A TRUE COPY OF THE SENTENCE of War pronounced against Sir Francis Annesley Knight, and Baron Mountnorris, in the Realm of Ireland, in the Castle Chamber at Dublin in Ireland, the 12. of December 1635. TOGETHER WITH HIS LORDSHIP'S Petition against Thomas Earl of Strafford, exhibited into the honourable assembly of the Commons house of Parliament the seventh of November, 1640.  
LONDON, Printed for J.B. 1641.   

THE HUMBLE PETITION OF SIR FRANCIS ANNESLEY Knight, and Baron Mountnorris, in the Realm of Ireland. To the Honourable assembly, the Knights, Citizens, and Burgesses, of the Commons house of Parliament.  
HUmbly showing that whereas Your petitioner for divers years past, hath been employed by his Majesty, and his late Royal Father in divers offices, and employments of great trust and eminence within the Realm of Ireland, wherein to the utmost of his power, he hath faithfully discharged the trust in him reposed with the public approbation and satisfaction both of this, and that State and Realm, in Testimony whereof, his Majesty was pleased to dignify your Petitioner with the stile he now bears. Yet the Right Honourable Thomas Earl of Straford, Lord Lieutenant, lately Lord Deputy of the said Realm of Ireland, having conceived a causeless distaste against your Petitioner, and thereupon endeavouring the revenge of some supposed personal neglect, and the undue advancement of his own ends and instruments by the dishonour and ruin of your petitioner; his Lordship without any just cause at all not only stripped and deprived your petitioner of those honourable employments with contumely, and reproach, but also of his own private fortunes, and the birthright, and liberty of a subject: a short view of part, of which your petitioners sufferings he humbly presents in these ensuing particulars.  
1. First, whereas his late Majesty, King james, by his highness' Letters, bearing date the first day of October in 14. year of his Majesty's Reign, did appoint your petitioner to be one of the principal Secretaries, and of the Council of State for that Realm, whereupon your Petitioner was sworn and admitted accordingly; And whereas after, viz. the 8. day of June in the sixteenth year of his said Majesty's reign, his said late Majesty by his letters Patents under the great Seal of Ireland did grant unto your petitioner, as well a pension of 200. l. Per annum for the exercise of the said office, together with the Fees thereunto belonging, as also the office of Custody of the privy Signet, with the incidents thereunto to be held by your petitioner during his life immediately after the death, surrender, or forfeiture of sir Dudley Norton, who held the same office & pension during his life, by force of which premises, as your petitioner faithfully executed the said office of Secretary, without fee during the life of the said Sir Dudley, who was for many years infirm, and unable to execute the same; so he ought to hold the said office and pension since his decease or surrender, according to the effect of his Majesties said Patent; yet upon pretence of a discoursesie supposed to be done by your Petitioner to his Lordship's brother, Sir George Wentworth: his Lordship obtained a surrender to be made by the said sir Dudley Norton, in or about the 12. day of july, in the tenth year of his now Majesty's reign, and contrary to all right and justice procured the said offices, and fees to be conferred upon sir Philip Manwaring, who notwithstanding your petitioners often requests and petitions to his Lordship for relief still holds the same under the protection of the power and greatness of his Lordship.  
Whereas his now Majesty by his Highness' Letters patents, bearing date the xxx. day of May, in the first year of his Highness' reign, did appoint your petitioner to be his Vice-treasurer, and general receiver of his revenues within the said Realm of Ireland during his Majesty's pleasure, with the fees and profits thereunto belonging, and appointed your Petitioner to be Treasurer at wars in the said Kingdom by his Majesty's Letters of the 13. of june 1632. And whereas your Petitioner did refuse at his Lordship's solicitation to make a dishonourable sale of the said offices, the said Earl being therewith enraged, and thereupon endeavouring to captivate not only your petitioners said Offices, but also his honour and life, to his Lordship's power and pleasure, his Lordship in a time of public peace and serenity within that Realm, the 12. day of December 1635. did call a Council of war, and did accuse your petitioner of some words supposed to be spoken by your petitioner many months before, tending in his Lordship's strained construstion to the disturbance of government, and without allowing your Petitioner liberty of clearing his innocence in a Legal manner, or so much as an hour's time to make his just defence, proceeded to sentence at the same time, and although the said supposed words were no ways criminal, yet his Lordship contrary to all justice, did cause the sentence of death to be pronounced against your Petitioner, being a Peer of that Realm, as by the Copy of the said sentence hereunto annexed may appear.  
3. Though his Lordship for the further advancing of his own ends did partly forbear the execution of the said sentence, yet by colour thereof his Lordship forthwith disposed of your petitioners Foot-company; and committed your petitioner prisoner to the Castle of Dublin, where he was contained from the said twelfth day of December 1635. until the sixteenth day of April 1637. And within that time your petitioners papers, Cabinets, trunks, and other places of his house, were strictly searched by some of his greatest adversaries, by his Lordship's direction; And your petitioner for the space of twenty days was kept close prisoner to the extreme hazard of his life, until at last he was forced to purchase his liberty by submission to the said  and illegal sentence, and by the accepting of a pardon for the same.  
4. His Lordship taking advantage of your Petitioners Condition, and endeavouring not only to justify his former proceed, but also to convict your petitioner, and render him a delinquent without a defence, did issue a Commission to Commissioners of his own choice and nomination, who during your petitioners imprisonment examined divers witnesses touching some misdemeanours falsely charged upon your petitioner in his office of Vice-treasurer? which being returned, and the effect thereof transmitted into this Kingdom, his Lordship by this, and other undue practices, brought your petitioner into disgrace with his Majesty, and thereupon procured the said offices of Vice-treasurer, General receiver and Treasurer at wars to be conferred upon Sir Adam Loftus Knight, who had been formerly one of your petitioners accusers.  
5. Whilst thus your petitioner had his offices taken from him, his honour and integrity injuriously calumniated; his liberty restrained, his life not only subject to the mercy of the said Earl, but extremely endangered by a continual sickness caused by his imprisonment, his Lordship not therewith content, caused an Information to be preferred against your petitioner in the Castle chamber, touching the several supposed misdemeanours enquired of by the said Commissioners, wherein though your petitioner was no ways conscious of any guilt, yet finding his Council awed by his Lordship's power, his Judges to be such as were formerly his inquisitors, the witnesses pre-engaged by an extrajudicial examination, could expect no less than a sentence against him notwithstanding his innocence; your petitioner was put to this miserable choice, either to suffer continuance and addition of his miseries, or otherwise to make such a submission as his Lordship pleased, whereupon your petitioner was enforced in an ignominius manner to make submission, hoping thereby to purchase his liberty, and go into England according to his Majesty's directions, though by so doing he could not effect the same, but his imprisonment was continued notwithstanding.  
6. Whereas aswell by the fundamental laws of that Realm, as also by his Majesty's declaration published in print upon return of a Commission, and by the advice of many grave and wise Commissioners sent from hence into Ireland for examination of the grievances of his Majesty's Subjects in that Realm; the Lord deputy and Council are not to meddle upon Titles of Inheritance between party and party; or in business belonging to the Cognizance of other Courts; or to alter possession: yet his Lordship upon a paper petition to him preferred by Kichard Rolston against your petitioner touching the manor of Teemore in in the said Realm, after 18. years quiet possession thereof by your petitioner, hath decreed the said lands to the said Rolston, and by his own warrant removed your petitioner out of possession thereof.  
7. Whereas also by the said laws of that Kingdom, and by the said declaration, proceed before the Lord Deputy and Council for things remediable in other Courts, or by paper-petitions, and the abuses of Habeas corpus within that Realm are prohibited, yet upon a paper Petition preferred to his Lordship, and the Council by one Walter Peppard, touching land of Inheritance in the Petitioners possession, his Lordship hath retained the said Cause for his hearing, notwithstanding your Petitioners legal exception thereunto. And upon the like paper petition preferred to his Lordship by Arthur Manwaring, his Lordship hath for divers years delayed, and frustrated the benefit of an execution which your Petitioner had against him for a debt by bond, and yet no end of the said Manwarings vexations suits before his Lordship, & such other Referrences as his Lordship appoints.  
8. His Lordship Rated your petitioner for the payment of his Majesty's Subsidies in 1000 pounds in the King's books, whereas men of fare greater, visible and known estates are not charged with hadfe that proportion, your Petitioners estate being very mean to support the condition and quality of the honours graciously conferred upon him by his Majesty, and his Royal Father in acceptance of his faithful services, and his wife and eleven children.  
Now, forasmuch as your Petitioner is no ways guilty of the crimes under which he hath suffered, and yet it hath been the height of his Lordship's endeavour, not only to bereave your Petitioner of his honour and fortunes, but also (as much as in him lay) of his innocence by the said extorted submission, and obtruded pardon, he here relinquisheth all advantage of defence by the said pardon, and freely submits the Crymes to him imputed to the scruting and determination of this honourable and impartial assembly: and forasmuch as the said oppressions sustained by your Petitioner do not only in the highest degree concern your Petitioner in his innocence, honour, liberty, and fortunes, but alsotend to the public abuse, and scandal of the Laws, liberties, and justice of both Realms, and to the introducing an Arbitrary form of government, your Petitioner humbly offers the premises to the consideration of this Honourable Assembly; And humbly prays such reparation therein, as to this Honourable Assembly shall seem to stand with right and justice,  
And your Petitioner shall daily pray, etc.   

BY THE LORD DEPUTY AND GENERAL OF THE ARMY, and Council of War.  
WENTWORTH.  
WHereas the Kings most excellent Majesty by his Highness' Letters of the 31. of july last directed to us the Lord deputy, hath been graciously pleased to signify, that as he shall ever expect that all due Reverence shall be given by his Subjects to the Person whom he appoints to be his Deputy, and General of his Army, within this his kingdom of Ireland; so on the contrary he shall hold them blame-worthy, especially being persons who have received their dignities from him, or hold their places of honour, and trust under his Government, and yet shall forget their duty that way in their words or actions, to the ill example of others; And taking notice of the carriage of the Lord Mountnorris, his Majesty's Vice-treasurer, and Treasurer at wars here (who holds a Captain's place in his Majesty's Army) by uttering some speeches inciting a Revenge upon us the Lord Deputy and General, from a Lieutenant of this Army for performing the duties of our place, with modesty and good reason, in the time of exercising our Troop, which his Majesty in his said Letters declares to be an offence much unbeseeming the gravity of a privy Councillor, to us the Lord Deputy; and the duty of a Captain to his General, and not to be suffered in any well governed Army, where good discipline must be the Rule and square of every man's actions: And therefore being very sensible of the honour of us his Deputy, and General of his Army, which may suffer herein, and be of ill consequence in the future. He hath by his said Letters willed and commanded us the Lord Deputy and General upon receipt of those his Letters, to call a Council of war, and after a due examination and proof of those speeches by the Lord Mount-norris, his Majesty's express will and pleasure is, that he should undergo and be liable to such censure, as the said Council should impose upon him, for the full reparation of us his Deputy and General, in that point, and that there be no failing in putting the same in due and speedy execution: In obedience to which his Majesty's Commandment, We the Lord Deputy called a Council of war, who being this day assembled. We the Lord Deputy in the presence of the said Lord Mount-norris did charge him with this offence: That within three or four days, or thereabouts after the end of the Parliament, it being mentioned at the Lord Chancellor's table, that after We the Lord Deputy had dissolved the Parliament, being sitting down in the presence Chamber, one of our servants in moving a stool, happened to hurt our foot, then indisposed through an accession of the Gout, That one then present at the Lord Chancellor's table, said to the Lord Mount-norris being there likewise, That it was Annesley his Lordship's kinsman, and one of our the Lord Deputy and General's Gentlemen Ushers that had done it: Whereupon the Lord Mount-norris then publicly, and in a scornful contemptuous manner answered, perhaps it was done in revenge of that public affront which my Lord Deputy had done him formerly, but he has a Brother that would not take such a revenge, which charge being so laid, the Lord Mount-norris was required by this Council of war to make answer thereunto, who going about to answer it, and yet neither confessing nor denying them; This Council after some time spent therein, required him to answer the said charge, either negatively or affirmatively, yet would not confess or deny them, whereupon the witnesses vouched for proof thereof, were called, namely our very good Lord, the Lord Viscount M●ore, and Sir Robert Loftus Knight, son and heir to our very good Lord, the Lord Chancellor, persons who though they were not the original relators of his Lordships said discourse to us the Lord Deputy, yet being present when the said words were so spoken, were conceived to be able to give testimony therein: And therefore were called to be interrogated withal thereupon, who being examined before this Council upon oath ministered unto them by the Clerk of the Council before us, by commandment of us the Lord Deputy, and their dispositions then reduced to writing, and subscribed by them in our presence, and in the presence also of the said Lord Mount-norris, who heard them affirm the same, It thereby appeareth, that the said Lord Mount-norris uttered and spoke the said words in manner and former, and at the time and place aforesaid: The charge laid against him standing then fully proved: The said Lord Mount-norris at last submitted himself to the judgement of this Council, protesting that what interpretation soever his words might have put upon them, he intended no prejudice or hurt to the person of us the Deputy, and General, affirming that by these words; but he hath a Brother that would not take such is revenge, his Lordship meant only, that the said Brother would die before he would give us the Deputy and General, occasion to give him such a Rebuke. We fell in the next place to consider as of the nature of the offence▪ so of the punishment due thereunto: And first for this nature of the offence, we conceive it to contain, first a calumny against the person of us the Deputy and General of the Army, insinuating by these words, the public affront, or the disgrace, which my Lord Deputy had done him formerly, that indeed there had been such an affront or disgrace put upon him by us the Lord Deputy, whereas in truth it was nothing so, but that which was pretended by the Lord Mount-norris, to have been the said disgrace, or affront to his kinsman was this: That his said kinsman (being one of the horse troop commanded by us the Lord Deputy) in the time of exercising the said troop was out of order on horseback, to the disturbance of the rest then in exercising, for which we the Lord Deputy in a mild manner reproving him, as soon as we turned aside from him, we observed him to laugh and geere us, for our just reproof of him, which we disliking returns to him, and laying a small Cane (which we then carried) on his shoulders (yet without any blow or stroke then given him therewith) told him that if he did serve us so any more, we would lay him over the pate: the truth of which fact appeared unto us by the relation of His Majesties said Deputy, and our General, avowed and confirmed by two of us the Captains; namely the Lord Kirkudbright, and Sir Frederick Hamilton Knight, who then saw the manner of it, and now sat as members of this Council; which said Act was by this whole Council adjudged to have been a fare milder proceeding with the said Annesley, than such an Insolence, and disobedience to any Commander, much more to his General merited, and therefore it was a speech savouring doubtless of malice, to insinuate that as an affront or disgrace, which was indeed a justly merited, but mild and modest reprehension, and admonition, Secondly, we conceive the offence to contain an incitement to a revenge in these words, but be has a brother that would not take such a revenge, Which incitement might have given encouragement to that Brother, being then and now in this Kingdom, and Lieutenant of the said Lord Mount-norris, his foot Company, to the said Annesley, himself being continually so near the person of us the Deputy and General, or to some other to have taken up resolutions of dangerous consequences, and the manner of speaking the words, do so fare aggravate them, as there is no place left for any indulgent construction to be made of them, nor indeed any construction but such, as renders the speaker a delinquent in a high and transcendent manner against the person of his General, and his Majesty's authority; whence we derive our power. This Council also took it into consideration, that if the like words had been spoken of the sacred person of our dread Sovereign Lord the King, they had amounted to little less than high treason, which by some rule of relation apply themselves even to his Majesty, being directed to the person of his Deputy, and the revenge thus insolently vaunted to have been taken upon him, being done when we the Deputy and General had that great and high Honour (which we always esteem ourself in ourself fare unworthy of) as to be apparelled, and robed with his Majesties own Robe of Majesty and Sovereignty. We consideted likewise the time when these words were spoken, when part of the Army was in motion, and when there were divers Companies of foot, and troops of horse in town, and daily in exercising and training, whereat for the most part we the Deputy were present, and the town full of people from all parts of the Kingdom, as then unreturned back to their own dwellings, from their sitting in Parliament. In the next place for the punishment due to his offence, we judge it to be an apparent breach and contempt of the one and fortieth Article of the printed laws and orders of war, established for the good conduct of the service of Ireland, dated the thirteenth of March 1633. and published in print by us the Lord deputy soon after our access to this Government in these words of the said Articles; No man shall give any disgraceful words or commit any Act to the disgrace of any person in his Army or Garrison, or any part thereof upon pain of imprisonment public disarming and banishment from the Army as men for ever dis-abled to carry Arms. And which is more in like breach and contempt of the thirteenth Article of the said printed Laws and orders of war, the words of which Article are these; No man shall offer any violence, or contemptuously disobey his Commander, or do any Act or speak any words which are like to breed any mutiny in the Army or Garrison, or impeach the obeying of the general, or principal Officers directions, upon pain of death; which Articles are no other than the very same Articles this Army had always been governed by in the time of the late Lord Faulkland, Lord Wilmot, and other the Generals before them; And therefore this Council of War in conformity to his Majesty's gracious pleasure signisied as aforesaid, and us well to vindicate the honour of Us his Majesty's Deputy and General of his Army, from the wrong and contempt under which we now suffer, to the scandal of this Government, and to the ill example of others, as also to deliver over to all which bear Office, or are lifted as members of the Army, under the rule and government of us his General an example of justice, for them to take warning by, how they presume to offend against the authority entrusted with us by his Majesty, do hereby adjudge, order and decree, that the said Lord Mount-norris stands justly and deservedly liable to undergo, the censures, pains, and punishments by the said forty one, and thirteenth Articles provided against the breakers of all good Discipline, and the transgressors against those orders, which are by the said forrie one Article Imprisonment, public disarming, and banishment from the Army, as a man for ever disabled to carry Arms, and by the said thirteenth Article death; And therefore according to the said Articles this Council do unanimously, with one joint consent (not one of us being of other opinion) adjudge the said Lord Mount-norris for his said high and great offences, to be imprisoned, to stand from henceforth deprived of all the places, with the Intertainments due thereunto, which he holds now in the Army, to be disarmed, to be banished the Army, and disenabled for ever bearing office therein hereafter; And lastly, to be shot to death, or to lose his head at the pleasure of the General.  
Given at his Majesty's Castle of Dublin the twelfth day of December 1635. Valentia, 

Tho. Cromwell,  
R. Ranelagh,  
R. Dillon.  
Lau. Esmond,  
Kirkud Bright,  
Io. Borlase,  
Cham Coote.  
Tho Weinman,  
Ar. Tiringham,  
Ar. blundel,  
Faith: Fortescue,  
Ro. Farrer,  
Io. Borlase,  
Tho. Roper.    
FINIS.