ARTICLES EXHIBITED TO The Honourable House of COMMONS Assembled In PARLIAMENT, Against the Lord Inchiquine Lord Precedent of Munster, Subscribed by the Lord Broghill and Sir Arthur Loftus Knight. Together with a full and clear answer their unto made whereby it appears that the said Articles are false scandalous and full of groundless aspersions. Subscribed by Rich. Gething Secretary to the said Lord President. LONDON, Printed for Hu. Tuckey, at the Black Spread Eagle in Fleetstreet, over against St. Dunston's Church. 1647. To the Reader. BEing employed by the Lord Precedent of Munster into England in June last to negotiate some affairs for that distressed Province I took notice that there were certain Articles presented against his Lordship to the Honourable House of Commons, and subscribed by the Lord of Broghill and Sir Arthur Loftus Knight, and delivered to the speaker of the House of Commons, and meeting with a copy thereof, which I hear came from a person relating to the informing parties or one of them, who (probably) designed the publication thereof to aggravate thereby those aspersions against his Lordship, and to render him and his honour more publicly culpable. I have taken upon me, being well acquainted with the particulars contained in that charge by reason of mine attendance on his Lordship and the transaction of much of his business to compose a full answer thereunto, and to publish the same, which was forborn till now, in expectation that the Honourable House of Commons would have long ere this have had some leisure and opportunity to hear and examine the said Lord Presidents vindication to those Artcles, unto which purpose they have been several times moved, but by the interposition of more weighty affairs his Lordship ●ould not arrive to that degree of happiness, by means whereof he hath lain still under the scandal of them so much to his prejudice as that the Army under the command of his Excellency Sir Thomas Fairfax have (upon misinformation of some particular persons well known for by respects to bear causeless ill will to the said Lord Precedent taken cognisance of that accusation, and made use of it against some of the impeached members within making his Lordship, a party thereunto, to his Lordships very great dishonour and disadvantage, and therefore the duty and affection I owe to truth and to his Lordship, that I might endeavour to undeceive all such as have been herein misguided in their thoughts, I have been induced to vindicate his Lordship in this kind, which being vented with judgement and impartiality will undoubtedly argue the informers egregiously and maliciously mistaken (I'll say no more) in their objections, and his Lordship evidently innocent of these pretended crimes. Richard Gething. Secretary to the Lord Precedent. Articles humbly presented to the Honourable House of Commons assembled in Parliament against Murrogh. Brion L. Baron of Inchequin and Lord Precedent of Munster. 1 THE Custodiums which by his Lordship's instructions should have been employed to the Public use or for the reward of well deserving Officers have been conferred upon Officers that actually served against the Parliament in England, and upon his own menial Servants, as Barbers, grooms, etc. who have thereby been enabled to live in plenty, when many others of good merit have been in exceeding great want. 2 That his Lordship hath placed so many Officers that have actually served against the Parliament in England, in commands in the Parliaments Army in Munster, that upon a rumour of the Earl of Ormonds coming down with an Army against that Province, it was thought fit to administer an Oath to all Officers and Soldiers of the Army that might oblige them to be faithful to the Parliament which was laid aside upon Consideration that the Cavaliers were so numerous in the Army, that their refusal of it might endanger the loss of the Province. 3 That one Charles Honesey an Irish Papist, who in the beginning of the Rebellion served as a Lieutenant of Horse on the Parliaments side, and afterwards went to the Rebels, where he actually served against the English and in the cessation surprised a considerable Calile in the Parliaments quarters in Munster called Barries Court, and in process of time became a Collovell of the Rebels, and Lieutenant of their Ordnance, afterwards had a protection given him by the Lord Precedent (his Regiment then in being) contrary to the advice of some of the Council of, some of the Province who was consulted with about it. 4 That one Peers Perri●er who had rob many English, and that had been at the besieging, taking, and pillaging of many English men's Castles where he expressed much barbarousness to the English, and who had and yet hath two sons Officers in the Rebel's Army who were at the besieging of Tonghall, yet notwithstanding the said Ferriter had a protection from his Lordship though he lived in so remote a part of the Country, as that we could not probably derive any advantage by in and which he made use of to the Parliaments ships that touched upon that coast as he gained from them Ordnance and Mun●… which we are credibly informed he afterwards employed against the English, and notwithstanding all this his protection stands still in force. 5 That one Dominick Ferriter son to the said P. Ferriter being brought to Cork by Admiral Moulton, as in hostage for the said Pierce his delivering up a considerable Island in the West, then and now in his possession to the Parliaments forces upon demand the said Dominick was set at liberty by the Lord of Inchequin upon 500 l. Bond of one Crosby and Fites Morris two Irish men, the latter also having served against the Parliament in England, and yet had foot companies given them, by his Lordship, since August last, the said two Captains being as his Lordship well knew) not worth so many shillings, the said Dominick being out upon their bai● fled to the Rebels, and hath since raised a foot company to serve against the Protestants, but the sa●d two Captains were not questioned until after the arrival of some of the new Colonels which was about February last, though the said Ferreter was fled long before. 6 That one Lombard living at Limrick in the Rebel's quarters had his Rent duly taken up for him in the city of Cork by one Punch an Irish Papist (since dead) being authorized thereunto by a Warrant from the said Lord President and that since the laid Punch his death one Ge●. G●●pere Steward to the Lord Inchiquine was authorized by the said Lambert by Letter of Attorney to continue the receiving of the said Rents. 7. That one Fitz Patrick a notorious Rebeil and of very near kin to the Lord Precedent was admitted into the Garrison of Cork to treat with him to the great dishartening of the well affected English, And that suddenly after the said Fitz Patrick being there, his Lordship employed one Captain Alexander Piget a confident of his own) unto Dublin upon pretence of carrying Letters to the Parliaments Commissioners then sent to treat with the marquis of Ormond, but delivered them no Message or Letter, though he met them at the Harbour's mouth (returning after the treaty was broke off) yet went he then into Dublin, and continued there about a fort night for which he was never questioned. 8. That upon a discourse betwixt his Lordship and one Colonel Pollard about the King, and his Lordship delivering up the Garrisons of that Province to the Parliament, his Lordship said these words, viz. If the King had dealt by me as he might have done, things had not been here as now they are. 9 That their hath been great abuses in the stores of Victuals by his Lordship. 10. That there hath been divers Priests Soldiers in Command, some of the Rebels supreme Council, and some of their general Assembly protected by his Lordship. 11. That public Mass hath been frequently said in Cork and in Kinsale since his Lordship being made of the Province by the Parliament. 12. That his Lordship going to besiege a Castle called Ballimartire belonging to one Edmund Fitz Gerrald (a notorious bloody Rebel and his Lordship's Uncle) gave order to an Officer of the Army to go into the Castle, and there to signify to the Priests and Religious men that his Lordship was content they should have free liberty to be, Provided they went away before the Guns were planted, which Sir Arthur Loftus having told his Lordship that if the Parliament should know of such actions that they would desert us, Whereupon the Message was forborn. We whose names are subscribed do undertake to have all these above mentioned Articles sufficiently proved. Broghill Arthur Loftus. The answer to the said Articles. To the First. 1. THat Custodiums according to the Lord Presidents Instructions were employed to the public use, or for reward of well deserving Officers, and for the contentment of the Officers generally when means was short, or rather when there was no means at all stirring and for the encouragement of such as did both raise and reinforce their Troops and Companies at their own costs and charge, and by their own Industry without having any advance from the State. That not Custodium hath been conferred, on any Officer that hath served under the King until he had actually served the Parliament, nor upon his menial Servants, but such as were Members of the Army, or where the Proprieter had made over some precedent interest or engagement unto them, upon the expelling the Irish out of Cork, and other Garrisons it was of good advantage to the State, That his Lordship should place any persons in the several Messages and Tenements in the Towns and Lands in the Country on condition to repair and uphold the housing, which otherwise being waist and uninhabited would have fallen to the ground and to encourage tillage about the Garrisons or otherwise the Lands would have lain waist and the Soldiers have wanted quarters to lodge in both in Town and Country, neither were they then of any yearly value, and if the Lord Precedent had not so granted them, they were no Tenants or under takers that were able to stock or manure them, or to give any considerable Rent out of them which yet the Officers did pay to the public by Takes, Rates and impositions▪ laid as occasion and the necessity of the Army required. And the Lord Precedent hath been induced to offer houses to several persons on condition only to keep them up, with promise that if they were not allowed to hold them a considerable time, they should be reimbursed their charges and though by that means many of the bonies were preserved, yet for want of Inhabitants, and more such undertakers about 3000. good houses in Cork, and near as many in Yoghall have been demolished by the Soldiers finding them empty, and for want of firing on their guards, and in case the Lord Precedent wanting means to maintain his Servants, had assigned them Custodiums or some profit out of their estates, which by his industry were subject to Custodiums it is conceived to be without prejudice, and to the advantage of the public service, his Lordship having taken care that an exact account upon oath should be kept of all profits of Custodiums to the end the State might be answered for the same out of the pay of the Officers or otherwise, and if the profits and values of those Custodiums granted to his menial Servants as Grooms and Barbers, etc. Who are not Officers of the Army were computed, they would not amount unto 40. l. per annum at that time, and the same may be charged on the Lord Presidents account, and so no disservice to the State can arise, As for the imputation that his Servants lived in greater plenty than others of their quality, it is but a bitter insinnuation, or if they did live so, it was by their own industry, and if others of better merit were in want 40. l. per annum would have afforded them but little relief, and it was so little the Lord Presidents desire the State's Interest should want improvement. That he hath often importuned and desired by his several addresses hither to the House, and to the several Committees, that a Committee might be sent over for the settling and taking of accounts of Custodiums and for leasing out Houses and Lands for some such term as might induce Tenants to give a certain Rent after the Officers had improved them and drawn in Tenants upon them, and such a Committee his Lordship was promised, and an Order was made for sending them away in September 1645. which occasioned that his Lordship in expectation of them did nothing of himself in order to the recalling of the Custodiums, And further assoon as the Lord Precedent did arrive the Commissioners appointed long before, did deliver in a Book at the Council table of the Custodiums, their values according to their returns made unto them upon oath, of which Custodiums divers were granted by the Lord Broghill during the Lord Presidents being in England his Lordship having then left him his Vice President. To the second. 2. That many Officers who had served against the Parliament in England were placed in Commands there is true, And it is as true, and well known to the Lord of Broghill and Sir Arthur Loftus that the most part of them were not of his Lordships placing therein, as the Regiment which upon surrender of Wareham to the Parliament, conditioned to be recruited to receive a months' means, and to be sent for Munster, and the Regiment sent over with Sir Arthur Loftus consisting for the most part both Officers and Soldiers of such as had served the King against the Parliament, and were taken Prisoners at Nazeby. Besides the Officers and Soldiers that were at several times sent over by the Parliaments Generals out of Wales, Cornwall, and other parts, and were enlarged and sent into that service, by order of the Parliament or of the Committees of the House, and the Lord Precedent hath not preferred any such Officers of his own accord to Command, but such as have approved themselves faithful, and have well deserved there, and of whose fidelity to the Parliament, and cause he is well assured, and that none of them is tainted with any disaffection though often in much want and extremity nor did any that served the Parliament want preferment to his Lordship's power. It is true, that upon a report of the Lord Ormonds breaking off with the Parliaments Commissioners. It fell into debate whether such an Oath (as is in the Article mentioned) were not necessary, and it being conceived that most of those Officers even of those that had served the King were sent out of England by the Parliament and had taken the Covenant, and given testimony of their fidelity in that service it was judged unnecessary and pleaded against by the Lord Braghill with much earnestness late opinions and not upon the considerations in the Article mentioned. And the Lord Precedent did conceive, (and hopes it will be so esteemed) that he did the Parliament good and acceptable service upon expelling the Irish about 3 years since being at that time in want of Officers, to draw over such Officers and persons of quality as he had interest in to serve the Parliament, whereby the King's Army was much impaired, and the Parliaments Army against the Rebels strengthened. To the third. 3 It may be, that one Charles Henesey had a safe guard or Letpasse for certain seasons, and for some short time undertaking to lay down his Arms, and to submit to contribution with the county according to the general Articles, and that he had a protection thereupon, but if his Regiment were in being (as in the Article is mentioned) his protection was thereby forfeited and upon notice thereof (if the Relators had acquainted the Lord Precedent therewith) he would have given warrant for seizing his Person and goods, as in like case was usual, and it is certain the Officers of the Army would have suddenly taken the penalty thereof, as they had in like cases, whereby some have got good booty, and have made it very penal to the delinquents, but some further cause may be assigned for granting such protections to him, in order to the State's service, if any such be had, of all reasons it can with least Justice be imputed either to favour, or affection, or any other by respect, the Lord Precedent abhorring such courses he having hanged this man's brother in the market place at Cork And so fare was the Lord Precedent from granting this man any thing, of particular favour, as that he had often threatened to hang him where ever he could be attached, for that very act in the Article mentioned viz. the betraying and surprising of Barries court. This Henesey being a man of so base extraction, and of so little esteem with the Rebels themselves, as that in reason the Lord Precedent could neither have respects unto him, or ends upon him. To the fourth. That Peirce Ferriter hath succoured, relieved and preserved many of the distressed, stripped English at the beginning of the Rebellion and since hath been sufficiently attested, and is upon record, but that he ever rob or pillaged any, 〈◊〉 never yet appeared to the Lord Precedent. That he was a great means of relieving the Fort of Ballingarry (a place of great importance in the West of Kerry on the Sea coasts, and impregnable by force maintained by Captain David Crosby against the Rebels see 4 or 5 years at his own charge principally, until the number of 80 men were reduced to three, is a pregnant truth. That the Island of Blasques which Master Perriter in Habiteth being a league of the Coast, affords great refreshing to our shipping being at Sea, or anchoring about the mouth of Shanon, called the river of Limerick will be acknowledged where they have been frequently supplied, with fresh meat and water, and that the Lord Precedent did grant him a safeguard (intending to make use of him for the relief of Ballingary) desiring the Seamen to forbear prejudicing of him during his good deportment is probable; but if it had been made appear, that he had committed any act of disadvantage to any of our party since that safeguard. The Lord Precedent would not only leave the shipping at Liberty to take revenge, but would have incited them and contributed thereunto, if he have made any advantage of the Parliaments shipping it is more than the Lord Precedent could foresee, yet the Lord Precedent did desire that he might be furnished with some necessaries to encourage him (though not artillery) having some design towards these parts, and it appears the Seamen were cautions of letting him have any thing but on good assurance, for they took his son (as Hostage) for what they delivered, and if the Relators understood he employed the Guns or any thing he had of them against the English, and did not inform the Lord Precedent thereof, they were to blame and yet that he should in those remote parts employ them against the English is improbable, there being no English Garrison nearer him than Baltamors, or Castle haven about 80 miles distant from him, especially considering how little friendship he had with the Rebels, from whom he had taken two ships that came under his Island, as manifestly did appear unto the Lord Precedent. To the fifth. That Dominick Ferriter was brought as an Hostage to Cork by Admiral Moulton is apparent, but whether for delivery of an Island, or for restitution of the two small Guns, and the Ammunition delivered to his father is doubtful. But this being either determined or depending at a Court of War, the Relatons might have spared the Honourable House the trouble of debating it. That Dominick being bailed by the two Gentlemen in the Article mentioned, made an escape is true, but that those sureties were taken by the Lord Presidents direction, doth not appear, you probably it might be so, That those men offering to be bound body for body, and not being then of the Army, were accepted by his Lordship's approbation, And where they are said to be Irish men the one of them viz. Captain Crosby hath been always bred a zealous and good Protestant, and the son of a Protestant, always accounted an English man, and never served but against the rebels, and the other is of English extraction (as the Relators are) and always bred a Protestant, and admitted here to go over a Volunteere after he was taken prisoner, where he took the oath, and hath faithfully served against the Rebels, and for the penal sum wherein they became bound, though it surpass their abilities at present, yet it may be in their power to recover or satisfy for the said two small Guns and Ammunition (the chief engagement whereon Ferriter lay at stake) for the doing whereof time was desired of the Court of War. That they were not questioned sooner after Ferriters' departure was by reason the Lord Precedent had not information thereof till they were made Officers, and then his Lordship being made acquainteed therewith convented them before a Council of War, and whether any new Colonels, who had been long a coming, were come over then or no is not material, and it seems the business was a while forborn in expectation that the Gentlemen might procure Ferriters return, or to procure that Guns for which he engaged him, whereof they were confident to recover the one or the other, in reasonable time, the judgement of Crosby and the other to become bound for young Ferrtter being for that his father had been, so friendly and effectual a means for relieving Crosbies' brother, when besieged with the Rebels in the Fort of Ballingary at several times. To the sixth. 5 That Lambard being an inhabitant in the City of Cork never acted any thing to the prejudice of the Parliament, but on the contrary did give the Lord Precedent intelligence, and Caution of the ill affection born unto the English Army by many of the inhabitants of that town, and of their practice and combinations with some of the Rebels abroad in that County, whereupon he was at the expulsion of the Irish (among some few others that have done service in the same kind) promised by the Lord Precedent that he should enjoy the benefit of his Estate, in and about the City whilst he lived in our Quarters, which he accordingly did receive by his Attorneys) whereof one of them might be the Lord Precedent Steward for aught he knew) after his removal towards the County of Limrick he did give the Lord Precedent advertisement of what he would leave among the Rebels to the advantage of the service, which when he ceased to do whereby the Lord Precedent apprehended he was joined with the Rebels, his Lordship gave order that stay should be made of the profits of his estate, and that they should be converted to the use of the Army. To the Seventh. 7 That Fitz Patrick pretending some negotiation, that might much conduce to the good of the Parliaments Army, was admitted by advice of the Council into the Garrison of Cork, where he made an overture from Owen Ree Oneal, on the behalf of the Pope's Nuntio, That the Lord Precedent would stand Neutral, and suffer them that were of the Nuntios party to dispute their differences with those that adhered to the peace, with the Lord of Ormond by the sword, used arguments to persuade the Precedent not to incline to Ormonds' party, for that he and all the Butlers had ever hated the Lord Presidents family with much discourse to that purpose, whereunto the Lord President and Council gave such answer, as they conceived would tend most to the aggravation of those differences betwixt the Rebels, and yet keep them free from engagement towards them, And of this proceeding, the Lord Precedent did give an account by Letter to the Lord Lieutenant or Committee of Ireland, and therefore it is a strange proceeding in the L. of Broghill and Sir Arthur Loftus (who could not be ignorant thereof) to charge this as a fault on the Precedent: After this about the space of a Month, and after it had been long debated at the Council and that Sir Piercy Smith, and Lieutenant Colonel Cook had been nominated to go and desired to be excused, Captain Alexander Pigoe, whose father and family had no obligation to the Earl of Ormond was by his own desire (having newly heard of the death of his father) sent to Dub●●● with Letters to the Commissioners appointed by the Parliament, there to treat, and to the Lord Ormond with an answer to a Letter he received from him, which was sent to the Lord Precedent by Captain Willoughby chief Commander of the Parliament Ships then there, wherein the Lord of Ormond declared to the Precedent his intention to stand for the Parliament, and did desire his assistance. But upon Captain Pigot's coming to the Bay of Dublin he found the Commissioners (not as in the Article is mentioned at the Harbour's mouth) to be gone the day before, whereupon he communicated his directions and instructions to the Commanders at Sea, Captain Willoughby, Captain Moulton and such others as were there, who did advise, give way to, and approve of his going into Dublin to see his disconsolate Mother and Sisters, and sent to Dublin for a pass for him, And thereupon his Letters to the Lord of Ormond and his instructions he left in Captain Willoughbyes' hands lest he should be searched, his instructions being to communicate his Letters to the Lord of Ormond first with the Commissioners of the Parliament and all that he had in charge to negotiate with Ormond being that he would send some Agent into Munster with private directions, to some that commanded several places of strength in the Rebel's quarters, (and were likely to comply with his Lordship) to deliver up their Commands to the Parliaments Army, upon signification of his intention unto them, as also that his Lordship would cause the Sword and other Ensigns of the Majorality (which the late Major of Cork stole away and presented to his Lordship) to be sent down. But Captain Pigot did not confer with the Lord of Ormond about any thing, as he is ready to depose being now in this City, and that the main cause which drew him thither, was to relieve and visit his distressed Mother, and Sisters who were sent to that Town stripped by the Rebels even to nakedness, being thirteen in family, and his Father holding out a Castle of great importance against the Rebels, called Disert in the Queen's County then lately was betrayed and surprised, and in the most inhuman manner that hath been heard of murdered and his body cast forth into a ditch, his son, his Chaplyn and most of his men with him to the number of 42. being also foully butchered in the presence of his Mother who with her daughters were stripped, and barbarously by them driven through the fire. The Gentleman and his Father Sir Robert Pigot having been persons of fair estates, and the greatest eminency for their zeal and affection to Religion that their times and those parts did produce as is generally known to all the well affected thereabouts. And cannot be 〈…〉 to Sir Arthur Loftus being Cousin jermaine to the said distressed widow now in this City. To the eight. 8. The words supposed to be spoken to Colonel Polland. The Lord President doth in the first place deny to have uttered any word to that sense, whereunto they are wrested to the said Colonel, who denyeth that he ever heard the said Lord President use any words to that effect, or that the said Colonel ever reported them to any person whatsoever from the Lord Precedent, in manner and form, and in the sense as they are charged in the said Article, which may the more probably receive credit in reginald his Lordship's practice hath been utterly repugnant thereunto, in the transaction of all his business. To the ninth. 9 The abuses in the store charged to be committed by his Lordship is a notoricus scandal, and so known both to the r●latou●● and the Lord of Broghill himself, hath with the rest of the Officers in general by an Instrument dated the first of August last, vindicated the Lord Precedent from it to which vindication this Article may justly be referred for an answer, And this charge is indeed a most injurious Calumny for that the Precedent hath been ever most careful, and tender to prevent any abuse in that kind, and hereof the Clerk of the Store, and Commissary of the Magazine would be best able to acquit or accuse his Lordship. In the mean time it will appear that the Lord Precedent hath out of his own purse and provisions, and out of his Mothers and Friends supplied the stores when greatly exhausted, and when heavy Encumbrances and deep danger would have risen to the State's Interest if his Lordship had not used his diligence Industry and Credit to prevent them as is well known even to the relators themselves, and as it hath been already by the said Instrument, so will be again clearly attested, And on the close of all accounts will be fully evidenced. To the tenth. 10 That some Priests have been included within the Articles of Contribution within the Country (without which the Country, would never have submitted, and without which the Army could not have subsisted) is confessed. But that Soldier's supreme Council men or men of the general assembly were protected being in Command or known to be of the supreme Council is not so, for Soldiers none were protected but upon the general Articles of Contribution, that is to lay down Arms etc. which was done out of a considerable regard to take off as many as was possible from the stronger part of the Rebels which was held to be that of the Nuntios, and to balance their Forces so that one part might not be able to suppress the other readily, but that the differences might be upheld, wherein our safety (before the Forces arrived) did for a long time consist. But moreover our own quarters were thereby much improved and inhabited, the Rebels impaired, our markets the more plentifully replenished, and at easier rates, and our Contribution made more considerable and certain, and more punctually paid. For men of the supreme Council it is denied that ever any of them were protected, being so, and known to be so. It might fall out, that when the late supreme Council was supplanted and suppressed, and a new one erected there might some of the old have protections for their Tenants and Cattles, as some that were formerly under contribution might be chosen of the new, which can in no reasonable construction reflect on the Precedent. For those of the general assembly, it is said that when the divisions grew happily to so great height that there was violent siding on either party. The Lord President and Council did esteem it neither ill policy nor ill service as their condition was then) to increase and uphold those differences all they could, and to that end being sought unto by some persons of the country, that were to be of their Nationall assembly did encourage and engage them to oppose the predominant party amongst the said Rebels at Kilkenny and did let fall words which might encourage them to hope that they would descend them against the adverse party, and for this end and to gain intelligence of the Rebels proceed, and transactions the L. President did protect some (but none save those formerly under contribution) that went to the General assembly with the privity of the Council, and by that means had frequent advertisements thence, and did thereby undoubtedly contribute so much to the aggravation of the differences, as that 3 several times they fell to blows with their drawn swords in their great convention which probably had not determined there, if the interposition of their Friars and Clergy, and the Lord of Ormonds unexpected offer of the the surrender of Dublin have not concurred to allay their heats one towards another, and make them entire. To the eleventh. 11 That Mass hath been said pubickly in Cork or Kingsale fithence the L. Presidents Commission, and with his privity, allowance or connivance is denied. To the twelfth. 12 That the Lord Precedent might send a message, or intent one in the nature of a summons to the Castle of Ballimarter, is but agreeable to all proceed military in like cases, and that the Castle of Balimarter, was commanded by a Friar or Priest is possible, or that the L. Precedent might think of sending such a message, the more to affright or terrify the rest of the Defendants (having hanged a Priest, but at the last Castle he took before) or the more to facilitate the delivery up of the place, by the rest that should remain if the Priests (who had power over their consciences) were gone is not improbable. But that his Lordship, did the same, in favour of their Clergy, or in a desire to preserve them, is a most injurious Insinuation, His Lordship having hanged a priest (with them a famous Deane] at the last Castle he took as aforesaid, lying near Ballimarter. That he hanged also one of their titular Deans at Bandon Br. and the double hanging of Friar Francis Matthews, a great Provincial Factor for the Pope, and highly esteemed, and his death mightily resented by the Queen will testify his little affection to their Clergy, which being real truths will merit greater credit and consideration, then to admit of what would be enforced on this suggestion, as for Edmund Fitz Gerald, who is a notorious rebel, and uncle to the L. Precedent by half blood, if his relation had been nearer it will contrary to the intent of the Relaters, much assert the Lord Presidents integrity in that he made choice of first of all to fall into the country which belonged to a person so near unto him of kin, where he first took his eldest sons Castle, and afterwards his own, which he blew up with powder, and demolished it as near as he could, staying himself in person to see it done, till the Rebel's Army were advanced over the black water to relieve that place, and drawn within less than two miles of it, being only hindered and delayed in their march by our Horse facing theirs, and forcing them to two several stands till their foot drew up to them, And if this Fitz Gerald had been his father, the destroying of his country, excepting him out of all benefit of quarter, when that Country did afterwards submit to Contribution will manifest as little favour towards that Rebellious bloody faction, as these Articles hold forth either of justice or conscientiousness, when these things are urged against his Lordship as crimes which are known to the Relators to be highly conducing to the State's service. And to the end the matter of protections might be rightly understood it being alleged that the L. President did grant them out of his affection to the Irish, which is the more likely to gain credit because he is that Countryman by birth, It will appear that nothing but extreme necessity did occasion his granting of them, that without that course had been taken the Parliaments, interest then could not have been preserved, that he granted them not without advise and consent of the Counsel whose advice and direction he hath been directed by the Parliament to follow, and that he used such caution therein that it was expressly conditioned that each Inhabitant who took any protection should lay down Arms, the advantages and necessities of which course may abundantly satisfy all men that are not prepossessed with passion or prejudice, & besides this course was the same which for great and weighty reasons and considerations hath usually been taken by such as have been employed by authority of this present Parliament, as fit to be continued till they may conveniently supply the Army, in such manner as they may not be necessitated to admit of protected Rebels to contribution and to markets for a subsistence, and if any man be yet unsatisfied, they may be pleased to take a view of an instruction given to the Commissioners of Parliament, employed to the Lord of Ormond in Nou. 1646. Appearing in the book of treaty with his Lordship pag. 55. viz. you or any 3. of you have power hereby to give protection to such as will come under contribution and to give them the best fafeguard you can by the countenance of the forces serving under the Parliament, And in their explanation of their instructions in pag. 32. paragr. 3. it is expressed that power is given (as by the said Instructions of the 16. of Nou.) to protect such as will come under contribution and to give them safe guard by the countenance of the forces serving under the Parliament, according to which they are to be protected in their persons and estates aswell from the violence of the Soldiers under the Parliament as of the enemy, And this to be extended to all without distinction of offence or Religion, This was offered by the late Commissioners to the Lord of Ormond and afterwards all their Offers upon his Lordship's last overture, were approved by Order of both Houses of Parliament dated 22. Feb. 1646. And the Commissioners had particular instructions to make them good, as by their Proclamation dated 23. of june last did publish, so as no man can justly tax the said Lord Precedent with favouring the Irish in this his proceeding tending so much to the Parliaments service, in preserving their interest and the lives of many thousand poor Protestants who have lost their fortunes for their sakes. Rich. Gathing Secretary. FINIS.