TRimCOPIE OF THE SENTENCE of Warre pronounced againil Sir Francis Annefley Knight,and Baron vorris, in the Realme of Ireland, in the Ca¬ ttle Chamber at Dublin in Ireland3 the 12,of December 1635- ' r Together WITH HIS LORDSHIPS Petition againft Earle of .Sto^onfaxhibited into the honourable affembly of the Commons houfe of 7 Parliament the feventh of November, 1640. IP'*- ,7 LONDON, Printed for 1641 X vt THE PETITION OF SIR Francis Annesley Knight, and Baron Mountno, in the Rcalmcof IrtUnd. t \ . \ > .\V, :)Jl To the Honorable affembly, the Knights, Citizens, and Burgeffes, of the Commons houfe of Parliament. "* V* V i ' * . ' • ■ * • ^ ^ V Umblj fhewing that whereas Your t'eifc tioner for divers yearespaft^ hath betnt imployed by his Majejty, and his last Roy all Father in divers offices y and em¬ ployments of great trufc and eminence within the Realme ^/Ireland, wherein to the vtmojt of his power, heehath faithfully difeharged the truft hi him repofed with the publike approbation and fatisfafti- on both of this, and that State and Realme^ in Tefiimd- nj whereof \ his Majcftie was pteafid to djzntfic yoft B HOfit, to MM, tardy Lord Deputy of the faid Realm of Ire- land, having cmeiveditcanfclejje difiafie ggainfiyour Petitioner, and thereupon ipdevouring the revenge of fom fuppofed perjonall neglcLt,and the undue advance- mefitof his owne ends and inflruments by the dijhonour and ruineofymr petitigner^htt Lor dfhip without any.] aft oaufe at alfjkot onlyftript-and deprived your petitioner of Wofi honourable imployments with contumely, and re- phacfrfatalfiofhis owne priv*tejbrtudcs,&ndthebirth- right. and lihertie of a fubjeff: a fiort view of part who was for many yeans fagot 5 fo hoe ought to u_ £ hold hold the [aid office and pewtim rendery according to tent xiyetupon by your Petitioner to his Lordfhips brother ^ Sir George Went worth .• his Lordjhip obtained a furrender to bee made by the [aid ftr Dudley Norton, in or about the 12. day of Inly, inthctenth yeareof his hops Majejlies raigne^ and contrary toad right and jufiice procured the faid offices, and fees to bee conferred upon fir Philip Man waring ,who notwithfianding your petitioners of¬ ten requefis and petitions to his Lordjhip for releefe fiiU holds the fame under the protection of the power and greatneffe of his Lordjhip. Whereas his now Majtjly by his HighneffcLetters pa¬ tents,bearing datethe xxx.day tfMay,tn thefirfiytart of his Bighneffe raigne, Aid Appoint your petitioner to be hit Vice-treafurer, and generall receiver of his revenues within the faid Kealme of Ireland during his Majefiies pleaftireyivith the fees and profits thereunto btldhging; and appointed your Petitioner to be Treafurer at wane* in the faid King dome by his Majejlies Letters of the tfi oflune 1632. And whereas your Petitioner did reftife at his Lordfhips felicitation to ma ke a diffonOufahle fa(b of thefaid offices,the fiid-Earle being therewith enraged- and thereupon endev oaring to. captivate not onUyyour petitioners faid Qfficesfimt alfb his honour and Itftfie his i&dfhipspower and pjfilike peace and firemty within thatxRealmefihei^ day of December 1635. -did call a Coance/laf&arfoZ ayfidid^ccufe yoHr\petitime bofi^tfinding in his LordjhipsfiraynedconftrufimmlfidiCfurba^cdff. B 2 govern- (A) government,ondwhhout allowing yonr Petitioner liberty of aleering bninnoceneleinaLegall manner, or fo much asanbourestime to moke hisyufi defence proceeded to fntence at the fame time, wd although the fatdfuppofed words were no wayes criminall, yet his Lordjhip contrary to aUjUjliee, di.d caufe thefentence of death to he pronoun¬ ced agatnfiyour Petitioner,being a Peere of that Realme, as by the Copy of the faid fentence hereunto annexed may appeare. 3. Though his Lordfhip for the further advancing of his owneends didpartlyforbearc the execution oft he faid fentence,yet by colour thereof his Lordfhp forthwith di- Jpofed of your petitioners Foot-company • and committed your petitioner prtfoner to theCaJlle of Dublin,where he Was contained from the faid twelfth day of December 1635. vntilL the fixteenth day of Apnll 1637. And within that time your petitioners papers,Cabinets,trunks, and other places of his houfe, were driftly fare bed by faneff ha greatejladverfaries,by his Lord [hips dire- ft ion-, Andy our petitioner for the /pace of twenty dayes was kept clofe prtfoner to the extreme hazard of his life, vntill at la(I he was forced to purchafe his liberty by fitbmtfliontothe JaidvnjuJl and illegall fentence, and by the accepting of a pardon for the fame. ■* 4. His Lordjhip taking advantage ofyour Petitioners Condition, and tndevouring mmely to jujfifie his for- nyer proceedings, but alfttto cmvift your petitioner- and render him a delinquent without a defencey did iffue a Cmmfion to Commi fioners of his Owne choyce and no- mhWmiprfo during ympnitmeriimprifohment ex- rnnined divtrs witmffts touching fime mifdemeanours fulfil1} charged upon your petitioner in bis office office- treafureri (5) treafurer ? which being returned,and the effett theref tranf mined into this Kingdomey his Lordjhip by thisy end other undue praltifes, brought your petitioner into dffgrace with his Majefly, and thereupon procured the [aidoffices of Vice- treafurer, Generall receiver and 7reafurer at warres to bee conferred upon Sir Adam Loftus Knight,who hadbeene formerly one ofyour petitioners accttfers. 5. Whilfl thus your petitioner had his offices taken from himy his honour and integritie in)urioujly calumniated, his libertie refrainedyhis life not onely fubjelt to the mercy of the [aidEarle, but extreamely endangered by a continuall frckneffecaufed by his imprifonmentyhis Lordjhip not there¬ with content, caufedan Information to be preferred againfr your petitioner in the Cafrle chamber y touching the fever all fuppofed mifdemeanours enquired of by the(aidCommifio* nersy wherein though your petitioner was no wayes confident of any guilt, yet finding his Cottncell awed by his Lordjhips power,his fudges to bee fuchas wereformerly his inqutfi- tors, the witneff'es pre-engaged by an extrajudicial exami¬ nation y could expetf no leff? then afentence again ft him not- with (landing his inmcencie •, your petitioner was put to this miferable choyce, either to fiujfer continuance and addition of his mtfertes yor otherwife to make fuch a fiubmifion as his Lordjhip pleafedywhereuponyour petitioner was nforced in anignominius manner to make jubmiftion, hopingthercby topurchafe his lihertiey and goe into England according to his Majefiies direlhons, though by ft doing he could not eft fell the fame y but his imprifonment was continued mtwith- ftanding• 6. Whereas afwell by the fundamemall Imes of that Jtealme, as alfo by his Majefties declaration publijhed in print uponreturne of a Commtfsion, and by the advice of B j many (6\ many grave and wife Commifsioners fent from hence into Ireland for examination of the grievances of his UijeBies Subjects in that Realme ; the Lord deputie and Cowed are not to meddle upon Titles of Inheritance betweene forty and party ^ or in bufinejfe belonging to the Cognisance of other Courts; or to alter poifefiion: yet his Lord [hip upon a paper petition to him preferred by Kichard Rolfton a- gainft your petitioner touching the mannour ofT eemore in in the faidRealme ^after 18. ytares (juiet pojfefiion thereof by your petitioner, hath decreed the Jaid lands to the faid Rolfton, and by his owne warrant removed your petitio¬ ner out of pojfepon thereof \ 7. Whereas alfo by the faid lawes of that Kingdome^and by the faid declaration, proceedings before the Lord Deputy and Counted for things remediable in other Courtsyor by pa- p er-petitions, and the abufes ofHabeas corpus within that Realme are prohibited^ et upon a paper Petition preferred to his Lordjhip, and the Councell by one Walter Peppard, touching land of Inheritance in thePttitioners pojfefiion,his Lordflnp hath retained the faid Caufe for his hearing ^not- withjlanding your Petitioners legad exception thereunto. And upon the like paper petition preferred to his Lor djhip Arthur Manwaring pis Lordfhip hath for diversyears delayed.^ and frufirated the benefit of an execution which your Petitioner had againfihim for a debt by bonded yet m end of the faid Manwarings vexations fetes before his Lordjhip,<& fitch other Referrences as his Lor djhip appoint si 8. His Lor djhip Rated your petitioner for the payment of his Majefiies Subfidies in 1000. pounds in the Kings iookeswhereas men offiarre greater, vifiblfcrnd hnowne tfetesare not charged with halfvthap prcpdrtim.,your Pe¬ titioners cfiate being very wane to fupport the condttyon $ and (l> and qualitieofthe honours gracioufy conferred upon him by his Atajeflte, and hts Roy all Father in acceptance of his faithfull fcr vices5 and his wife and eleven children. Now, for of much asyour Petitioner is no wayes guilty of theoymes under which he hath fuffered\ and yet it hath beene the height of his Lordjhips indevour5 not onely to be¬ reave your Petitioner of his honour and fortunes> but alfo ( as much as in him lay )of his innocence by the [aid ex¬ torted (ubmiflton, and obtruded pardon fee here rclinquifr¬ et hall advantage of defence by thefaid pardon, and freely fiibwits the Crymes to him imputed to the fcruting and de¬ termination of this honourable andimpart ia 11 afftmbly: and forafmuch as the faid opprefions fujlained by your Peti¬ tioner doe not onely in the highefl degree cone erne your Pe¬ titioner in his innocence, honour, liberty 3 and fortunes5 but alfotend to the publike abufe, and fcandall of the Lawes, liberties5 and juflice of both Realmes? and to the intro¬ ducing an Arbitrary forme of government,your Petitioner humbly offers the premises to the con [deration of this Ho¬ nourable Affembly ^ And humbly prayes fuch reparation therein, as to this Honourable Afftmbly [ballfame to fland with right and juflice, And your Petitioner fhall daily pray,&c* w* '4 , -y \ *•. < \ v ^ \ ■.% i, Y' --■'*•■• v- tvXv'-.'1 '.. .'> - . ..\ i ■ v,. '".'A^ je, .wrA\ . : AWt v,\ m;. rviV^Vi\\\^\:\l v^\ J IVv. ^ } 'H., s, "V' Mi. .. ■ v: -jVA\ .4 ^X' '; iXi•' . i s .' ■ • /. i V ' ' ^ - vVX '.; f.VYA AA ,1V . .A v \ ■'•- ;A- vv VJ».H S -•, i ' •■.' . • f\ ■- v (... .** . • .; ) •A/. •'.• \v; -.ui /A .-. V' :•'. A^ ■■ A . A .■* \ vft'Vy " t i V, A ..Ax Vi-v\ kh ;y*i " j .*» V,l.A^"*vA Al". • 'V-xv-w* B Y.Y*Uv; ~ v: . , • \ A 'I -4" 14 -J - \ V.u >», ■■ 1 t\vi XvxtA^ v t .." m& i^;:A \ • ;;;■ . .v\ > > .4 . ■ \\ \ . .; V. 'A . ' ' •' :. W. <\ . .. . • v. v. * . '. . . . . i; .** '.« ,-. . A: •. . Wi ( . yVV ./.... V • ,- \;> i • : ' \ V '.iV; V\'.-. Vv. "> -AA i " V xv> ^ '• -A ' v i\ 1 ., . A '4ft { - '? ' ' Av -* '(• •' ... 5 \-.\ '. A ;. v". -•; ! V;(| M« »■ A ' * \ .'> M .X /.'A, _ . B ;! ; si A: yu . h of] \liab .. .iil r^i..*i:rS -•.. • A; \ con (s>) BY THE LORD DEPVTY AND GE- NERALL OF THE ARMY, and Councell of Warre. WENTWORT H. iHcreas the King6 moft excellent Ma/e- ftie by his Highncffe Letters of the 31. of Iuly laft dire&ed to us the Lord Deputie, hath becne gracioufly pleafed to. (ignifie, that as hce (hall ever cxped that all due Reve¬ rence ihali be given by his Sub je&s to the Perfon whom he appoints to be his Deputy,and General! of his Army, within this his kingdome of Ireland; fo on the contraryheefhallhold them blame-worthy, efpecially be¬ ing pcrfbns who have received their dignities from him, or hold their places of honour, and truft under his Govern¬ ment, and yet (hall forget their duty that way in their words or a&ions, to the ill example of others ; And taking notice of the carriage of the Lord Meuntnorrisy his Maje- ftics Vicc-treafurer, and Treafurer at warres here ( who holds a Captaines place in his Ma jetties Army) by uttering lome fpceches inciting a Revenge upon us the Lord Deputy and Generall, from a Lieutenant of this Army for perform¬ ing the duti^ of our place, yfith modefty and good reafon, . C in P ■HfiHB a (10) in the time of exercifuig our Troope, which his Majeftie in his Aid Letters declares to bee an offence much unbefeeming thfe gravity of a privy Councillor , to us the Lord Deputy j and the dutie of a Captaine to his Generall, and not to be ihffered in any well governed Army, where good difcipline into be the Rule andfejuare of every mans a&ions : And therefore Being very lenfiBleof the honour of us his Depu¬ ty, and Generallof his Army, which may fuffer herein, and Be of ill confcquence in the future: Hee hath by his Aid Letters willed and commanded us the Lord Deputy and Generall upon receipt of thofe his Letters, to call a Counccll of warre, and after a due examination and proofe of thofe fpceches by the Lord cJMonnt-norri*) his Majcfties expreffe will and pleafure is, that hee ihould undergoe and be liable tofuch cenfure, as the faidCouncell fhould impofeupon him, for the full reparation of us his Deputy and GeneralL in that paint, and that there be no failing in putting the fame indue and fpeedy execution: In obedience to which his Majefties Commandement, Wee the Lord Deputy called a Coimcellof warre, who being this day affem61ed, Wee the Lord Deputy in the prefence of the faid LoiACMount- norrii did charge him with this offence: That within three or foure dayes , or thereabouts after the end of the Parlia¬ ment, it being mentioned at the Lord Chancellors table,that after Wee the Lord Deputy had diffolved the Parliament, being fitting downe in the prefence Chamber, one of our fervantsin moving a ftoole, happened to hurt our foot, then indifpofed through an acceffionof the Gout, That one then prefent at the Lord Chancellors table, faid to the Lord Monnt-wrm Being there like wife , That it was Annefleyhis Lordfhips kinfman, and one of our the Lord Deputy and Generals Gentlemen Vhhers that had done it: Whereupon jhe Lord Mount-norrx then publikely , and in a fcornefull contemptuous manner anfwered , perhaps it was done in revenge of that publike affront which my Lord Deputy had done him formerly, but he has a Brother that would not take filch a revenge,which charge Being fo layd , the Lord Mount- C ii) cJMomt-noYYu was required by this Councell of warre to makeanfwer therunto,who going about to anfwer it,and yet neither confeiTing nor denying them; This Councell after fome time fpent therein, required him to anfwer the faid charge, either negatively or affirmatively, yet would not confefle or deny them, whereupon the wit* neffes vouched for proofe thereof, were called, namely our very good Lord, the Lord Vifcount Moore, and Sir Robert Lofttts Knight, fonne and heire to our very good Lord, the Lord Chancellor , perfons who though they were not the originaii relators of his Lord (hips faid difcourfe to us the Lord Deputy, yet being prefent when the faid words wereio fpoken,were conceived to be able to giVe teftimony therein : And therefore were called to be interrogated withall thereupon, who being examined before this Councell upon oath miniftred unto them by the Clarke of the Councell before us, by com- mandement of us the Lord Deputy , and their difp opti¬ ons then reduced to writing , and fubferibed by them ia our pretence, and in the pre fence alfo of the faid Lord Mount-norns, who heard them affirme the lame, It thereby appeareth , that the faid Lord Monnt-norris ut¬ tered and fpoke the laid words in manner and forme , and at the time and place aforefaid : The charge layd againft him (landing then fully proved : The faid Lord Mount-norris at lad fubmittcd nimfelfe to the judge¬ ment of this Councell, protefting that what interpreta¬ tion loever his words might have put upon them , hec intended no prejudice or hurt to theperfon of us the Deputy, and General!, affirming that by thefewrords3 but bee hath a Brother that would not take fuch a revengs\ his Lordfhip meant onely , that the faid Brother would dyebeforehee would give us the Deputy and Generally occafion to give him liich a Rebuke. Wee fc£l in the 'next place to conlider as of the nature of the offence; C 2 f0 (li) fo of theponlfhment due thereunto : And firft forth® nature of the offence, wee conceive it to containe, firft a calumny againft the perfon of us the Deputy and Gene- rail of the Army , infinuating by thefe words, thepub- like affront, or the difgrace , which my Lord Deputy had done him formerly, that indeed there had beenefuch an affront or difgrace put upon him by us the Lord Deputy, whereas in truth it was nothing fo, but that which was pretended by the Lord Mount-norr is, to have beenc the faid difgrace, ©r affront to his kinfman was this : That his faid kinfman ('being one of the horfe-troope com¬ manded by us the Lord Deputy,) in the time of exerci* fing the faid troope was out of order on horfe-backe, to the difturbance of the reft then in exercifing, for which wee the Lord Deputy in a mild manner reproving him, as foone as wee turned afide from him, we obferved him to laugh and geere us, for ourjuft reproofe of him, which wee difliking returned to him, and laying a fmall Cane (which wee then carried ) on his fhoulders (yet without any blow or ftroakc then given him therewith) told him that if he did fervc us fo any more,we would lay him over the pate: the truth of which faft appeared unto us by the relation of His Ma/efties faid Deputy,and our Gencrall, avowed and confirmed by two of us the Captaincs ; namely the Lord Kirkudbright, and Sir Fre¬ deric^ Hamilton Knight, who then fa w the manner of it, and now fate as members of this Councell; which faid was by this whole Councell adjudged to have beene a farrc milder proceeding with the laid then luchan Infolence.and difobediencc to any commander much more to his Generall merited , and therefore it was a fpcech favoring doubtleffe of malice, to infinuatc that as an affront or difgrace, which was indeed a j'uftly merited, but mild and modeft reprehenfion, and admo¬ nition. Secondly, wc conceive the offence to containc an an incitement to a revenge in thefe words, but bee heu * brother that would not take fuch a revenge. Which incite¬ ment might have given encouragement to that Brother, being then and now in this Kingdome,and Lieutenant of the laid Lord Meunt-norris, his foot Company, to the faid Anne [ley, himfelfe being continually io neare the perfon of us the Deputy and Generally or to fome other to have taken uprefolutions of dangerous confequences, and the manner of fpcaking the words , doe fo farre ag¬ gravate them , as there is no place left for any indulgent conftru