Religion, his Majesty's Interest, their Liberties, ☞ Lives and Fortunes, in pursuance of the Oath of Association, and to observe and obey in the mean time the Form of Government, the said Congregation shall prescribe, until it be otherwise ordered by an Assembly, or until upon application to his Majesty, he settle the same otherise. And we do fulminate the annexed Excommunication of one Date with this Declaration against all the Opposers of the same Declaration. All the good Christians and Catholics that shall read this our said Declaration, forced from us by the Affliction and Disaster of distressed Ireland, be pleased to know, that we well understand the present Condition of this Nation is more inclining to Ruin and Despair than Recovery; yet will we rely upon the Mercy of God, who can and will take off from us the heavy Judgement of his Anger, War, and Plague, if we shall amend our wicked Lives, and lean, like little ones, upon the Arms of his Mercy; as we cry to him for Remedy, let us confess with Tears our Sins, saying with the Prophet Isaiah, C●cidimus quasi folium universi & iniquitates nostrae, quasi ventus, abstulerunt nos; non est qui invocet nomen taum Domine, non est qui consurgat & teneat te, abscondisti faciem tuam à nobis; allisisti nos in manu iniquitatis nostrae. This Language from the Heart will reconcile Heaven to us; Et quiescat ira Dei, & erit placabilis super ne●uitia popul● sui. Though this Nobleman hath left us nothing but Weakness and Want, and Desolation, and that the Enemy is rich, strong, and powerful, God is stronger and can help us, and for his own Namesake will deliver us. Dominus Eliae, the God of Wonders and Miracles, erit etiam nunc apud Hibernos, if our Faith prove strong, and our Actions sound and sincere. We will conclude with St. Paul, that Ocean of Wisdom, and Doctor of Nations; Si Deus pro nobis, quis contra nos? quis accusabit adversus electos Dei? Deus est qui justificat, quis est qui condemnat? quis ergo nos separabit à charitate Christi? Tribulatio? an Angustia? an Fame's? an Nuditas? an Periculum? an Persecutio? an Gladius? sed in his omnibus superamus propter ●um qui dilexit nos. Let nothing separate you from that burning Charity of Christianity, and God will ever preserve, protect and bless you. H. Ardmacan. Jo. Archi●p. Tuam. Jo. Rapotens. Eugen. Killmor. Fran. Aladen. Nic. Fermen. & Procurator Dublin. Fr. Anton. Clonmacnocens. Walt. Clonfert. & Procurator Leighlinens. Fr. Artur. Dunens'. & Connor. & Procurator Dromorens. Fr. Hugo Duacensis. Fr. Gul. de Burgo Provincialis Hiberniae Ordinis pr●●dicat. Jac. Abbas de Conga & Comiss. generalis Canon. Reg. S. Aug. Fr. Thom. Keran Abbas de Duellio. Carol. Kelly S. Theologiae Doctor & Decan Tuam. Fr. Bernard Egan Procurator R. admodum P. Provincial fratrum minorum. Fr. Ricar. O Kelly Procur. Vic. Generalis Kildare & Prior Rathbran. Ord. predicat. 'thad. Eganus. S. Th. D. praepos. Tuam. Luc. Plunket S. Th. D. Proton. Apostolicus Rector Collegii de Kellecu exercitus Lageni● Capellan major, Jo. Doulaeus juris Doc. Abbas de Kilmanach & unus ex procuratoribus Capit. & Cler. Tuam, Gual. Enos S. T. D. Protonot. Apostolicus The●aur. Fernen. & procurator prepositi Ecclesiae Collegia●ae Galviensis. And we the under-named sitting at Galloway, with the Committee authorized by the Congregation held at James-Town, 6. Augusti currentis, do concur with the above Archbishops, Bishops, and other Prelates and Dignitaries in the above Declaration; and withal do now make firm the same, as an Act of our own, by our several Subscriptions this 23d of August, 1650. Thomas. Cashell. J. Laonen. Episcopus. Edmun. Limiricen. Rob. Corcag. & Cluan. Fr. Teren. Immol●cen. Jac. Fallon. Vic. Apostolicus Acaden. The Excommunication mentioned in the above Declaration. WHereas we the underwritten Archbishops, Bishops, and other Prelates, and Dignitaries, sitting in this our present Congregation at James-Town, with the Consent and Approbation of the rest, through the Dangers of these distracted Times now absent, upon the said deplorable Condition of this Kingdom, brought unto the last ebb, that may be imagined; and after sad and serious Consultations had of the desperate Affairs thereof, seeing no other human way possible to put some Life into this sad gasping Kingdom, but by our Counsels, Co-operation and Industry, as is the common Sense of all our Folks, who look upon us as their only Sanctuary and Relief against the Dangers hover on them, menacing no less than the total Ruin of our Nation; judging ourselves thereunto obliged by the Laws of God and Nature, and by our Pastoral Charge, and in pursuance of an OATH solemnly taken by all the Prelates, ☜ Noblemen and Gentlemen that were of the Grand Committee upon concluding the Peace, in case of not performing the Articles thereof, to continue the Association and Union of the Confederate Catholics, and to do all Acts preservative of the same; by virtue of which Oath, the Prelates so sworn, are authorized and bound to renew and maintain the said Union and Association, therefore we have endeavoured to apply to those extreme Maladies, the best Salves and Remedies to us now appearing, and consequently therefore issued our Declaration. Yet fearing (as God forbidden) that any irrational, perverse, or misled Person might give any Rubs and Disobedience to our said Declaration, we have unanimously, consented and assented to draw out and unsheathe the most fearful Sword of Excommunication, as we do by these Presents against all such wicked Imps of Satan in manner and form as followeth. BY virtue of the Power given us by our Saviour Jesus Christ, and by his holy Catholic Roman Church, and See Apostolic, as Pastors, and Fathers of your Souls, having first invoked the Grace of the Holy Spirit of God, and having his Fear before our Eyes, so that we aim at nothing but his Honour and Glory, the Exaltation of his true Faith, and the preservation of his forlorn Kingdom, with his Majesty's Interest therein; after mature Deliberation, and sitting together, we have and do by these Presents Anathematise, and Excomunicate, with the Major Excommunication, ipso facto, to be incurred, without expecting any further Sentence. And we do hereby separate from the Body and Communication of the Faithful, and deliver unto the Power of Satan, any Person or Persons, of what Quality or Pre-eminence soever, that will presume by Words, Writing, force of Arms, privately or publicly by themselves, or others, to oppose or disobey our present Declaration, or any part thereof. We do likewise Excommunicate, as above, all the Advisers, Relievers, Abetters, and Furtherers of those that will, directly, or indirectly, infringe, violate, or countervene our present Sentence or Declaration. Furthermore; We do Excommunicate and Anathematise all our Unnatural Patriots, and others of our Flocks, that will adhere to the Common Enemy of God, King, and Country; or will any ways help, assist, abet, or favour them, by bearing Arms for or with them, or otherwise contributing to them, without urgent Necessity. Further, in pursuance of our said Declaration, We do Excommunicate, as above, all those that will side, and adhere to the Lord Marquis of Ormond against our said Declaration, by bearing Arms for him, ☞ or his Party, by giving him any Subsidy, Contribution, Monies or Intelligence; or in any way strengthening, securing, advising, or helping him, or obeying his Commands, against us, or our right Intentions herein. We do likewise suspend respectively, ab officio & beneficio, voce activa & passiva, gratiis, indultis & privilegiis quibuscunque, all and singular Ecclesiastical Persons, Dignitaries, Pastors, Priests, Chaplains, either of the Army, or private Families, Regular and Secular, and all other Ecclesiastical Persons whatsoever, that will give Counsel or Advice against, hindrance or opposition to, our said Sentence or Declaration. And for further strengthening of these our Act and Acts, Sentence and Result, we do hereby reserve the Absolution from the above●Excommunication and Censures to ourselves, or to others that will be particularly authorized by us. Finally; We command respectively, as aforesaid, sub iisdem Penis & Censuris, all our under-Pastors, Parish-Priests, Religious Convents, and other Commonalties, that, inter missarum Solemnia, or in public Places and Sermons, they publish this our present Declaration and Sentence of Excommunication and Suspension, when and wheresoever they will be required so to do. Given at James-Town, under our Hand, Aug. 12. 1650. Signed by H. Armacan. and all the rest beforementioned. And we the under-named, sitting at Galloway with the Commissioners, authorized by the Congregation held at James-Town, Sexto Augusti currentis, do concur with the above-Sentence of Excommunication and Censures, and withal do now make, and firm the same, as an Act of our own, by our several Subscriptions, Aug. 23. 1650. Thomas Cashell. Jo. Laonen. Episcopus. Edmun. Limericen. Rob. Corgan& Cluan. Fr. Terent. Immolacen. Jac. Fallonus Vic. ApostolicusAcaden, Fr. Petrus. Tiernanus Proc. Ministri Provincialis Fratrum Minorum. The Marquis of Ormond's Answer to the Declaration and Excommunication of the Popish Prelates at James-Town, sent to the Assembly at Loghreagh, the second day of October, 1650. THAT in the Title of their Declaration, they assume unto themselves a Power to declare against the continuance of his Majesty's Authority where he hath placed it, needs no further Proof than the reading of it. But whence they derive their Pretence to this Power, we find not any where expressed; nor by whom they are constituted Judges of the Misgovernment of the People, the ill Conduct of his Majesty's Army, or of the Violation of the Articles of Peace. For the misgovernment of the People, and ill Conduct of his Majesty's Army, we acknowledge no earthly competent Judge of Us, but his Majesty and the established Laws. And for the violation of the Articles of Peace, by the Consent even of all those Bishops, (unless there be gotten amongst them some that opposed the Peace, and joined with those that assisted the English Rebels, as long as they could give them hire) the Trust of looking to the observance of the Articles of Peace was reposed by the General Assembly, with whom the Peace was concluded, in Thomas Lord Viscount Dillon, and the rest of the Commissioners of Trust, as appears by the said Articles. Whereby we suppose it is clear, that as the Bishops have arrogated to themselves an Unwarranted Power to declare against the continuance of his Majesty's Authority where he hath placed it, and to be our Judges in the Government of the People, and Conduct of the Army, (wherein we doubt whether their Skill be answerable to their desire to try it); so have they as unwarrantably taken upon them to judge what is, or is not, a Violation of the Articles of Peace: And in all they have endeavoured to invade and usurp both upon King and People; bereaving the one of Royalty, and the other of Freedom. Now supposing they were the Monarches they would be, let the Grounds of their Excommunication, set forth in all that we have seen, be duly examined, and it will be found that their Sentence is most unjust. So that as their Tribunal is usurped, their Judgement is Erroneous. And as to the Preamble. Concerning their Motives of taking up Arms in the Year 1641, The Answer to the Preamble. we shall say nothing. But since they begin so high with their Narrative as the Year 1641, it will not be amiss to mind them, that betwixt that and the Year 1648, there was, by Authority from his Majesty, and our Ministration, several Cessations, and at length a Peace concluded with the Confederate roman-catholics, in the Year 1646; which Peace was shamefully and perfidiously violated, by the Instigation and Contrivement of most part of these Arch-Bishops, Bishops, Prelates, and others of the Secular and Regular Clergy; and that not in slight and strained Particulars, such as We are now charged with by them; but by coming with two powerful Armies before the City of Dublin, upon no provocation from Us, unless they esteemed the continuance of a Cessation for about three Years with them, and the bringing them a Peace to their own Doors, such a Provocation as deserved their bending their united Power against Us, leaving other Parts, that neither had, nor would have Peace or Cessation with them unmolested, and at liberty to waste their Quarters, whilst they devoured Ours, and sought our Ruin. This is a particular blotting their Name and Memory with the everlasting Infamy of Perfidy, Ingratitude, and undeniable Disloyalty: They have reason to leap over their Preamble, lest they should awaken the Curses of those Multitudes of People, who being seduced into so horrid a Violation of Public Faith, by their impious Allurements, and hellish Excommunications, are thereby become desolate Widows, helpless Orphans, and miserable Exiles, from the Place of their Birth and Sustenance. True it is, that his late Majesty, and his now Majesty, than Prince of Wales, overcoming their just Indignation, with a pious compassion of their seduced People, commanded Us over to treat and conclude a Peace with the roman-catholics of this Kingdom. In obedience whereunto (and in humble imitation of their great Example, forgetting the ungrateful usage We had met with) We undertook the hazard of that Voyage, and at length concluded the Peace in this Preamble mentioned. We are unwilling to say any thing that might seem to lessen the Loyalty and Affection of the Assembly that concluded the Peace: Nor is it to that End that We shall answer to those Men, that though his then Majesty was in restraint, and his now Majesty, and his Royal Mother, not in condition to send Supplies and Relief into this Kingdom; yet there wanted not apparent Motives of Advantage to induce the roman-catholics to consent to the Peace; which was thankfully acknowledged by a more Authentic Representative of the Nation, than these Arch-Bishops, Bishops, etc. and even by as many of them as really, or from the Teeth outward (for such we find now there were) that consented to it. Upon what Conditions the Confederate roman-catholics could have agreed with those in this Declaration, called the Parliament of England, we know not, nor do believe they are able to prove their Assertions, if they be put to it. Though if it should appear, it were not to be wondered at, that Usurpers (and such as make almost as little Conscience of breaking Public Faith as these Declarers) are more liberal in the Dispensation of their unlawful Acquirings by way of Brokeage, than a just Monarch, whose Purpose it is to keep, as well as it is in his Power only to grant Conditions to a People in the State the said Confederates were in. Next in their Preamble, they say, That after the concluding of the Peace, the Catholic Confederates came sincerely and cheerfully under his Majesty's Authority in Us, plentifully providing vast Sums of Money, well nigh half a Million of English Pounds. By which they seem to insinuate, first, That all the Roman Catholics of Ireland came thus cheerfully under his Majesty's Authority, whereas Omen O Neil, with his whole Army, and divers of the County of Wickloe with others, were, and continued in Rebellion long after the Conclusion of the Peace; as is well known to many of the Declarers, who were of their party; as also that our first Work was to reduce places held by them lying in our way to Dublin, as Mariburough-Athy, etc. They mention next after, their providing plentifully vast Sums of Money, adding also these Words, viz. near half a Million of English Pounds, to have it believed we were set forth with such a Sum, and all the following Provisions of Corn and Ammunition: though it is notoriously known, that for all the half Million of English Pounds, the Army we had brought together could not march from about ●loghgregan, till upon our private Credit we had borrowed eight hundred English Pounds of Sir James Preston, which is yet owing him, and for which we have lately written to you to see him satisfied; by means whereof, and of a little Meal, not yet paid for neither, as we believe, we took in Tal●olstown, Castle-Talbot and Kildare. But there our Money and Meal failing us, and having borrowed about one hundred Pounds from twenty several Officers to give the Soldier's Sustenance, we were forced to stay on the Westside of the Liffy, and thereby lost an Opportunity of engaging Jones, who with a much less Force than ours was drawn forth of Dublin as far as Johnstown. And in what continual Want the Army was, from our setting forth, even to the Defeat at Rathmines, being about three Months, is so notoriously known (having during all that time, been very meanly supplied in Money, and that in small inconsiderable Sums, as by the Receiver-General's Accounts may appear): that if we be to be blamed, it is for undertaking an Expedition so meanly provided, and which we can only answer with the Necessity of attempting Dublin and those parts, before they should receive Supplies out of England, and upon Discovery destroy such as were faithful to his Majesty, and importuned us daily to advance. For Magazines of Corn, Ammunition, and Materials for War, the Stores we found so inconsiderably furnished, or rather so absolutely unfurnished, that till we with the Assistance of the Commissioners, procured some Supply thereof in Waterford, Limerick and Kilkenny, it was not possible for us either to reduce the Fort of Mariburough and Athy, held by Owen O Neil's party, nor to march, as we did, towards Dublin. And for Ammunition, we were forced to bargain with Patrick Archer, and other Merchants, for a Supply thereof, engaging the King's Customs and Tenths of Prizes, else that want of Ammunition had absolutely hindered our March; nor is the said Archer yet satisfied for his Ammunition. The Truth of this is referred to the Knowledge of many a Viz. Loghreagh. there met, who can witness with us herein, and in many other Distresses and Difficulties we met with for want of Money, which we cannot call to mind. How much of this half Million of Pounds hath come in, in Money, or been disposed of by Warrant from us, we leave to be cleared by the Receiver-General's Accounts. But we are confident it will not amount to the tenth part of half a Million of Pounds. In the next Place they say, We have frustrated the Opinion of the Nation held of our Fidelity, Gallantry, and Abilities, and become the Author of losing the whole Kingdom, to God, King, and Nation. If the Nation held a greater Opinion of our Gallantry and Ability than there was cause for it, we are sorry we came short of their Expectation. But whatever it pleased God to bestow on us in those Gifts, we faithfully employed it in the Cause we undertook, and have not at all failed their Expectation in point of Fidelity: Nor are we therein the Author of losing the Kingdom to God, King, and Nation, as these Declarers have Rhetorically expressed themselves. How they make good the last Assertion of their Preamble (viz.) That we began the Loss of the Kingdom by violating the Articles of Peace, is next to be considered. How We have been furnished with the aforesaid Sum of about half a Million of Pounds, The Answer to the first Article. We have told you in Our Answer to the Preamble. If they urge Our giving Commissions, which they call Patents, to Protestant Officers, as a Breach of the Articles of Peace, and had purposed to have made it good, they should have set down the Article violated by it. But they have been so used to have Credit given to their Words upon Trust, that whether what they say be true or false, they are sure it will do their Work; and That, and not Truth is the thing they aim at. We confess to have given Commissions to many Protestant Officers, and that they and their Men were provided for, as others of their respective Conditions. And we do affirm that for their Fidelity, Gallantry and Ability they deserved their Commissions and Pay, full as well as any other of their respective Conditions. And it is not true, that they, or the most of them, or any of them, that we gave Commissions to, did betray any Person under their Command, or ever deserted Us, or the Cause we undertook. True it is, that We finding the Desire and Design of many of the People, set on by the Declarers, was to starve, or otherwise destroy and break the Remain of the Protestant Party that came to Us; for these, and other Reasons hereafter to be expressed, ☞ We permitted them in June or July last, to make their Conditions with the Enemy, and so sent them away. But that any one Place was betrayed by any of those Protestants, cannot be instanced; nor that any more than about three of them▪ (whereof one was a Major, and the other two Lieutenants) ever went away without Our Licence. How many of them died valiantly, doing their Duty, or that were creully put to Death by the Enemy, there are many amongst you that know. It is very well known, The Answer to the second Article. that we put not the Holds or Ports in Munster into the Hands of any, but left them in the Hands We found them, as we had good reason to do, those Persons, without Capitulation, having received Us as his Majesty's Lieutenant: And if any of them have betrayed those Places (as we conceive the Governors of Cork, Kingsale and Youghall did not, but were by others betrayed) We are not reasonably chargeable with their Treachery: And we believe they soaked as much of the Sweat and Substance of Munster, and were as chargeable to that Province before as after the Peace. Nor is it strange if they would not agree to a Peace, that must have let in those that had been of a contrary Party, to be Masters of the Holds they had before the Peace, upon any occasion of their drawing forth, till a full Settlement by Parliament, till when the Confederate Roman Catholics were to hold the Towns possessed by them, but Provision was made that such as were not admitted to re-inhabit the Towns (for we understood divers were▪) ☜ were to have the full benefit of their Houses and Estates in the said Towns or Garrisons. So that what is remarkable, in that in making the Peace, we would not allow the return of those of Cork, Youghall and Kingsale to their Houses, we see not, more than that, as without they were debarred from it for a time, neither the Army under the Command of the Lord Inchiquin, nor the then Inhabitants of the Towns, would be drawn to submit to the Peace; so the Assembly being convinced thereof, and of the great Danger it might bring upon the Kingdom to have them oppose the Peace, consented to the Articles, as it is expressed in the Book of the Articles of Peace. But that which these Declarers would indeed have marked and collected out of their dark Note, is, that by this means these Towns were perhaps purposely given up by us to the Rebels: For as they have infected the People, they know them so ready to make the worst Construction of all Events, that they need not speak plainly to them. To this we have fully answered in our Answer to the second Article of the pretended Grievances, The Answer to the third Article. except the particular of Daniel O Neile, who was not named in the said Article; and for your clearer Satisfaction we shall recite that Answer as followeth. Whoever looks upon the Articles of Peace recited in this Section, This was an Answer to the second Article of the Grievances. and upon the Composure of the Army ever since the Peace, will find that we have done much more for the Satisfaction of this Nation, than we were obliged unto: For whereas if we had upon perfection of the Articles of Peace, conferred two places of Command, Honour, Profit and Trust in his Majesty's whole Army in this Kingdom, upon any two of the Roman Catholic Subjects of this Kingdom, we had without Controversy fulfilled the literal Obligation that was upon us as to the point of Instances: And if we had not divided the places equally betwixt Protestant and Roman Catholic, we had performed the Articles to the Roman Catholics in the most favourable Construction they could bear; yet was the General of the Horse, the Master of the Ordnance, the Major-General, the Lieutenant-General of the Horse, and (for a good while) the Commissary-General of the Horse, the Muster-Master General, the Commissary-General of the Victuals, and the Quartermaster Generals both of Horse and Foot, all of his Majesty's Roman Catholics of this Kingdom: Places, certainly, as they are more than two parts of three of the general places of an Army, so are they of Honour, Profit and Trust, and most of these were conferred on such as were instanced unto us by the Assembly that concluded the Peace with us, though that by the Articles there was not so much as a Power to instance either in the Assembly or Commissioners. To save time, we omit to mention the many Colonels and inferior Officers of the Roman Catholic Religion, we gave Commission unto, though these be all Places of Honour, Profit, and Trust. But it is considerable in this Particular, that in the Army of Connaught (which under the Conduct of the Lord Marquis of Clanrickard, commanding as General, reduced the whole Province) there was not one Protestant Officer that we remember. And now we leave it to any reasonable Person to judge, whether Commands have not more than indifferently been conferred on Roman Catholics? and whether we are justly charged with the breach of this Article (which provides not that no Roman Catholic once in Command shall not be removed) if (for the Union of an Army the Uniformity of Command in the general Officers, according to their degrees over the whole Army, and the more cheerful Conjunction of all Parties in the Service) we did, by the Advice of some of the Commissioners of Trust, and of the principal Officers of the Army, persuade Colonel Peirce Fitz-Gerrald voluntarily to resign that place to Sir William Vaughan, when at the same time Colonel John Barry, a Roman Catholic, was made Lieutenant-General of the Horse, and had Command over and before the said Sir William (that was placed in Colonel Fitz-Gerrald's room) who by his good Conduct and impartial Distribution of Orders, had gained the general Love and Esteem of the Army, and at Rathmines died nobly in the head of his Charge. We understand not how Major-General Purcell comes to be instanced as one displaced. Sure we are there was no ground for it when this Collection was made; neither is▪ there yet any other than his voluntary declining the Execution of his place, to satisfy the unreasonable and unconstant Humours of some that are never long pleased with any Government. As to the instance of the Fort of Duncannon, it is not true that ever Capt. Roch was removed from thence, but to his dying day continued Governor there: True it is; that upon receipt of certain Letters from him to us and the Earl of Castlehaven, ☞ implying that he was ready (upon the first approach of the Rebels) to give up that important Fort, we commanded thither Colonel Edward Wogan with a Company of Gentlemen. By which means only (under God) it was preserved; as might be more evident, but that we spare to say more of that deceased Gentleman. But that there was no purpose to remove him, is clear by this, that as soon as the Rebels had (principally by the Courage of those Gentlemen) removed their Siege, the said Gentlemen were removed, and Roch left in the sole Command. Whether his Majesty's whole Army in this Kingdom did consist of so many as was promised in the Articles, we leave to be cleared by the Muster-Rolls, whereby we believe it will appear, that in all places it consisted of much more: But if it did not, that is not to be imputed unto us as a breach of the Articles, since we were ready to have enlarged it upon the desire of the Commissioners. But that of the Army of Foot, the much greater part was composed of Protestant Officers, is so far from Truth, that we are confident the Protestant Officers were not by a third part so many as the Roman Catholics, though we find no proportion between Protestant and Roman Catholic Officers prescribed by the Articles, but that we were at liberty to raise and levy as many of that Profession as we thought fit. What is intended by the Communication of Countenance, or how pertinently we are directed to the meaning of it by the Marginal Note of Baggatrath, we understand not; if the meaning be, that the Roman-Catholick Officers were against the manning of Baggatrath, and that yet it was manned, that is not true; for the manning of it was unanimously agreed on, if it should be thought fit by the Officers that went to look upon it, who were all roman-catholics, according to whose Opinion it was manned. That there was inequality of Pay, either in Field or Garrison, and Complaint thereof made unto Us without Redress, as far as We had Power, is as untrue: And for the Marginal Note of the Catholics having but seven week's Pay, We neither knew when, or where it was, or who had more. The manner of Daniel O-Neil's coming into Command, was thus; As He had taken great pains in bringing his Uncle, General Owen O-Neil, to submit to the Peace, and his Majesty's Government; so did he effectually labour, after that Work was effected, to bring the Ulster Army to our Assistance, when Cromwell was on his march from Dublin towards Wexford. Owen O-Neil being sick, the Army was conducted by Lieut. Gen. farrel, and Major Gen. Hugh O-Neil; but when it joined with the Leinster, Munster, and Connaught Forces, and some English and Scotish Horse and Foot, we found great difficulty how to distribute Orders with satisfaction to all those Parties; the Ulster Party being unwilling to receive them by Major Gen. Purcell, and the rest were as unwilling to receive them by Major General Hugh O-Neil. But all Parties were content to receive them from Daniel O-Neil, and by him they were distributed; and Major Gen. Purcell was sent into Munster, where he had, and exercised a Command in Chief in the absence of Superior Officers; nor was his Commission annulled, or a new one of his place given to any other to this day. So that if the displaceing of him, or any other Officer, without the Consent of the Commissioners, had been a Breach of the Articles of Peace, as it is not, there is no Truth in the Affirmation that he was displaced. For Answer to the Fourth Article, Answer to the 4th Article, is the same that was given to the 3d Article of Grievances. we must refer you to our Answer to the Third Article of the pretended Grievances, as followeth. By the Articles of Peace, Judicatures were to be raised, and Judges named by the Advice, and with the Consent of the Commissioners. For which purpose We sent to his Majesty for leave to make and use a Great Seal; which as soon as we had received, We caused a Great Seal to be made, and were at all times ready to have agreed with the Commissioners what kind of Judicatures to raise, and with what Persons to have supplied them; as will not be denied by the said Commissioners: Which may suffice for Us to answer to that particular. We acknowledge, that according to the necessary Power at all times invested in the chief Governor, or Governors of this Kingdom, We have received many Petitions, and (to the best of our Understanding) have made just and equal Orders and References upon them; and have also (upon Certificate of the ablest Men we could find) finally determined some of them, but never to the alteration of Possession, unless perhaps upon clear proof of forcible Intrusions by Violence, contrary to all the Rules of Law and Reason. Which if We had not done, during the want of Judicatures, every Man's Power would have been his Judge in his own Cause. What the Presidency or Precedent have done irregularly or contrary to the Articles of Peace, they shall be brought to answer, when they or he shall be particularly charged. That Inns of Court have not been erected according to the Articles of Peace, Posterity may tell us as loud as they please; but if they have Schools to learn English enough to read the Articles of Peace, they will find that his Majesty was only to enable the Natives of this Kingdom to erect one or more Inns of Court, in or near the City of Dublin, or elsewhere, as should be thought fit by his Majesty's Lord-Lieutenant, or other chief Governor, or Governors, for the time being. Whereby (by the scope of the Article, which is for removing of Incapacities) it is plain, the said Inns of Court were not to be erected at his Majesty's Charge. And sure no Man will have the impudence to say, that We (who had the honour to govern under his Majesty) did give the least interruption to the erecting of them; or, that it was ever proposed to Us to give way to the erection of the said Inns. Whereof We confess there was never more need, if their Property be to instruct the People in their Duty of Obedience and Government; with this addition, That to charge Us with want of doing Justice, without instancing the particular Cases wherein We failed, thereby taking from Us the means to vindicate ourselves from so high a Crime, is suitable to the Justice and Practices of these Declarers. In the Fifth Article, The Answer to the 5th Article. We are again charged in general with disheartening Adventurers, Undertakers, and Owners, and no Man named but Capt. Antonio; nor the particular wherein he was disheartened set down. We are further charged with reversing of Judgements legally given, and definitively concluded before Our coming to Authority; but no particular Judgement so reversed is, or indeed can be instanced. So that all We can answer to this part is, That it is not true. And for what remains, We say, That We placed the Power of the Admiralty in this Kingdom, according to the Assemblies Instance, and from time to time gave Commissions to such Persons as the Commissioners desired in several Parts to hear and determine Maritime Causes. And as to the Sixth Article, The Answer to the 6th Article, is the same with the Answer to the first of the Grievances. We must refer you to our Answer to the First Article of the pretended Grievances, which was as followeth. First, We deny that they (if thereby be meant the Roman-Catholick Clergy) were not suffered to enjoy the Churches, and Church-living, which at the time of perfecting the Articles of Peace they possessed, or that by the Articles of Peace they ought to possess. And as to the Instances made in the Margin, the Composers of this Article do very well know, that their Possession of those Churches and Church-living were stately denied by the Protestant-Clergy. And it is very well known to the Commissioners, who followed that Business with diligence and earnestness enough, that We never refused nor delayed to afford them any just means of bringing that Controversy to a final End, till at length by Treachery, and the Rebel's Power, the things controverted were lost to both Parties. Nor was there any Complaint made unto Us since the conclusion of the Peace till now, that the Romish Prelates, or Pastors, or any of them have been hindered from exercising their respective Jurisdictions and Functions amongst their Flocks, except one Complaint made of the Governor of Dungarvan, wherein we were ready to have given Redress (upon hearing all Parties) as should have been found fit, if the said Complaint had been prosecuted. We know of no Grant made by his Majesty of any Bishopric whatsoever since the conclusion of the Peace; nor can we find any Article of the Peace that restrains his Majesty from making such Grants, so the Roman-Catholick Bishops be not thereby dispossessed of what they were possessed of upon conclusion of the Peace, until his Majesty declare his Pleasure in a Free Parliament in this Kingdom. And whatever his Majesty might intent to declare, the making of Protestant Bishops could be no anticipation thereof, to the Prejudice of the roman-catholics, since Bishops are held essentially necessary to the Exercise of the Religion of the Church of England. And as to the Seventh Article We Answer, The Answer to the 7th Article. That it was conceived by the Ministers herein mentioned, that where they had possession of the Church-living, the Obventions here mentioned were also due to them. But whether it were or not, sure we are, there was never any Complaint made to Us in this Particular, till our coming to Tecroghan after the loss of Drogheda; and that within a very little time after, before the Truth of the Allegation could be examined, the Towns of Munster revolted, and the Business was so decided, at least if any Difference of this kind continued in the County of Kerry, which was longer held, We never after Our being at Tecroghan heard of it, that We remember. To the 8th Article, The Answer to the 8th Article. we answer, That no Complaint of any such Slavery imposed by the Lord President or Presidency, was made to Us; but on the contrary, upon his Lordship's instance, We directed our Letters to him to swear and admit of the Council of that Province, the Lord Viscount Roch of Fermoy, the Lord Viscount Muskery, Major General Patrick Purcel, Lieut. Col. Gerard Fitz-Morrice, and others; all which were written unto by the Lord Precedent to come to him to be sworn accordingly; whereof the Lord Muskry, Major General Partick Pureell, and Lieut. Col. Fitz-Morrice were sworn, but the rest not coming according to the Letters, could not be sworn. For the improvidence of the Conduct of the Army, The Answer to the 9th Article. We shall only answer, That it was as provident as We had means and skill to conduct it; and for the Misfortune, We ascribe that to the good Pleasure and Justice of God. But how far forth the Disaster at Rathmines was shameful beyond any thing that ever happened in Christianity, as they express themselves, We refer you to the Relation of what We have said upon that Subject in our Answer thereunto, in what concerns the same in the pretended Grievances, and to the Testimony of divers now there that were upon the place with us. Concerning the Defeat at Rathmines, This was in answer to the Grievances. it is as with all Misfortunes of that Nature in War; every Man (at his pleasure) making himself Judge of the Causes of them, and many times, without looking into, or having knowledge of the true Condition of the beaten Party, deliver their Judgements upon mistaken Grounds, and for the most part are guided by their Passions (either of Envy, or Self-conceit of their own Abilities) to judge superciliously or maliciously of those Actions whereunto they are willing Strangers. And this being a Disadvantage whereunto all Commanders have been, and ever will be subject, we have no Reason to expect an Exemption from it; and might therefore pass by this Grievance, reserving Ourselves for an Account of Our Actions, till it were required from Us by him to whom only in this Case We are obliged to render one. But such is our desire to satisfy those that are faithful to the Cause We have laboured in, and may have been stumbled at that Chance of War, that We shall give them the Reason and Grounds of Our Undertaking, and of the supposed Omission recited in what remains of these Grievances. And first it is necessary it should be understood, that a little before the time of that Defeat, the Condition of Affairs in this Kingdom stood thus. The Provinces of Leinster, Munster, and Connaught, were entirely reduced to his Majesty's Obedience, except the City of Dublin and Balishannon which were blocked up with a small Number of our Men. But in Ulster the Rebels, by the Assistance of Owen O-Neil, and the Interruption given to the Lord Viscount Mountgomery by the Scotish Clergy, had raised the Siege of London-Derry, and were become Masters of the Field. About the same time also We had certain Intelligence, that Cromwell with a very strong Army, a vast Sum of Money, and great plenty of all Provisions, was ready shipped for this Kingdom. And it was from good Hands intimated unto Us, that he purposed his Descent in Munster, and that he had Intelligence with some Governor of the Seaports there. Hereupon it was taken into Consideration at a Council of War, whether the blocking up of Dublin should be continued? or, whether We should not retire from thence to Drogheda, Trim, and the Garrisons adjacent, and prepare ourselves for securing Munster, and making a defensive or offensive War, as occasion should afterwards be offered? And of this Opinion We were the rather, because it was there also concluded, that the Lord Precedent of Munster with a good Party of our best Horse, should go into Munster to secure it; and that the very Day we risen from Finglass, and marched to Rathmines, Reynolds landed with 600 Horse and 1500 Foot. Hereunto it was strongly objected, That if We sent away Our heavy Cannon, which we proposed should be done, the more to facilitate an orderly Retreat, the People would despair of the taking of Dublin; that they would account all that was done as good as nothing, unless that City were reduced; That they would not consider that the City was to be reduced by distressing it, by blocking up, (which might have securely been done the way We proposed) but taking the Matter to be given over, and consequently despairing of the Ease they expected by the total Reduction of the Kingdom, would grow more and more backward in their Contribution, and perhaps be seduced to a Conjunction with Owen O-Neil, and a Rejection of the Peace, and his Majesty's Authority thereby established over them; which even then We found was (though underhand privately and under other Pretences) aimed at by some that since have taken the Advantage of the time to declare themselves without Disguise. It was also objected that unless Dublin were reduced before Cromwel's Landing with the Force and Treasure we were sure he had in Readiness at the Waterside, that it was to be feared he would be able to corrupt many of the English, which, considering the Treasure he brought with him, and the want We were in, might as reasonably be apprehended, as that Owen O-Neil, and his Party, should have become Mercenary to Sir Charles Coot. Persuaded by these Arguments delivered by the whole Council of War, We were resolved to continue before Dublin, and to endeavour to approach near unto it, to the end to take from them within, the Conveniency of grazing betwixt Our Camp and their Works, which if it had been effected, their Horses being 1200, must in three days have starved, and then the Benefit of the Sea would have been with much ease taken from them; which would so much have discouraged all their Soldiers, that it was probable they would in a few Days more, have forced their Officers to a Treaty and Surrender of the City. It was then conceived that Baggatrath was the fittest Place to be fortified. But before We gave Order for it, We sent the Earl of Castle-haven, General Preston, Sir Arthur Ashton, and Major General Purcel, to view it: who returned unto Us, approving the Place as in all Respects fit for our Purpose. We than gave the Major General Order to command thither in the beginning of the Night 1500 Foot with Materials to fortify, which was the Number advised to be sent by those Persons that had seen it. In the Morning at daybreak we went thither, and finding the Work not advanced to Our Expectation, found fault therewith. The Major General told Us, That he was so misguided from the Camp thither (which was not an English Mile) that he came not to the Place till an Hour before Day. Yet such was the natural Strength of the Place, that being helped with a few Hours Work, We conceived it might very well be made good against any Attempt of the Enemy. But the better to secure it, We put the whole Army in Arms, and appointed it to be drawn down near Baggatrath, showing every General Officer where his Charge was, and appointing the drawing down some Cannon to an Eminency of Ground commanding the same, and some of the Fields leading from Dublin thither. And then, having been up all Night, partly in writing of Dispatches, and to be in the better Readiness in case the Enemy (upon discovering Our Men marching) should sally, We retired to take a little Rest, which was about nine of the Clock. About ten We wakened with the Noise of Shot, and before we could get on Horseback, Our 1500 Men were beaten out of Baggatrath, and soon after was Sir William Vaughan killed, and the Horse with him routed. Whereupon all those in the left Wing, except Our Brothers and Colonel Miles Reyly's Regiments ran away, without once facing the Enemy, and (as was alleged, which we have not heard disproved) against their Officers uttermost Endeavour. In short, The Rebels gained Field after Field, till they came up to the Ordnance, and thence into the Rear of Us standing in a Field with a Party of Foot commanded by Colonel Gifford, who gave very good Fire upon them for a while, but upon Discovery of another Party of the Rebels marching up to their Front, some called for Quarter, others threw down their Arms, and some continued Shooting: Then We quitted the Field, and endeavoured (but in vain) several times to rally the Horse. These are the Grounds for continuing the blocking up Dublin, and this is briefly as much of the manner of the Defeat as We were Witness of, and can readily call to mind. That his Majesty's Army on that side the River attempted by the Rebels, was far more numerous than the Rebels, is not true; for the Rebels were effectually 4000 Foot and 1200 Horse, and the Army encamped at Rathmines was not stronger in Horse or Foot. We deny not but that the Defeat may reasonably be ascribed to the Faithlessness, Negligence, Ignorance, or Cowardice of some of the Officers and Soldiers. Nor have we ever read or heard of any Defeat given, where the encountering Numbers were near upon equal, but the Defeat was ascribed to one or more of these Failings. And yet it is for the most part found difficult, and many times unfit, to fix the Blame where it may most justly be placed. But that the People's Belief of this is fortified, for that no Search or Inquiry hath since been made by a Court or Council of War of the Deportment of the Officers, is an Argument suitable to the Malice and Misconstruction all Our Actions have met with. If the Officers were not fit for the Employments given them, they were yet of those instanced to Us by the general Assembly. And if new raised Men under expertless Officers, accompanied with a general want of all things necessary for Support, Offence and Defence, have been beaten by a like, or less Number of old, well-armed, experienced and continually garisoned Soldiers, the wonder is not great, nor the Accident rare, even in this Kingdom, and where We have commanded the prevailing Party. If we could have had the Freedom in Election of Officers, and Power to have garrisoned them and their Soldiers, where We might have overlooked them, and caused them to have been exercised, as We have always in vain desired, it might yet have pleased God to have disposed of the Victory as he did; but then We might more justly than now, have been charged with a Failure on Our Part. But to return to what follows, and clear the next Objection, it will be necessary that We set down what We did presently after that Defeat. When We found it impossible, after twelve Miles riding, to head any considerable Number of the scattered Horse, and that as fast as We could rally them, they broke from Us, We immediately directed Our Letters to those We had left on Finglass side of Dublin, and that had not that Day seen the Enemy, being the Lord Dillon's, Sir Thomas Armstrong's, the Lord Moor's, and Lieutenant Colonel Purdon's Regiments of Horse, Colonel Warren's, Colonel Wall's, and Col. Mich. Byrne's Regiments of Foot, to march immediately the one half to Drogheda, and the other half to Trim, for the Security of those Places, and went Ourselves to Kilkenny to rally what We could of the Army, and to raise what new Forces We should be able. This was accordingly done; and that Day seven-night after the Defeat, We marched out of Kilkenny with what Strength of Horse We could make to relieve Drogheda, before which Jones was sat down. Upon Our Approach to Trim with about 300 Horse, which was all that We could in that time rally, he raised his Siege, and We went unto Drogheda. During our being there, Cromwell landed with his Army on or about the 15th of August, not a full Fortnight after the Defeat at Rathmines. It was then plain we were to be on the defensive part of the War, and that he would draw forth suddenly to recover those Places we had gained. And first, we were assured he proposed to attempt Drogheda; We therefore applied our uttermost Industry to supply that Place with what it wanted, placed in it Sir Arthur Aston, as expert and gallant a Governor as we could wish for, gave him the same Men, and the same number of Men, Horse and Foot that he desired, and furnished him with the full proportion of Ammunition and other Provisions he demanded, judging that if Cromwell could be there foiled, of kept before it but for a time, it would much advantage us that had so lately received so great a Blow, as required time to recover, and the Rebels in the Neck of it having received so great a Coountenance and Strength as Cromwell brought with him, being the best of the Rebels old Army in England. But it pleased God in a few days to give that Town into their Hands, and all the Officers and Soldiers that were within it, to the Cruelty of their Swords; where there were lost 2000 of our best Soldiers, with all their Officers, who were chosen as the likeliest Men, by giving a Check to Cromwell in his first attempt, to recover the Kingdom. Now that after the Defeat at Rathmines, and that great Loss at Drogheda (for so it was) so powerful and so prevailing an Army as Cromwell's, marched without interruption from us (that had not above 700 Horse, and 1500 Foot, and of those some not to be trusted, others newly raised, and all discouraged) from Dublin to Rosse, is not much to be wondered at; for all the Men we could make were not sufficient to man Wexford, which being taken (as we have before said) there were lost in it others of our best Men, to a considerable number. That the Rebels might have been prevented in building over their Bridge at Rosse, considering the Situation of the Place, and the Power their Ordnance had from the Key to and upon the other side of the River, we believe they are very ignorant or malicious that will affirm. But if it had been a thing as easy as they would have it believed, we were so far from being able to attempt any thing, that we never all that time had either 24 hours Pay, or Provision before hand, to keep the Men we had together where they were upon no Duty, much less to bring them near an Ene●●●● where they must be held to hard Duty close together. It should 〈◊〉 also be considered, that during Cromwell's March from Dublin to Wexford, and those Parts, began the Revolt of the Towns and Army in Munster, which occasioned very much of Jealousy, Distraction and other Interruptions, and gave the Rebel's leisure to prosecute their Victories. When they marched over their Bridge at Rosse towards Carrick; it was believed they meant to march to Kilkenny, and if we had not been diverted by a false Alarm (which coming as it did we had cause to credit) of their being gone as far as Bennets Bridge towards Kilkenny, whilst we lay at Thomas-Town, and thereby drawn thither for the Defence of that City, we had, as our purpose was, engaged them to fight before their getting to Carrick. In what miserable Condition our Army was when we came to Carrick, which we were forced to leave merely for want of Provision to keep it, and so much Money as to make necessary Materials to gain that Place, is so generally known, that it must argue the Contrivers of this Article guilty of a strange degree of Malice to object to us as an Omission, that the Rebel's Army, whilst it lay before Waterford, was not attempted or once faced by us: And sure we are it is as openly known, that in Person we twice conducted Men for the Defence of Waterford; and that the last Supply we brought, was that which occasioned the Rebels raising their Siege, as the refusing a Garrison, and other Disobediences of that City, were the Inducements moving them to come before it. When by this means the Rebels were removed, and retired to their Winter-Quarters, so harrassed, as that their speedy marching forth was not to be feared; we designed the regaining of Carrick and Passage first, and then of Rosse and Wexford, and to that effect brought with us a Party of Horse and Foot; but were so far from gaining any Admittance for them into the City, or to lie under the Walls, though they brought the Means with them, and were to receive their constant Pay out of the Country, that for those our good Intentions, and former Pains taken for the Relief of that City when Cromwell was before it, it was there brought in question, at a Council held amongst some of the City, Whether we and the Men we brought should not be fallen upon as Enemies? We were then for our Safety forced to reitre thence, leaving those indeed easy Works, we had designed, undone, there being no means of doing them but by and out of that City, whereunto as to the first visible Cause, and to the Example thereby taken by Limerick, may be attributed all the following Success of the Rebels this last Summer. What ancient Travellers or Men of Experience they were that informed the Declarers, that we kept a Mart of Wares, a Tribunal of Plead, or an Inn of Play, Drinking and Pleasure, rather than a well-ordered Camp of Soldiers, we know not; but do believe these Declarers themselves want not the malicious Invention to forge it in their own Heads: Which we the rather believe they have done, by the ignorance appearing in charging it as a Fault, and want of Order, that in a Camp there should be a Mart of Wares, or a Tribunal of Plead, which to have in the most peaceful time and place, are amongst the greatest Arguments of good Government. But if they intent by the Tribunal of Plead, as that wherein we more busied ourselves, than consisted with the Duty of a General, that meaning is known to be maliciously false. And so it is if it be meant by us, that we kept an Inn of Play, Drinking and Pleasure, being content to have all the Lies in this Declaration taken for Truth, ☞ if it can be proved, that during three months' time we were in the Field, we drank twice betwixt Meals, or at Meals more than was fit; that we played thrice at any Game, though at fit times we account. Recreation no fault, or unusual in well-governed Camps; or in all that time we ever took the Pleasure of sleeping otherwise than in our clothes. And of this we have better Testimony than the Declarers, though they had been upon the place. But they being to justify with some colourable Pretences, so high a Treason as the Usurpation of the Regal Power, we wonder not they should make their way to it through any Calumny they can defame us withal. Touching Drogheda, Wexford, Rosse, Carrick, and the not fight the Enemy near Thomas-Town, we refer you to part of our foresaid Answer to the pretended Grievances; with this Addition to that of Carrick, that as it is more than hath or can be proved, that Carrick was betrayed by the Protestant Ward that was in it (surprised indeed it was); so the Endeavours of recovering that Place was not under our immediate Conduct, we going that day it was attempted, with a Party to Waterford. But who it was that importuned the falling on of the Men so unprovided, Sir Lucas Dillon, and others there present (as we have heard) are able to inform you. And for not fight at Thomas-Town, it is here set down, as if the Officers and Soldiers had proposed some such thing, and were absolutely forbidden or refused leave, or to be led on by us to fight; which is a malicious and false Suggestion: For never any such Motion was made to us by any Officer or Soldier, nor indeed could be; for before the Enemy were drawn up that Morning on the Top of the Hill, on the other side of the Water over against Thomas-Town, we were by a false Alarm drawn towards Kilkenny, (as is set down in our Answer to the pretended Grievances) and is well known to Mr. Patrick Bryen, and others (we believe) there assembled. Here again the Declarers must be beholden to their ancient Travellers to make it good, that it is an Advantage of Ground to have a Bridge to pass by three or four in a front in the sight of an Enemy, and a steep Hill to ascend to the Charge of an Enemy drawn up in order on the Top of the Hill; for thus, it is very well known, is the Situation of Thomas-Town, and the Hill whereon the Enemy, drew up after we were drawn away to Kilkenny, as is aforesaid. The rest of this Article is a passionate Enumeration of the Enemies subsequent Success; wherein the Declarers, and their Instruments have more to answer for, than we, as we were a greater Loser than many of them put together. But how we become chargeable with the Loss of any Place in Leinster, since we put the whole Management of the Affairs of that Province into other Hands (especially of Catherlogh, commanded by a Bishop) we much wonder: And if we had not Proof of these men's prodigious Faculty in framing and venting Untruths, ☜ we should admire at their shameless Impudence, in saying Tecroghan was given up by Order, and their affirming it with this Parenthesis (viz.) (to speak nothing for the present of other Places), insinuating, that if they would, they are able to tell of many other Places given up by our Order, when they might have been longer held: For so this Declaration (being framed against us) must, and they desire it should be understood: Which is so foul, so unchristian, and so uncharitable a way of proceeding, that it would make one believe they rather conjured for the Spirit of the Father of Lies, than invoked the assistance of the Holy Ghost to assist when they framed this Declaration. What Endeavour there was used to relieve Tecroghan, and how it was given up, there are many there met that are able to witness, especially the Lord Marquis of Clanrickard, Sir Luke Fitz-Gerrald, and Sir Robert Talbot, the then Governor of that Place, who is able to declare (perhaps to produce) all the Orders he received from Us concerning it. And as to the 10th Article we say, that which we complain of, is, That notwithstanding their continual Declarations of Loyalty to his Majesty, Answer to the Tenth Article. and their Sincerity and Earnestness to advance his Service and Interest, they have continually by themselves, ☜ and their known Instruments, practised the direct contrary. The Copy of our Letter of Aug. 2d. sent them to James-Town, Ante Pag. 26. Part. 2. is before recited upon another occasion; and we believe there is nothing contained in that Letter, but is well known to be Truth, and will be justified by many of best Quality in that Assembly. What the words were which were heard to fall from us dangerous to the Persons of some Prelates, when we are particularly charged with them, we shall deny nothing that is Truth. In the mean time, let it be judged, if we had such a desire of doing them hurt in their Persons, whether in the Person of the Bishop of Killalloe, who had signed this Declaration, We had not in our Power a Subject whereon to have manifested our Disposition to revenge. Whom yet the Bishops in a Letter of theirs to the Earl of Westmeath, the Bishop of Leighlin, and others (which Letter is before recited upon another occasion) do acknowledge to have been preserved by Our means; Ante pag. 33. Part 2. though in the said Letter they untruly charge those they call Cavaliers, with any Attempt or Purpose of doing the said Bishop's Person any further prejudice, than to apprehend him, and bring him before Us. As to the 11th Article, Answer to the 11th Article. We acknowledge to have represented to His Majesty, That divers Places in this Kingdom were in disobedience to his Authority. And that there were and are such places, is a Truth as well known to these Declarers, as any Work is known to the Workman that made it. Which to have concealed from his Majesty, had been to have betrayed the Trust by Him reposed in Us, and to have taken upon Ourselves the blame due to them. We also acknowledge to have humbly desired his Majesty's leave to withdraw Our own Person out of the Kingdom, in case those Disobediences were multiplied. Which having received, and those Disobediences being multiplied, We had withdrawn Ourselves from being an idle Witness of the loss of the Kingdom, and the Ruin of many of Our Friends, had not divers of these Declarers several times (but more especially at Loghreagh) dissuaded Us from going, and promised to do their uttermost endeavour to procure Us the Obedience We desired; without which it was plain to all Men, We could attempt nothing for the preservation of the Kingdom with hope of Success. But We were not so bold as to direct his Majesty to remove his Authority, or how else to dispose of it, as the Declarers are. But how really troubled they are that the People should be deprived of the King's Authority, and the benefit of the Articles of Peace, is apparent by this Declaration and Excommunication, (wherein they direct the People to return to their Association, which is inconsistent with both) And by the Answer of the Bishops at Galloway to the Commissioners, whereof We shall have occasion to speak hereafter. And where they charge Us with Envy to the Nation, for doing Our Duty to the King, We hope to have given such proof of the contrary as hath satisfied the most interested Men in the Nation. And We conceive We could not have manifested Our Affection to it by a more Signal Instance, than by offering to leave his Majesty's Authority in the Person of the Lord Marquis of Clanrickard, and to withdraw Ourselves to solicit for Supplies when it was most probable they might be got, finding that our being a Protestant gave these Declarers some advantage to withdraw the People from their Obedience to Us. As to the 12th Article, Answer to the 12th Article. we are not willing to look back so far as to the time when, by his Majesty's Command and Commission, We bore Arms in the War against the Confederates; but must justify Ourselves that We were never active in unnatural execution against them, but have many times suffered much Calumny for Our desire of preserving many of them that fell into our Hands, as some in that Assembly can witness, who were by Our means preserved, and if they think fit may testify as much. But if the Declarers oppose Our being active then to Our unactivity this last Summer, as an Argument of Our want of desire to oppose the Enemy; We answer, That in the time they mention, We had free election of Officers the absolute Power of Dublin, and other Garrisons, where We caused the Soldiers to be continually exercised, their Arms kept in order, and could in a short time, when We pleased, have drawn the Army together, and marched with it where We pleased; Advantages which rendered the Victories We gained full as easy, as those gotten by the Enemy against Us, have been upon the like advantage on their part. It is true, that all this last Summer, We, and the Lord Inchiquin have continued in Connaught and Thomond, where there was no Enemy. But it is also true, ☜ that We were not suffered to have the means of preparing an Army fit to seek or oppose an Enemy: as We have set down in Our Letter of the Second of August, to the Bishops at James-Town, recited formerly upon another Occasion. And since they here mention the Lord Inchiquin with Us, We think fit to mind divers in that Assembly, to whom it is well known, that many of the Bishops did long since, upon several Occasions declare, that all their Suspicion, and the Suspicion the People held of Us, was by reason of the Power the Lord Inchiquin had with Us. And that during his continuance in Employment, or the continuance of any of his Party in the Army, it was not possible for them to remove that Suspicion out of the Minds of the People. But that if his Lordship were once out of Command, and his Party removed, they doubted not full and cheerful Obedience would be given Us. Hereupon his Lordship voluntarily withdrew himself from having to do with the Conduct of the Army; ☜ yet is he by these Men charged for want of Activity. When his Lordship had thus waved his Employment, and his Party were gone off and that they had wrought the like distrust of the remainder of the Party that came off to Us from Dublin, and other Parts, so that n●w We were forced likewise to send them away, than they judgement a fit time for them to declare also against Us. Then divers ●●●ops, and other Churchmen, changed their Note, and dealt understand with the Lord Inchiquin to stay in the Kingdom, though We should go, saying, That the distrust and dislike of the People was only against Us, and not against him. Then they fell, first to call their Meeting at James-Town, and then to publish this Declaration, from which they were withheld for fear all the time the foresaid Parties were with Us. This We suspected would be the issue of their working away the Protestant Party, and of all their Promises. Yet to leave them wholly without Excuse, and to satisfy some that believed better of them, We consented to part with those Men, of whose Courage and Fidelity to his Majesty, and Affection to Us, We had good Experience; and cast ourselves wholly upon the Assurances these Bishops and others had so often and so solemnly made to Us, of giving Us, and procuring for Us, all possible Compliance and Obedience; the Result whereof appears in their Declaration. Yet it is very well known, that whenever the Enemy drew towards the Shannon-side, We drew together all the Men We could to the defence of the Passages, which otherwise the Enemy had gained. And whatever our Play and Merriment was, We had certainly as great cause to grieve at the loss of a Kingdom to his Majesty as these Declarers, who have not carried themselves so towards him, as to expect a greater proportion of his Favour than We. In Answer to the 13th Article, The Answer to the 13th Article. We say that Drogheda was put into the Hands and Trust of Sir Arthur Ashton a Roman-Catholick; and that of the Soldiers and Officers of that Garrison, the greater part were of that Religion. That for Trim, it was governed by Mr. Daniel O-Neil, who (though a Protestant) was yet a Native of this Kingdom, and one that had manifested great Affection to the Nation. That the greater part of the Officers and Soldiers with him, were roman-catholics; and that the Lord Viscount Dillon, a Roman Catholic, had Command over the said Daniel O-Neil. For Dundalk, it is known that Place was given up through the good Affection to his Majesty of divers Officers and Soldiers, rather than forced by Siege, or otherwise, with some of whom We conceived it fit to leave the Charge thereof. What Actions or Expressions of Ours they were that disheartened the roman-catholics to fight, or be under our Command, is not here set down. So that We can not otherwise answer to this, than that We never did any such Action, or let fall any such Expression, but were indifferent in our Actions and Expressions of Civility and Respect to all the Officers of the Army. What these Catholics, and many Thousands of the People with the Commissioners of Trust, or the greater part of them might fear, if We had mastered the Kingdom, We are not to answer for. But if they feared We would (in case We had mastered the Kingdom) have infringed any of the Articles of Peace, their Fear was unjust and groundless, nor have We ever before heard there was such a Fear in them. To the 14th Article, The Answer to the 14th Article. We answer; That they have in Truth no reason to speak of any particular Corruptions and Abuses in this Article generally mentioned; that which they instance in Secretary Lane's having a Custodium of Kilbeggan being so false, that he never had any thing to do with it. If they had a true Instance, We suppose they would not have spared to make use of it. What Daniel O-Neil had, they set not down; nor till they do, are We able to answer it. If these pretended Grievances (whereof most are disproved, The Answer to the 15th Article. and some confessed and proved to be no Breaches of the Peace) were delivered to the Commissioners of Trust in February last, We never saw them till September, after the meeting at James-Town in August last. And if hereby be meant that Paper of pretended Grievances, without Title, or Subscription, whereunto We have sent you Our Answers, We never saw them till the 17th of August last. The Conclusion of their Declaration is a general Recapitulation of the Miseries and Desolation fallen upon the Kingdom and People in tragical and passionate Expressions, Answer to the Conclusion. endeavouring to infuse into them a belief, that all those Afflictions are through Our means fallen upon them: whereas We suppose We have made it evident, That (next to the good Pleasure of God to chastise the Nation) the Reason thereof may most reasonably be attributed to the Sedition Disloyalty, Pride, Covetousness and Ambition to Rule of these Declarers; whom We challenge to instance, whom We have born down that would have fought for them, or whom cherished or advanced, that would or did betray them. And where they say that some are inclining to submit to those they call the Parliament, persuading themselves that there can be no safety under Our Government, attended by Fate and Disaster (as they express themselves more like Heathen-Poets, than Christian-Bishops and Churchmen) it is known to some there, that to Our certain knowledge divers Persons, and Places of consideration, would have submitted to the Enemy, if We had gone, rather than live under the Tyranny and Confusion of the Government projected by these by these Declares (which was the principal Reason of Our stay) as will (We fear) be too evidently verified when We are gone, unless that Assembly prevent it, by more prudent, temperate and solid Determinations than these Men are capable of giving or receiving. Next, they say that for Prevention of those Evils, and that the Kingdom should not be utterly lost to his Majesty, and his Catholic Subjects, they found themselves bound in Conscience to declare against the Continuance of his Majesty's Authority in Us, and accordingly in their own Name, and in the Name of the rest of the Catholics of the Kingdom, they do declare against the Continuance of his Majesty's Authority in Us, having by Our Misgovernment and ill Conduct of the Army, and Breach of Public Faith, rendered ourselves uncapable of continuing that great Trust any longer. To which We answer, ☜ That to prevent the Loss of the Kingdom to his Majesty, they take the Kingdom to themselves: and without so much as making any Address to him, or pretending to have received any Direction or Commission from him, they declare to the People, that they are no longer obliged to obey any Orders or Commands of the Person by Commission authorized from Him, but until a General assembly may conveniently be called, or until upon application to his Majesty, he settle the same elsewhere, to observe the form of Government the said Congregation shall prescribe. Whereby is to be observed, that as they take it upon them when they please, and in the highest Temporal Affairs in the World, to declare the Sense of the People without their Consent; a thing that We have never read or heard was ever till now pretended to by King, Pope, or Clergy: so they evidently assume the Power of dissolving, and erecting the Temporal Government of the Kingdom. And this they say they found themselves bound in Conscience to do. Which being a pretence inscrutable, and at all times readily to be taken up, can only be answered by the Laws of the Land, the will not allow the Excuse of Conscience for taking a Purse on the Highway, or (to come home to this Matter) for Acts of High-Treason. For the Clause (viz. or until upon application to his Majesty he settle the same elsewhere) it is inserted with purpose to abuse the People with a belief of their Loyalty, ☜ when they have first incited them to Rebellion. Touching the Complaint they say they will make against Us to his Majesty, it should in Reason and Justice have preceded their Declaration. And if either his Majesty had refused them Hearing and Justice, or if We had not submitted to his Determination, there had been some colour for their proceeding as they did. In the last part of their Conclusion they prepare the People with an Apology of the desperate State the Kingdom is left in by Us, to bear the more patiently the utter loss of it under the Government they would set up: and with a touch indeed of Episcopal Counsel to amend their Lives, and depend upon God's Providence and Protection, they dismiss them, wherein what Example they have given Them, We leave to the Judgement of God, the Searcher of Hearts, and the impartial Judge of the Thoughts and Actions of Men. In the Order (attested by the Bishop of Clonfert) for publication of the Excommunication (which publication was made at Loghreagh the 15th of September) it is expressed, That the Order given to the Committee of Bishops at Galloway by the Congregation at James-Town was, That in Case We would not departed the Kingdom upon their Advice, and depute the King's Authority with Persons of Trust, or that We denied to departed the Kingdom, and no demonstration could be made how the Kingdom could be preserved under Our Government, that then the said Declaration should be published. It is further expressed in the said Order, That We, being solicited to the effect aforesaid, with urgent Reasons, absolutely denied to consent thereunto: and that We neither did, nor could demonstrate unto them any way of preserving the remainder of the Kingdom under Our Government; and therefore, according to the Trust reposed in them by the said Congregation, they did publish the said Declaration, denouncing to all Archbishops, Bishops, etc. This is all We observe in this Order of Publication more than is contained in the Declaration at James-Town. What We have to answer in this Order for Publication is briefly this. They held it fit We should quit the Kingdom, and depute the King's Authority, with some Person or Persons of Trust (that is, pleasing to them). We refuse so to do upon their Advice, giving them some Reasons why We refuse, and promising them more, if they would at a free Conference hear them. For not following this Advice, without refuting the Reasons We gave for Our not going, and without hearing, or so much as ask what other Reasons those were which We were unwilling to write, and yet would tell them at a free Conference, (by which Caution they might imagine they were of Moment) they proceeded to their Declaration and Excommunication. Here (though We have formerly touched it) let it be observed, That having several Times, and upon several Occasions, offered to leave the Kingdom, and to depute the King's Authority (not to disparage the Nation) with the * Clanrickard. only Person in all respects fit for it, and a Roman-Catholick: this was not accepted of; but We are made believe the Lord of Inchiquin being removed from any Charge of the Army, and the Protestant Party gone, there remained no further distrust, or dislike of US, and that then all Obedience would be given Us. All this and whatsoever else they advised being done on Our part, Our Frigate (which lay in Ire-Connaught, whence We might have securely gone) being sent away, and the Harbours blocked up by the Rebels Ships, they impose upon Us to effect an Impossibility, namely, to go out of the Kingdom, without means of Transportation; or else (as far as in them lies) We are rendered infamous throughout the World, and to all Ages, by their defamatory Libel. Whatever Our Demerit had been, and if We were the faithless, the negligent, the every-way unworthy Person they have described Us to be, certainly they cannot free themselves from the guilt of so mean and base a Treachery. Let it be next considered, That if when a Company of Bishops, or a Congregation of Arch-Bishops, Bishops, etc. have a mind to set up themselves, or any others as Governors over the Kingdom, (and this Power they assume at least in the interval of Assemblies, and have now twice practised it) and the Governor appointed by Royal Authority, or (when that is absent, which should never be supposed) by a just Representative of the Nation, will not give them room (by quitting the Government, he is placed in, at their desire) without direction from the Power whence he derives his Authority, or without unavoidable Necessity enforcing him; if (we say) for his not doing a thing so contrary to the Trust reposed in him, to the Sense of those entrusted by the People, as the Commissioners of Trust were, and contrary to the Sense of the most interested Persons of the Kingdom, the foresaid Company of Bishops, or Congregation, may therefore with impunity deliver all Men to Satan that shall feed, help, or adhere to him: It is in this Case easy to discover that such Bishops, ☜ or a Congregation thus doing, do aim at, and will (if so permitted) easily compass the Supreme Temporal Power. If it be said, they only do it upon evident Necessity, for the preservation of the People in apparent Hazard of being lost, and that in this Case only of so absolute necessity, they pretend to such Power, and when informed, or convinced, will lay it down to the King or Assembly: We believe no King or State careful of their own preservation, will allow they have this Power even in this Case. For instance, If the Bishops, or Congregation of both Clergies, of the Kingdom of Naples, or of any Signiory under the State of Venice, should pretend to a Power (upon any Necessity whatsoever, whereof the said Bishops and Congregation to be Judges) of discharging the Subjects of the King of Spain from obeying the Viceroy of Naples, or the Subjects of any Signiory under the State of Venice, from obeying the Governor (of any such Signlory) appointed by the State, directing them in the mean time to observe and obey such Form of Government as the said Congregation should prescribe, till it should be otherwise ordered by the said King or State: We suppose it would not pass for Orthodox Doctrine in that Roman-Catholick Kingdom, or State, that a Congregation is qualified with such Power. Nor would the Necessity of their so doing, nor yet the Sanctity of their Function, or Persons, protect them from severe Punishment. That our King's Prerogative in that particular, is as great in this Kingdom, as the King of Spain's in Naples, or that of the State of Venice in any Signiory of theirs, it is Treason to deny: as it is to affirm, that in this Particular such a Congregation here hath more Authority, than a like Congregation in that Kingdom or State. But these Men have not only in this Case exceeded whatever at any time, or in any place was pretended to by any of their Function; but had less ground, if less might be, for such a Pretention than any others. For here, in a Solemn Assembly of the Nation, a Peace was concluded; most of the Bishops signing this Declaration, were actually there consenting to the Peace; and all the Congregation, either at, or after the conclusion of the Peace, subscribed to it. So that by the general Consent of the Congregation, first or last, Thomas Lord Viscount Dillon, Donogh Lord Viscount Muskery, etc. were to look to the performance of the Articles of Peace, and thereby had greater pretence to be proper Judges of the Violation of the said Articles, than this Congregation. Yet (without consulting them) they publish this Declaration, and fulminate their Excommunication against any that should adhere to Us, among other things for pretended Violation of the Peace, and would not by the said Commissioners be persuaded to retract it. Where they say, We neither did, nor could demonstrate unto them any way of preserving the Remainder of the Kingdom under Our Government, it was a Question never asked of Us, either by the Bishop of Dromore, and Dr. Charles Kelly, who brought Us the Message, or by the Bishops of Cork and Clonfert, that were sent to Us for Our Answer, or indeed by any other. If such a Question had been moved to Us, We should doubtless have answered, That the most probable way of preserving the Remainder of the Kingdom, was by the cheerful Submission of the Cities, Towns and People, to the rightful Authority placed over them. And if the Congregation, or as many of them as are now there, should be put to show a more probable way, or to quit the Kingdom, it is possible it might be fit for them to think of their Voyage, as it might in such case be reasonably hoped the Kingdom might be preserved. Thus have We gone through, and answered all that we could ever see or hear objected against us by the Congregation, and acquainted you by what Steps they have proceeded to their Declaration and Excommunication, wherein we have recited their own Words, and related their own Actions so truly, that they cannot (if they would) deny any part of what we have set down as theirs; and therein also we have been the more particular, because it is doubtful whether ever we shall have another Opportunity of vindicating ourselves from false Aspersions cast upon our Person and Actions. Appendix XLIX. The Information of the Marquis of Antrim. MY Lord of Antrim, by Letters, earnestly pressing to a Conference with us, whose Names are underwritten, being then at the Camp of Killahan in the County of Meath, there was a Meeting with his Lordship assented unto, and accordingly we this Day, being the 9th of May 1650, met him at Miltown between Killahan and Killehan in the said County, where and when amongst other Discourses, and particularly concerning a Commission supposed to have been by the late King given to the Irish for their rising and acting, as they have done in Ireland on the 23d Day of October 1641, and after he the said Lord of Antrim said, that he knew nothing of any such Commission, but that the late King before the said rising of the Irish in Ireland, sent one Thomas Bourk, Kinsman to the Earl of Clanrickard, to the Lord of Ormond, and to him the Lord of Antrim, with a Message, That it was the King's Pleasure and Command, that those eight thousand Men raised by the Earl of Strafford in Ireland, should be continued without disbanding, and that they should be made up twenty Thousand, and that they should be armed out of the Store of Dublin, and employed against the Parliament; and particularly that the Castle of Dublin should be surprised and secured: which the said Lord of Antrim's Discourse, in Substance aforesaid, was delivered at the Time and Place before mentioned, in the Presence of us. Signed, John Reynolds, Henry Clogher. The 11th of May 1650, another Meeting was given by us undernamed, to the Lord of Antrim at the aforesaid Place, when and where amongst other Discourses, and in pursuance of that formerly by his Lordship delivered, of the King's Instructions concerning the rising of the Irish in Ireland, the Lord of Antrim further added, That the Letters of Credence by the late King to Thomas Bourke before mentioned were in Substance as followeth: Thomas Bourk, you are to repair to Ormond and Antrim in Ireland, who are to give Credit to what you are to say to them from Us. C. R. Which Letter of Credit being by the said Bourk showed to Ormond and to him the Lord of Antrim, he the said Bourk declared the King's Pleasure concerning the said eight thousand Men, and what is before particularly mentioned in his Lordship's Discourse on the 9th Instant, which we the Subscribers have read, the same in Substance being repeated to us by the Lord of Antrim. The said Lord of Antrim further said in our Presence, That after the Declaration to the Lord of Ormond, and to him the Lord of Antrim made by the said Bourk of the King's Pleasure as aforesaid, they, the Lords of Ormond and Antrim, endeavoured a Meeting with each other for ordering Affairs accordingly; but there being (as they supposed) jealous Eyes over them, they could not for a time compass it conveniently; he said that in the Parliament then sitting at Dublin, they would often take occasion to retire into the withdrawing Room, belonging to the Lords House of Parliament, in the Castle of Dublin, but being followed by others they had not their Conveniency for Discourse which they desired. That having appointed a Meeting at the Bowling-Ally in the Colledg-green in Dublin, they would there sometimes exchange some Words; but having at length gained a fit Opportunity for a Meeting, after some Debates, it was by them concluded, That present Dispatch should be made and sent to the King of that resolved on for his Service. Ormond ask Antrim, Whom he would employ in that Business to the King? he answered, that he would send the Lord Macgnire; And I, said Ormond, will send over my Lord of Muskery; and a time being appointed for preparing the said Dispatches, they then parted; but after some Days Ormond again meeting with him, the Lord of Antrim told him that Dublin was no convenient Place for their Business, that therefore the Lord of Ormond would retire into the Country for preparing of the said Dispatches, desiring him, the Lord of Antrim, to meet him, at a time appointed at Kilka in the County of Kildare, belonging to the late Countess-Dowager of Kildare, whither Ormond said he would come on Pretence of a hawking Recreation, and that there they might discourse of all things freely: That the time of meeting drawing nigh, and the Lord of Antrim prepared for it, he was therein prevented by a Message from Ormond, wherewithal Colonel John Barry was sent, intimating that the Lord of Ormond having considered of the Business he conceived it convenient that one of them two should repair to the King immediately, rather than so great an Affair should be trusted by any other: That for himself he said, that being a Stranger at Court, his going thither could not be without Suspicion, but that he the Lord of Antrim might pass freely, earnestly desiring him to undertake the Work: but he the Lord of Antrim refused, saying, He would not go if Ormond would not go also; yet was the Lord of Antrim, by the pressing Solicitation of Colonel Barry aforesaid, persuaded to send some one from himself to the King, for intimating what was resolved for his Service, and signifying the already disbanding those 8000 Men raised in Ireland by the Earl of Strafford. This Dispatch was sent by Captain Digby, Constable of the Castle of Dunluce in the North of Ireland, belonging to the Lord of Antrim: with those Dispatches the said Digby did overtake the King at York, he being then on his way to Scotland, and from York was Digby returned back to him the Lord of Antrim by the King, signifying his Pleasure, That all possible Endeavours, should be used for getting again together those 8000 Men so disbanded; and that an Army should immediately be raised in Ireland, that should declare for him against the Parliament of England, and to do what was therein necessary and convenient for his Service. Upon receiving this the King's Pleasure by Captain Digby, he the Lord of Antrim imparted the Design to the Lord of Gormonstown, and to the Lord of slain, and after to many others in Lienster, and after going into Ulster he communicated the same to many there; but the Fools (such was his Lordship's Expression to us) well liking the Business, would not expect our time or manner for ordering the Work, but fell upon it without us, and sooner, and otherwise than we should have done, taking to themselves, and in their own way, the managing of the Work, and so spoilt it. It being by us demanded of his Lordship, how he intended it should be managed? He answered, That the Castle of Dublin being then to be surprised, if the Lords Justices should oppose the Design, the Parliament then sitting should declare for the King against the Parliament of England, and that the whole Kingdom should be raised for the King's Service; and that if the Lords Justices would not join in the Work, they should be secured; and all others who would or might oppose them should be also secured. Which Discourse was freely made by his Lordship without any Caution given us therein of Secrecy; yet was it demanded by us, Whether his Lordship would give us leave to have the same signified to his Excellency the Lord Lieutenant of Ireland, and to the Lord Precedent of Munster? His Lordship answered, That he gave us free liberty so to do, which his Lordship's Discourse we have for our better Remembrance reduced to Writing, and testified the same under our Hands, to be as aforesaid. Signed, Henry Clogher. Henry Owen. Having seen and read this Paper containing the Particulars of a Conference between Me and the Lord of Clogher, and Colonel Reynolds, and between me and the said Lord of Clogher, and Mr. Henry Owen, I do hereby acknowledge it to be the same in Substance with what passed, excepting where it is said, that Captain Digby was by the late King returned with a Dispatch to Me, whereas the Dispatch was sent to me from the King by one William Hamerstone: and whereas it is said, that the said late King appointed that the Army with us to be continued and raised in Ireland, should be employed against the Parliament; it is to be intended, if occasion should be for so doing. And I do hereby aver the Truth of all so delivered, with the other Corrections and Qualifications thereunto added: Witness my Hand this August the 22d, 1650. ANTRIM. Observations on the Marquis of Antrim's Information. FIrst, it expressly clears the King from giving any Commission for the Irish Rebellion, nor is there any thing in it that can charge his Majesty with the least Thought or Intention that his Protestant Subjects in Ireland should be either plundered or murdered; nevertheless when an unthinking Reader finds that the Castle of Dublin was to be surprised, he runs away with the Notion, that the Irish Conspiracy was pursuant to that Order, and the King was in the bottom of that barbarous Rebellion: and this perhaps was one design of this Information; but the chief end of it was to abuse the World with a Belief, that the King was not necessitated to a War with the Parliament by any thing then newly happened in 1642. but that he had projected it long before, and had made this Preparation to put it in Execution. Secondly, This Information cannot be true, but either Antrim deceived the World, or Burk imposed upon him; for besides that, Ormond and Antrim was unfit to be joined in a Commission, as well because there were never any good Understanding between them, as also because they were of different Religions and Interests; how much more obvious, and easy, less scandalous and more effectual would it have been for the King to have made Ormond Lord-Deputy, than to order him to surprise the Castle and the Lords Justices? Moreover, these 12000 additional Men could not have been raised without Noise and Time, nor kept without Money, nor Armed at all, for there were not 12000 Arms in the Store 23 Octob. and yet 8000 of them were the Arms of the disbanded Men which they were to keep on Foot. But it is yet more strange, that before any Breach with the Parliament, and whilst Matters tended to an Accommodation more hopefully than in some Months before, the King should by such a rash and imprudent Action administer such cause of Jealousy to the Parliament at so unseasonable a time, whilst he was absent in Scotland, as would certainly put the Kingdom of England in a Flame, and lose his Majesty the Hearts and Hands of more English Cavaliers than he could gain of Irishmen. But to put this matter out of doubt, the King long before he went to York (which was in the middle of August) knew the Irish Army would be disbanded, and therefore consented to licence four Regiments to be levied out of them for the Service of the King of Spain, as appears by the following Letter copied from the Original. ORMOND, I Have taken this Occasion by the recommending the Son of one of my faithful Servants, to assure you that I very much esteem You, and that I do but seek an Occasion to show it you by more than Words, as I commanded the Vice-Treasurer to tell you more fully, and in particular concerning the blue Ribbon, of which you may be confident; only I desire you not to take notice of it until I shall think it fit. The Particular for this Bearer, George Porter, is to permit him to make up a Regiment of the disbanded Army, if he can do it by Persuasion to carry them out of the Country for the King of Spain's Service; this is all: So I rest, Whitehall, the 19th of June, 1641. Your assured Friend, CHARLES R. Moreover, how much the King was surprised with the Irish Rebellion, will also appear in his Letter to the Marquis of Ormond, whom Antrim himself confesses to be a Trustee, and therefore we may be sure the King wrote sincerely to him. ORMOND; THough I am sorry for this Occasion I have to send unto you, which is the sudden and unexpected Rebellion of a great and considerable Part of Ireland, yet I am glad to have so faithful and able a Servant as you are, to whom I may freely and confidently write in so Important a Business: This is therefore to desire you to accept that Charge over this, which you lately had over the former Army, the which though ye may have some Reason to excuse (as not being so well acquainted with this Lord-Lieutenant as ye was with the last) yet I am confident that my Desire, and the Importance of the Business, will easily overcome that Difficulty, which laid aside for my sake, I shall accept as a great renewed Testimony of that Affection which I know ye have to my Service: So referring what I have else to say to Captain Weemes Relation, I rest, Edinb. 31 Octob. 1641. Your most assured Friend, CHARLES R. Lastly, The Credential which Burk had was not until the 8th day of February, 1641. And that the Reader may see the bottom of this Intrigue, I have added it verbatim, copied from the Original. ORMOND; BEing well satisfied of the Fidelity of this Bearer, Mr. Burk, I have thought fit not only to recommend him to you, but also to tell you that I have commanded him to impart to you what I have not time to write, which I think will much conduce to the reducing of the Rebels, which I know none desires more than yourself; and so I rest, Windsor, Feb. 8, 1641-42. Your most assured Friend, CHARLES R. FINIS. ERRATA. In the Apparatus. Page 2. in margin for tanquam read tantam. p. 3. l: 28. f. 1643. r. 1642. In the History. PAge 12. line 50. for dead read ready. p. 21. l. 51. deal of. p. 28. l. 23. deal besides. p. 29. l. 40. r. returned to. p. 44. l. 32. r. May 1628. p. 60. l. 23. f. was r. were. p. 66. l. 9 f. his r. this. p. 72. l. 42. f. 64. r. 65. p. 73. l. 49. f. trot r. go. p. 75. l. 51. f. December r. November. p. 77. l. 45. f. their Religion likewise persecuted by the Parliament, r. of the same Extraction with themselves. p. 86. l. 30. f. October r. December. p. 95. l. 46. f. he r. the. p. 98. l. 42. f. alias r. Mac. ibid. l. 39 deal also. p. 115. l. 6. f. hundred r. thousand. p. 130. l. 6. f. A r. the. ibid. l. 44. r. they will. p. 139. l. 37. r. and relieve. p. 148. l. 49. f. Jany r. Inny. p. 156. f. on r. in. p. 175. l. 52. deal the. p. 177. l. 16. f. fifteen r. five. p. 192. l. 39 r. for. p. 193. l. 20. r. 38. p. 196. l. 30. l. 〈…〉. deal part of the 15th, and all the 16th, 17th, and 18th Lines. The Reign of King Charles the Second. PAge 3. in margin r. temerary. p. 6. l. 49. f. Battalions r. Readiness. p. 136. l. 51. for all r. good part of the. In the Appendix. Page 165. l. 40. f. 1641. r. 1648. p. 209. l. 29. f. was r. were. Books printed for, and sold by Joseph Watts, at the Angel in St. Paul's Churchyard. THE History of Ireland from the Conquest to the End of the Reign of Queen Elizabeth. By Richard Cox Esquire, the first Part. Folio. Chardyn's Travels into Persia, and the East-Indies. Folio. The Trial of the Lord Russel, etc. Folio. Diary of the late Expedition of his Majesty into England. Quarto. Representation of the threatening Dangers. Impending over Great Britain, before the coming of their Majesty's King William and Queen Mary. Quarto. Treatise of Monarchy, in two Parts. By Hunton. Quarto. Discourse of the Opposition of the Doctrine, Worship, and Practice of the Roman Church, to the Nature, Designs, and Characters of the Christian Faith. By Gilbert Lord Bishop of Salisbury. Quarto. The True Test of the Jesuits, or the Spirit of that Society disloyal to God, their King and Neighbour. 4o. Sure and Honest means for the Conversion of Heretics. Published by a Protestant. 4o. The present Settlement vindicated, and the late Misgovernment proved: In Answer to a seditious Letter from a (pretended) Loyal Member of the Church to a Relenting Abdicator, with the said Letter. Quarto. Journals of the House of Commons, in 1680, and 1681. Octavo. Treatise of the Corruption of Scriptures, Councils, and Fathers. By the Prelates and Pastors of the Church of Rome, for the maintenance of Popery. By Thomas James. 8o. The True Nature of the Divine Law. Octavo. A Discourse of the Nature, Use, and right managing the Baroscope, or Quicksilver Weatherglass. With the true Equation of Natural Days, for the better ordering Pendulum Clocks and Watches. By John Smith. Octavo. Reformed Devotions, in Meditations, Hymns, and Petitions for every Day in the Week. By Theophilus Dorrington. Twelve. An Earnest Invitation to the Sacrament of the Lord's Supper. By Jos. Glanvill. The 7th Edition. 12o. The Mystery of Iniquity. By Dr. Burnet. Octavo. Serious Reflections on Time and Eternity. By John Shower. 12o. Expostulation with the Whigs in Scotland. 4o. The Earl of Rochester's Funeral Sermon. 〈◊〉▪ Likewise Acts of Parliament, Proclamations, Declarations, Orders of King and Council; Speeches of the Kings, etc. in Parliament. Pamphlets of all sorts. Sermons on all Occasions. Trials. Narratives, and Gazettes, etc. are sold by the said Joseph Watts. A Table of the most Material Passages of this Book. Note, C▪ 2. signifies that part of this History which contains the Reign of King Charles the Second. A. Pag. ANalecta Hiberniae when published 33 Army increased to 5000 Foot, 500 Horse 41 and quartered upon the Country 42 and increased to 8000 Foot, and 1000 Horse more 51 but this Addition disbanded 71 Atherton Bp of Waterford executed▪ 58 Adair Bishop of Killalla deprived, and why 60 Athlone surprised by Friar Dillon 170 Assembly General of the Irish sit 123 and make Orders 163 and declare against the Peace of 1646. 185 their Declaration previous to the Peace of 1648. 205 B. Baronet's instituted 17 Bishops their Protestation against Toleration of Popery 43 Battle at Gelingston Bridg 82 in County of Wicklow 83 at Swords 87 of Kilrush 106 of Tymachoo 109 of Raconell ibid. of Ross 111 of Ballintober 114 of Rapho 115 of Killworth 129 of Castlelyons 158 of Bemburb 165 of Dunganhill 195 of Knocknanoss 197 of Rathmines C. 2. 7 on Wexford-strand 11 at Macr●ome 16 at Skirfolas 24 Knocknaclashy C. 2. 68 C. Cities of Munster rebel 4, 5 and submit 7, 8 have their Charters renewed 15 Cary, Sir George, Lord Deputy 9 Chichester, Sir Arthur, Lord Deputy 9 goes to England 25 and returns successfully 29 and is made Lord of Bellfast 33 Commissioners sent to inspect the Affairs of Ireland 36 their Computation mistaken 37 City of Cork made a distinct County, 10 destroyed by Fire 39 Customs of Tanistry and Gavelkind abolished 10 Commission of Grace 11, 15, 32 Case of Tenors 56 Conaught Transactions there, An. 1641▪ 97 Anno 1642. 113 Anno 1643. 113 Anno 1644. 146 Anno 1645. 159 Anno 1646. 190 Anno 1647. 198 Anno 1648. 203 Coot, Sir Charles, slain at Trim, 107 Committee of English Parliament sent over, and what they did 108, 109. Cessation treated of 130 and concluded 133 how resented 133 wherein violated 135 Cessation between the Irish & Insiquin, 199 Cromwell landed at Dublin, C. 2. 7 and takes Tredagh, C. 2. 8 and Wexford, C. 2. 9 and Ross ibid. 10 and clonmel ibid. 10 returns to England ibid. 17 Clanrickard, Marques, made Lord-Deputy C. 2. 52 High Commission Court, and what they did, C. 2. 70 D. O Dogharty rebels 13 and is slain 14 E. Earls of Tyrconnell and Antrim created 8 Earl of Castlehaven executed 54 F. Lord Falkland Lord-Deputy 39 has a Controversy with the Chancellor 42 is removed 53 G. Glamorgan, Earl, sent to Ireland, 150 makes a secret Peace with the Irish 154 is committed 155 his Opinion of the Irish 157 Grant Winter his Negotiation 194 Galloway surrendered C. 2. 69 H. Hartegan's Letter 149 I. Irish demand Toleration of Religion, 8, 43 and obtain Graces 45 whereupon they grow 〈◊〉 53 they desire to inspect the Store 71 and universally rebel 72 and enter into an Association 123 and appoint a Government 125 and send Ambassadors to Foreign Princes 149, 197. Instances of their Disloyalty, C. 2. 54 Lords Justices, Jones and Denham, 33 Ely and Powerscourt 36 Ely and Cork 53 Ely and Wandesford 59 Dillon and Parsons 64 Parsons and Burlace ibid. Burlace and Titchburn 127 Inquisitions into the King's Title 56 Ireton has command of the Army, C. 2. 17 and takes Waterford, C. 2. 56 and Limerick, ibid. 69 and dies ibid. K. King James of Irish Extraction 1 his Title to the Crown 2 his Declaration against the Rebel Earls of Tyrone and Tyrconnel 12 his Speech to the 〈◊〉 Irish 25 his Answer about Sir Oliver St. John▪ ● 35 King Charles Crowned 41 sends notice of the Irish Conspiracy, 65 and Proclamations against the Rebels, 86 and surrenders himself to the Scots, 164 King Charles II. proclaimed, C. 2. 1 declares against the Peace of 1648. C. 2. 34 L. Lalor the Priest indicted of Praemunire, 11 his Equivocation ibid. London City their Articles with the King about their Plantation in Ulster 16 Lords of Ker●y and Slain, dispute Precedency 29 Lords Courcey and Sa●sfield dispute the Title of Kingsale 43 Lord High Steward appointed to try Lord Dunboyn by his Peers 42 Limerick deals barbarously with the Heralds 166 and as bad by the Ld Lieut. C. 2. 21 is taken by Ireton, C. 2. 69 Lorraine, Duke, his Negotiation, 25— 27 M. Mountjoy, Lord, made Lord Lieutenant, 8 goes to England ibid. Monasteries rebuilt 10 Mele●ont surrendered 82 Munster, the Transactions there An. 41. 93 Anno 1642. iii 1643. 129— 143 1644. 144 1645. 157 1646. 189 1647. 196 1648. 203 Munster Towns revolt C. 2. 12 Mahonyes' libellous Book published 198 N. O-Neil, Sir Phelim, repulsed at Lisnegarvy 82 yet refused to treat of Peace 87 Nuncio arrives: 153 and opposes conclusion of the Peace, 155 and delares against it when made, 166 and endeavours to intercept the Lord Lieutenant 169 is Generalissimo of two Armies C. 2. 17 which he marched to Dublin. 17 and prefers a 〈◊〉 Wr●tch to a 〈◊〉 20● and Excommunicated the Supram Council, etc. 199 and leaves the Kingdom, C. 2. 3 O. Ormond comes to Dublin 75 obt●●●● a Victory in Kilrush 106 and another at Ro●● 3 is made Lord Lieutenant 137 is like to be intercepted by the N●●●●io's Party 169 therefore Treat with the Parliament of England 179 and renews that Treaty 187 and surrenders Dublin 193 but returns to Ireland 202 and concludes the Peace of 1648. 204 marches towards Dublin, C. 2. 4 is defeated at Rathmines, C. 2. 7 Excommunicated by the Irish, C. 2. 31 and leaves the Kingdom C. 2. 5● Oxford, the Negotiation of the Irish Agents there 138▪ 139, 140, 141. 〈◊〉 P. Papists generally come to Church 9 are mutinous in the Parliament 23 send Agents to England 25 revol●e from the Army 86 Parliament intended in Ireland 18 and called 21 disturbed by the Papists 22 but 〈◊〉 with Effect 30 Plot of the Irish of Ulster discovered, 33 another Plot discovered 56 Pope forbids the Oath of Allegiance 141 send a Bull to the Irish 12● Proclamation against Popish Clergy 53 St. Patrick's Purgatory discovered to be a Cheat 54 Parliament of Ireland s●●d a Remonstrance to England 61 and a Petition with a Schedule of Grievances 164 and impeach the Bishop of Derry, 〈◊〉 Lord chancellor, etc. 65 i● 〈◊〉 Ann● 1644. 137 and makes a Remonstrance of Thanks to Ormond 188 Pale, Lords and 〈◊〉 of it rebel 76— 83 are ill used by the Irish of Ulster, 93 Peace 〈◊〉 of Anno 1644. 143 the Treaty resumed, Anno 1645. 150 Lord Digbies Letter to hasten it, 151 the Assemblies Declaration concerning it 152 it is opposed by the Nuntio 155 and ●●but●d in the Assembly 156 but is concluded 162 and published 165 and immediately broken 166 and rejected by the Assembly 185 Peace of 1648 made 204 Preston, General, proclaims the Peace, 165 and breaks it 170 his Letter on that Occasion 170 his & Oneals 〈◊〉 & Propositions, 173 his Engagement and Oath to the Nuntio 170 yet he agrees with Ormond 181 and breaks that Agreement 182 for which Ormond reproaches him, 183 Popish Clergy meet at Kilkenny, 123 and at Waterford 166 and at Cl●anmacnoise C. 2. 14 and deal deceitfully with Insiquin and Ormond C. 2. 19 they meet at James●Town C. 2. 25 and Excommunicate the Lord Lieutenant, and endeavour to revive their first Confederacy, C. 2. 50 & 53 R. Rebellion of the Irish▪ 1641. 72 ●ruel beyond Example 73— 93 and no less treacherous 77, 79, 82 discovered by Owen O●Conally, 74 Lords of the Pale engaged in it, 76 Irish pretend the King's Commission, 78 Declarat. of Irish Parlm▪ against it, 80 the King's Proclamation against it, 86 Read, Sir John, rack●, and why 104 Remonstrance from Longford 80 from the Irish at Trim 110 Rupert, Prince, at King●ale C. 2. 1 S. St. John, Sir Ol●ver, Lord Deputy 33 is removed 36 and made Lord Grandison, etc. 36 Spanlard has liberty to raise 4000 Men in Ireland 71 Supreme Council appointed 126 are imprisoned by the Nuntio 170 make Cessation with Insiquin 199 are Excommunicate▪ by the Nuntio, ib. T. Tyrone, Earl, renews his submission, ● rebels again 12 and is attainted ibid. Tredagh besieged by the Irish 88 taken by Insiquin & Cromwell, C. 2. 4, 8 V. Universities of Valadolid and Salamanca, their judgement 3 Usher, Bishop of Meath, preaches before the State 39 but is forced to explain his Sermon, ib. Ulster Transactions Anno 1641. 98 Anno 1642. 114 1644. 147 1645. 160 1646. 190 1647. 198 1648. 203 W. Waterford loses its Liberties 34 Wentworth, Lord, made Ld Deputy, 55 calls a Parliament ibid. which gave six Subsidies ibid. be returns to England 57 his Speech at the Council-Board, ibid. he returns to Ireland 58 and back to England 59 and returns Earl of Strafford and Lord Lieutenant ibid. holds a Parliament which grants four Subsidies ibid. his Impeachment and Defence 66 A Table to the Appendix. I. A Letter from the City of Cork. II. Owen O-Conally's Examination. III. The Irish Remonstrance from Longford. iv The Lords Justices and Councils Letter to the King. V The Irish 〈…〉. VI An excellent Answer to it. VII. The Lord Macg●●re's Examination. VIII. The Lord of G●rmanstown's Commission. IX. Dr. Jones' Examination. X. Dr. Maxwell's Examination. XI. The Irish Declaration, upon what Terms Protestant's might live in their Quarters. XII. The Declaration of the Irish Parliament against the Rebellion. XIII. The King's Proclamat against the Rebellion. XIV. The Irish Oath of Association. XV. The Pope's Bull. XVI. The Articles of Cessation. XVII. The Lord Insiquin's Complaint for the Breaches thereof. XVIII. The Declaration of the English Parliament against the Cessation. XIX. A Proclamation of an Irish Governor, against Commerce with the English. XX. The Army's Remonstrance. XXI. 〈◊〉 Propositions of the Irish Protestants to the King at Oxford. XXII. Instructions on which they were founded. XXIII. The Irish Propositions at Oxford, and the Answers 〈◊〉 them. XXIV. The 〈◊〉 of Peace 1646. XXV. The Munster ●●tition against that Peace. XXVI. The Articles between Sir Kenelm Digby and the Pope. XXVII. Articles made with the E. of Glamorga●. XXVIII. The King's Letter about Glamorgans' Peace. XXIX. The Determination of the Popish Clergy, about restoring Churches to the Protestants. XXX. The Declaration of the Congregation at Waterford, against the Peace of 1646. XXXI. The Nuncio's Excommunication of the▪ Adherents to the 〈◊〉 of 1646. XXXII. Preston's Engagement & Oath to Nuncio. XXXIII. Marquess of Clanrickard's Engagement. XXXIV. Preston's Engagement to the L. Lieutenant. XXXV. The Declaration of the Papists against the renewed Peace. XXXVI. The Declaration of the Assembly against the Peace of 1646. XXXVII. Clanrickard's Letter about the Proceed of the Irish. XXXVIII. Articles between the Marquess of Ormond and the Parliament Commissioners. XXXIX. The Remonstrance of the Army in Munster, January 1647. XL. Instructions for the Irish Ambassadors 〈◊〉 Foreign Princes. XLI. Friar King's Letter to the T●t. 〈…〉. XLII. Ormond's Declaration on his arrival, 1648. XLIII. Articles of Peace 1648. XLIV. A Circular Letter from the Popish Clergy in approbation thereof. XLV. Remedies proposed by the Popish Clergy, and the Answer. XLVI. The Address of the Popish Clergy to the Lord Lieutenant, and the Answer. XLVII. The Commissions to the Titular Bishop of F●rns, etc. to treat with Foreign Princes. XLVIII. The Declaration and Excommunication of the Lord Lieutenant by the Popish Clergy at James-Town. XLIX. Marquess of 〈◊〉 Information, and the Observations thereupon. Errata in the Letter▪ Page 14. line 29. deal forty. Page 17. deal 1678 in the Margin.