A REMONSTRANCE OF THE RIGHT honourable james earl OF CASTLEHAVEN and Lord Audley Concerning his Imprisonment in Dublin, and escape from thence. Laqueus contritus est& nos liberati sumus. Reviewed, corrected, and augmented. SAGITTAE TVAE ACVTAE IN CORDA INIMI CORVM REGIS. depiction of heart with arrows Printed at Waterford by Thomas Bourke, 1643. TO THE KINGS MOST Excellent majesty. SIR, The little hopes I have, that this short Remonstrance, or any Petition of mine, sent or to be sent, shall arrive to the Honour of your view, makes me careful onely to set down Truth, and little look at a Style befiting the address. Your majesty by the following discourse may perceive( if any Copy of these shall be so happy as to fall into your hands) the sufferings of many your faithful subjects of Ireland, though of all none goes so near me, and I believe the rest, as that by the Iustices and some of the State here, our actions are daily misrepresented to your majesty, and through theirs and the Art of their friends in England all means are deprived us, either by Petition, or verbal Relation, to vindicate ourselves and charge them. royal Sir, were I conscious to myself, that I did merit the Title too frequently, I fear, given me, I would not presume thus boldly to subscribe myself, what I am and ever will be, SIR, Your Majesties most loyal and faithful subject CASTLEHAUEN AUDLEY. A REMONSTRANCE OF THE Right Honourable james earl of Castlehaven and Lord Audley. whereas my Escape out of sheriff Woodcocks house in Dublin, where I was near twenty weeks a Prisoner, is likely to occasion various discourses& conjectures, I have thought fit, by advice of my friends, to remonstrate the truth of my case. After having, with the rest of the Peerage of England for the space of near a year, served his majesty there. First, in his great council at york, and then in the Parliament: but still under the awe and terror, either of the Scotish Army at Newcastle, or the rude Rabble at London: at length many of the Lords( as well wearied with that extreme slavery, as unwilling to be any longer eye-witnesses of the affronts daily multiplied on the King and queen, and other intolerable insolences tending to the destruction of Monarchy, and establishing of Popular Government) retired themselves to their several houses: And I with his Majesties leave, approved by the Lords of Parliament, about the feast of S. Michael the Archangel 1641, came into Ireland. Where shortly after appeared the sparks of the ensuing war, that now by fire and sword doth rage throughout this kingdom. Vpon the first discovery whereof I with all possible speed repaired to Dublin, and there not onely offered my service, but sued to the State for employment for the suppressing of that Commotion. But it was refused: answer being given me by one of the Iustices and others of the council, That the Character I bare of Papist made me uncapable of Trust, nay even of arms to defend my own House from Robbers. At this time the County of Kildare( where Iresided) was quiet,& held so till about mid November. But now the tide of Confusion began to overflow those banks also, which occasioned my second journey to the Iustices and council; where after having made a faithful narration of the state of that County, I became an humble suitor, that a Troope of Horse might be presently sent down, averring that a small force would then do that, which the month following might be work for an Army. But the effect of this journey was only their Lordships Thanks, with an unanimous licence from the whole council. That until they were able to relieve me, I should make faire weather, and preserve myself and mine by the respect they knew the country bare me. But this helped me little. For shortly after, most of the chief of that County declared themselves: So that the rest of the winter, I was enforced to stand on my own guard, with watch and ward, both day and night, keeping my Brother M. Maruin Touchet, or some other always at Dublin, from time to time, expecting the commands of the State. The winter now past, and faire weather coming on, about Easter the English Army( commanded by the Lieutenant general now marquis of Ormond) in it's march to Leix, lodged some four miles from my house, whither that night, by the respect of the Lieutenant general, was sent a safeguard. And in thankfulness, the duchess of Buckingham, the earl of Antrim and myself went the next morning to salute his Lordship and his Army: where we were so received, as stood well with the Honour of that Great Lord and Noble Commander. After some dayes, his Lordship, having now relieved the places in distress, and finished his design, in his return, and in sight of my house, though three miles from it, was the Encounter betwixt the English Army and the Irish, commonly called the Battle of Kilrush. Whither, because I in Cuerpo, with my three or four men, without gun or Powder, did not come, and being to pass through thousands of the Irish, I am said by the Malicious to have discountenanced the Kings Army. The evening after Victory, his Lordships march being near my house, he was pleased with some of his chief Commanders to refresh themselves there. And in the night his Lordship wanting a guide to conduct him and his Army some four miles to their Quarters, I would trust none with that charge but myself. Notwithstanding this my respect, it must bee given out, That so great an entertainment was never intended for the Lieutenant general and his followers, but rather for the Lord Viscount Mountgaret, and the rest of the Rebells. To this point divers witnesses are examined against me, though God knows, I expected not either of their coming thither. By these misinterpretations of my Actions, I thought I must no longer sleep, doubting that my quiet living in the country, drew envy on my person. So that I resolved to put myself into the Fashion, that is, to leave my house to be burnt, my stock of all sorts( being of great value) to be a prey to whosoever would take them, and to look at nothing, but to save myself and people, with some choice goods. To this purpose, I presently resolved to move the State at Dublin, that I might have licence to go for England, it being the custom of this kingdom not to depart without leave. But, as I was dispatching the messenger, a letter unexpected fell into my hands, delivered me by one of my servants, but the bearer never came to my presence. I opened it, never asking or considering from whom it might come. I found it subscribed by the Viscounts Gormanston& Nettervill and the Lord of slain. It was to this effect. That in obedience to his Majesties Proclamation, they and the other united Lords and Gentlemen, had laid down arms, To intimate which to the State, they had sent one Lieutenant colonel read, from whom they had not heard: And that nevertheless daily their own, and their Tenants houses were burnt, their goods taken and people killed. They desired that I would mediate with the State for a Cessation of arms, and that a place might be appointed, where they and their Confederates might meet to draw up their grievances, and so haue free access, by way of Pitition, to present them to his majesty. With this letter I presently sent another from myself to the State, wherein I seemed to wish some good return might be made; but it happened otherwise. For answer to their Lordships they would make none at all, alleging, they were Rebells and Traitors. And after many frivolous exceptions taken to my letter, as one, That I did not also call them Rebells and traitors, they admonished me to have nothing to do with them, and in stead of licensing me to go for England, They commanded I should not depart the kingdom without leave. All this while, from the first opening the ways from Dublin to my house, I was frequently at the English Garrisons,& had always with me, either troops or Troopers of the English Army. And now finding my unhappiness, that how candid or sincere soever my Actions or Meaning was, I must still be mistaken, I packed up all I could conveniently carry, and resolved presently to go to Dublin, where I would make my abode, till I had leave to pass for England. But some few dayes before my intended departure, news is brought me, That by chance some of my friends at Dublin had discovered, that I stood indicted of High Treason: for it was done with great secrecy. Amazed at this sad and unexpected news, the next morning by five of the clock, I post for Dublin, giving order that al my best furniture& linnē should be presently sent after, which accordingly was done. My stock of all sorts( as the Marquis of Ormond and Sir Arthur Loftus well know) I bestowed for the use of the English Army,& desired nothing in recempence, but only that my people, with the remainder of my goods, might be brought self to Dublin, where I was now gone to purge myself. But I continued there for many dayes without any notice taken of me, though I presently acquainted the Lords Iustices and many of the Counc●ll of my arrival, and the cause. So that it was then thought, and may yet be believed, that they hoped by that Indictment, rather to have frighted me, as they had done thousands of others, into Rebellion, as they term it, then that they had any good evidence against me. But I not willing to lie long under that title of infamy, went myself to the council, took notice of my Charge, and desired that with all convenient speed, I might be brought to my Purgation. Hitherto it is evident I thought not of an Escape. The council, after some debate, confined me to Master Woodcocks house, one of the Sheriffes of Dublin. From whence after a day or two, I sent a Petition to the State, and it was to this effect, Laying down by many particulars the improbability of my associating myself in this war, as that I was a peer of England, that the main of my estate lay there, and the little interest or power I had in this kinghome, that my accusers were of base condition, and would have been taken off for a small sum of money, and that two of them, namely Ennis and his son ran away from the English Colours with their arms, and afterwards served against them at the battle of Kilrush, and the third William Collis had been saddler to some of the Irish Army( whereby it is most evident, that beside what other reward these men might bee promised they were made sure of their lives) that the jury, who found this indictment on the evidence of these men, were persons of the same nature and condition, as particularly one Francis Dade, who had associated himself with the Irish, changed his Religion,& went to mass. This man having forfeited his life according to their rule, they make a leading juryman, and I believe a witness, he not daring to deny what they would have him do or say. In fine that there was not one gentleman, or scarce a landed man amongst them. For these reasons, and for that it had been frequently granted to others in the like case, I desired to be bailed. Answer was returned to this modest Petition, that the witnesses were no Rebels, but Espies; So that, what I had said, was no impeachment to their testimonies, and in general they thought not fit to grant the Petition. Well, though I thought that as well this answer, as the whole proceedings somewhat harsh, yet I did not much weigh it: For shortly after was to follow Trinity term. At which time I assured myself, that by my innocency I should bee set free both from prison and blame. Oh, but here I was much deceived. For this term must be otherwise employed. For though through hanging, racking, and barbarous treaty of such as submitted on the Kings Proclamation, thousands had declared themselves for the country, which were in all Post-hast going to Dublin to put themselves under the protection of the State, yet there were as many more that stood at a gaze, as most unwilling to run the common course, and yet loathe to bee handled after this rude manner. Against these must bills of indictment presently be drawn, and Grand-jury-men picked for the purpose. And to strike the business dead in the eye, fearing these men were not wicked enough, the Iudges of the Kings chief Place on the Bench delivered, as part of their charge. That they must not be scrupulous: for that common famed was now evidence enough to find a Bill of Indictment. Notwithstanding this great and holy employment of these Reverend Fathers of the Law, they must yet do something more to show their Grandeza. That was, I by a Habeas corpus must bee brought into the Court before them, where after I had been sufficiently looked at by their Lordships and the people, I was remaunded back to the place whence I came, without any thing said unto me. This term finished, and the Iury-men having well acted their parts, some of the Iudges are dispatched for England, to show there, that the Pen in Ireland had been as active as the Sword, and that now for the destruction of, at least, al the prisoners, there wanted little, but that old saying, Hang-man do your Office. It is no great wonder, that now, how innocent soever I was, my head should begin to ache. Yet a Session of Parliament being shortly to follow, I conceived good hope of fair play there: But when I saw the composure of this great tribunal: That the upper house consisted of no more then five or six temporal Lords, and some Bishops, The house of Commons( anciently the representative body of the kingdom) for the mayor part of Clerks and Clerks men, few having any land,& those illegally chosen, as by Muskatiers, and a rabble of such like Free-holders: I began to think, that such a kind of Parliament might err,& feared nothing more then a trial there. And surely I had reason, when nothing would serve their turns, but a Cessation of poinings Act during that Session. By which they were freed from transmitting their bills into England, and so might make laws, as in their discretions they thought fit; and I have too great cause to believe, they would have made one for attaynting me, and the rest of the prisoners. All this while no means is untried to make matter against me. For as before witnesses were rewarded, by giving them their lives being forfeited: So now to others rough language must bee used. One John bide being examined before Sir Robert Meredith concerning me,& not answering as was expected, the said Sir Robert demanded his Religion: the honest man replied a Protestant. Ah quoth he, by thy answers thou shouldst have a little Pope in thy belly. And now, having by many such indirect ways, furnished themselves with plenty of evidence, they begin to affront me, by disarming my men, by pul●●ng one Master Henry Slingsby out of my Chamber, coming by accident with a gentlewoman to visit me, saying. He was a Romish Popish Iesuite, it being well known, he was no such man: and so carried him to prison. And lastly, the Sherisses house is now thought too weak for so great a traitor. Hereupon a writ is issued to the sheriff, to bring me with a strong guard to the inns, where the Iudges were, being near half a mile: from whence I must be sent to the Castle, a loathsome prison of itself, but the inhumanity of the jailer, by name Manwaring, after Hell, makes it the second place for misery and affliction. Well, I thought it now high time, as the Iudges had summoned my body, I should recollect my wits. And as I stood considering my case, a passage in the earl of Straffords trial occurred to my memory. He stood much upon his justification, and demanded the benefit of the law, but Master St Iohas replied, that to Hares, Deere,& other innocent creatures, law was afforded, but to wolves, Foxes, all other such like vermin, any means might be sought for their destruction. Now I finding myself hitherto dealt with as one of these, although I waved the malice of the Woolfe, I made some little use of the Foxes craft, and for that present feigned myself si●ke, and on information thereof given, my attendance on the Iudges was spared till the morrow. Having thus gained time, I well pondered all which hath been before related, together with, If I were a traitor, to whom it was? The King himself I found pursued both with Pen and Sword, by an Army of his own people; whosoever followed or adhered unto him declared Rebels and Traytors; The queen his royal Consort, flying from place to place, like an exiled or banished woman; by Mr Martins and divers the like speeches in the house of Commons in England, that his Sacred Majesty was not fit to bear the Office of a King, and that he might be deposed, and much more to this effect, as may bee seen in divers printed papers; which language in that place going unpunished, I could not conceive that the authors of such insolences, or the swaying malignant part of the State here, who from time to time took their directions from them, could adjudge any thing against his majesty treason. O, but I remembered that in a Book of the Kings relating truly all the passages from the first of this Parliament to the 12. of August, he complains of two great officers lately set up in England, who usurped the regal power, the one is a general for the Land, the other admiral of the Sea. But to these I never ought allegiance, and so consequently could be no traitor to them. I then began to consider the condition of this kingdom, as that the state did chiefly consist of men of mean birth& quality, That most of them steered by the influence& power of those who were in arms against the King, That they had by cruel massacring, hanging,& torturing been the slaughter of thousands innocent men, women,& children, better subjects then themselves, That they by all their actions show, they look at nothing, but the extirpating of this Nation, the destruction of Monarchy,& by the utter suppressing of the ancient catholic Religion to settle& establish puritanism. To these I could be no traitor. near about the time of this my exigency, I was much cleared by a visit I received from sir Arthur Loftus, son to sir Adam Loftus, a leading instrument in all wicked designs against his Majesty, telling me( as joyful news) that the Parliament had lately given the King a total overthrow,& that he was now reduced to so low a condition, that by the next we should certainly hear the King had submitted to the Parliament, and till that were done, things would never do well. Here I took my resolution, with Gods help, not tamely to die butchered,& so to have my innocency smothered, but to preserve my life( I hoped) more to the honor of God and service of King Charles, and that by escape. Now forasmuch as the most immediate way into England was blocked up, I resolved a trial to gain a passage by Wexford into France,& from thence into England, conceiving I should have been forthwith able to have put myself into a sum of money, to have born my charges, by the sale of such plate, goods,& stock, as I had in the country. But I was not many houres out of Dublin before I was pursued by some troops of Horse, sir Arthur Loftus leading them: who that night came to my house in the county of Kildare,& missing me, killed some of my servants, hurt divers,& after having rifled the house, they set it, and all about it on fire. And besides all my servants prisoners, they carried away more then the worth of five thousand pound in plate and other goods. Here my wings being clipped, all that I had to carry me abroad or keep me at home, being thus taken from me, together with the distractions in England, that I could make little or no account of my estate there: In this streight I thought fit to apply myself to the great Assembly or the kingdom of Ireland. Who having given me full satisfaction for their assembling,& that their taking arms was but natural, as to defend themselves& theirs from those aforesaid barbarous cruelties:& that they desired( as may appear by many their Instruments in writing) nothing but the free exercise of their ancient Religion, then just Laberties,& the preservation of this crown unto his majesty: I having some interest both in Honour& Estate in the country, associated myself with them,& they after some time that I was amongst them( more out of Charity then merit in me) offered me the Generalship of their Horse of the Province of Leinster, which I thankfully accepted: And now in my Colours bear this Device, Sagittae tuae acutae in corda inimicorum Regis. For the executing whereof, I desire GOD no longer to prosper my actions, then my Heart, Hand, Sword, and prayers shall be readily and cheerfully employed therein. Having, with much trouble to the Reader, endeavoured to vindicate myself in this Remonstrance; I conceive it loth proper& charitable in this place to labour to acquit him, who I understand hath unjustly suffered for my sake, I mean sheriff Allen. The Protestant sheriff woodcock, to whose custody onely I was committed, went unpunished for my escape, as really he knew nothing thereof; But sheriff Allen being a catholic, who had no charge of me, nor acquaintance with me other then that I often saw him, when he came to treat with his brother sheriff about the City-affaires. he poor innocent man( for so I take God to witness he was, as to my escape, or to any word let fall to that effect to my knowledge, or that I can guess, is with all inhumanity dragged to prison, most of his goods seized upon& taken away,& a great number of souldiers cessed upon his house, whereby,& being made uncapable to receive his rents, or debts, or to follow any other way he had to gain a living by, his Wife& Children from that day forth were exposed to the charity of their friends,& he endured imprisonment for a whole year in misery. How justisiable or conscionable this proceeding was, I will not argue, much less aggravate, having discharged my Conscience, the matter itself both to God& the world crying loud for Iustice. FINIS.