Hibernia anglicana, or, The history of Ireland, from the conquest thereof by the English, to this present time with an introductory discourse touching the ancient state of that kingdom and a new and exact map of the same / by Richard Cox ...
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- Hibernia anglicana, or, The history of Ireland, from the conquest thereof by the English, to this present time with an introductory discourse touching the ancient state of that kingdom and a new and exact map of the same / by Richard Cox ...
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- Cox, Richard, Sir, 1650-1733.
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- London :: Printed by H. Clark, for Joseph Watts ...,
- 1689-90.
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- Ireland -- History -- 1172-
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"Hibernia anglicana, or, The history of Ireland, from the conquest thereof by the English, to this present time with an introductory discourse touching the ancient state of that kingdom and a new and exact map of the same / by Richard Cox ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A34852.0001.001. University of Michigan Library Digital Collections. Accessed May 1, 2025.
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Page 1
THE REIGN OF JAMES I. KING OF England, Scotland, France, AND IRELAND. (Book James I)
HITHERTO the Irish Historians have repre∣sented their Countrey-men,* 1.1 as if they were influ∣enced by the most abstracted Considerations of Religion and Honour;* 1.2 and as if they were agitated by a generous desire of their Native and Original Liberty, and excited by an unparallell'd Loyalty to their Ancient Monarchy, to resist and endeavour to shake off the Violences and Usurpations of England, whilest one Ge∣neration, following another in Imitation of their Godly and Worthy Ancestors, have gallantly endeavoured to deliver their enthralled Nation from Oppression, (as Pope Urban VIII. words it in his Bull,) and therefore their Historians do boast of the multiplied Rebellions of the Irish, as so many brave Ef∣forts, to rescue their Nation from the Bondage of those English Col∣lectors of Peter-pence, whom they would hardly vouchsafe to style their Kings.
But now, that the Royal Family of the Stuarts hath ascended the Throne, to whose Sacred Blood the Irish Nation hath contributed, whose Pedigree is founded on the Famous Irish Milesian Princes;* 1.3 now, that the Irish have got their own Countrey-man for their King, a King whose An∣cestors and first Predecessors were of their own Blood;* 1.4 a Prince not only of Irish Extraction, but such a one as is of the Royal Line, and even, by the Irish Law, ought to be King of that Island; and was (as they say,) the One hundred twenty first King of Ireland, in a direct Line from
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Adam,* 1.5 whereof Eleven were before the Flood, Twenty six before they came to Ireland, and Fifty one in Ireland, (whereof Twenty four were Monarchs,) and Thirty three in Scotland, and so succeeded by Hereditary Right from his Illustrious Irish Ancestors: Now, I say, that they have gotten such a Rightful Hereditary King,* 1.6 the Reader must not expect to hear of any more Irish Rebellions, but, on the contrary, that their peaceable and Loyal Deportment will distinguish between Rightful and Usurping Princes;* 1.7 and that now the•••• own Kindred is restored to them, we may expect to find, that they will take pleasure and delight, and a consciona∣ble Pride (as they phrase it,) to be Ruled and Commanded by their own Relations;* 1.8 and that their great Endeavours for the Kings of England, of that Line, to whom they are tyed by the Bond of* 1.9 Consangui∣nity, will be the Work of a Simpathy of Blood, if there be any Truth in the Reports or Flatteries of the late Irish Historians, or in the Speech of the present Recorder of Kilk••nny.
But alas, these thin Pretences which in Ireland are thought Strata∣gems, are easily seen through in England, where it is believed, that there is something more Criminal in Heresie, then can be expiated by Extraction; and therefore they expect that the Royal Family of the Stuarts whilst it continues Protestant, must have their share of opposi∣tion and disturbance, even from their own Irish Country-men, and with as malicious▪ Circumstances as any other Protestant Princes have had, and how far they were in the right of it, is Summarily related in my Epistle to the Reader, but shall here be more at large explained.
JAMES VI. King of Scotland;* 1.10 Succeeded the Deceased Queen Elizabeth on the Throne of England by unquestionable Right;* 1.11 I say, unquestionable notwithstanding the Book published against his Title and Right of Succession, by Parsons the Jesuit, under the name of Dole••an, for the material Allegations of that Author are notoriously false, and which is worse, himself knew that they were so, as Peter Walsh hath assured us;* 1.12 and it is manifest to all the World, that the King was the only Son of Mary Queen of Scots, Daughter of King James the Fifth, Son of James the Fourth by Margaret his Wife, who was the eldest Daughter of Henry the Seventh, by Elizabeth Heiress of the House of York; and so was Heir to both the Families of York and Lancaster: And was therefore Proclaimed King without any op∣position, Secretary Cecill himself reading his Title (as also Queen Elizabeth's Will) at Whitehall Gate, on the 24th. day of March, 1602. And as to Ireland,
CHARLES Lord MOUNTJOY continued Lord Deputy,* 1.13 and was afterwards made Lord Lieutenant of that Kingdom, and having received Letters from the Council of England, with a Proclamation of the new King, he first Signed the Proclamation, and all the Council did the like in Order, and then with great Solemnity they published and proclaimed the same in Dublin on the Fifth of April; and about the same time he received kind and gracious Letters from the King (then in Scotland) by one Mr. Leigh, whom therefore the Lord Deputy Knighted.
The Earl of Tyrone (who was brought to Dublin in Company with the Lord Deputy on the 4th. day of April) could not refrain from Tears on the News of Queen Elizabeths Death; nor can we blame him for it, for besides the unsecurity of the Pardon or Protection he relyed on, being derived from a Princess that was Dead, and an Autho∣rity that was determined before it was executed: He had also lost the best opportunity in the World, either of continuing the
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War with advantage, or of making a profitable and meritorious Submission to the new King, nor did he want Pretences and Circum∣stances, that would have made his free Submission highly valua∣ble, and exceeding honourable; however, since he had missed the Season of doing better, he thought it prudent to do the best for him∣self, that his Circumstances would permit, and to secure the Prote∣ction and Estate that were promised him; and accordingly the 6th. day of April the Lord Deputy did not only renew his Protection in King James his Name, but soon after gave him Liberty to return to Ulster to settle his Concerns; but first, the Earl put in his Hostages, and also renewed his Submission in a set Form of Words, wherein he ab∣jured all foreign Power and Jurisdiction in general,* 1.14 and the King of Spain's in particular, and renounced the Vraights of Ulster, and the name of O Neal, and all his Lands, except such as should be granted to him by the King, and he promised future Obedience, and to discover his Cor∣respondence with the Spaniard. And at the same time he wrote to Spain for his Son Henry, but without effect, for he was afterwards found strangled at Brussels no Body knows how, and on the 15th. day of April, O Rourk in like manner▪ by his Letters humbly offer'd to submit to his Majesties mercy, which Offer was accepted.
These Great men having thus submitted, and the Kingdom (but especi∣ally Ulster) being so wasted and destroyed, that the Famine encreased to the degree of eating one another, as I have already mentioned in my former Part. And the number of the Irish being exceedingly lessened by their many, tedious and obstinate Rebellions, and those that re∣main'd (except Cities and Towns) being so poor, that the very estated Men had not wherewithal to stock or cultivate their Land, nor had any improvements left upon their Estates,* 1.15 except perhaps a dismal Castle, and a few pittiful Cabins: One might expect that this miserable Condition (which required a long interval of Rest and Peace to amend it) would oblige these People to live peaceably and Loyally under this new King of their own Lineage.
And perhaps it might have done so, if the Universities of Salamanca and Validolid had not about this time sent over their Determination of that knotty Point, that Vexata Questio, Whether an Irish Papist may obey or assist his Protestant King? Which they resolved in the Negative, by two Assertions.* 1.16 1. That since the Earl of Tyrone undertook the War for Religion, and by the Pope's Approbation, it was as meritorious to aid him against the Hereticks, as to fight against the Turks. And, 2. That it was mortal Sin any ways to assist the English against him; and that those that did so, can neither have Absolution nor Salvation without deserting the Hereticks, and repenting for so great a Crime.
But this New Declaration of two such famous Universities, and the Impatience of their busie Priests, set them a madding again; so that they wanted nothing but Power to make a more general and formidable Rebellion than ever had been in Ireland to that time.
For the Lord Deputy having sent Proclamations of the King's Suc∣cession to all Cities and Burroughs, not doubting but that they would be chearfully published in every place, to his great amazement recei∣ved this Account from Cork, That Captain Morgan came thither with the Proclamation on the Eleventh of April, and immediately Sir George Thornton (one of the Commissioners of Munster) went with it to Tho∣mas Sarsfeild, then Mayor, who answered, That by their Charter they might take time to consider it. Sir George replied, That since they knew the King's Right, and that he was proclaimed in Dublin, it would be taken
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ill if they delayed it. The Mayor answered, That Perkin Warbeck was also proclaimed in Dublin, and that nevereheless much Damage hapned to the Country by their precipitation therein. Whereupon Saxy, Chief-Justice of Munster, said, That they ought to be committed, if they refused: But William Mead, the Recorder; told him, That no body there had Authority to commit them.
Hereupon the Mayor and his Brethren, &c. went to the Court-house to consider of so important a Matter; Sir George Thornton in the mean time staying in the Walk to expect their Resolution. After an hours stay there, he sent to know their Mind; they put him off for an hour more, and when that was expired, they plain∣ly told him, They could not give their Answer till the next day. Where∣upon he said, He would proclaim the King without them: But they let him understand, That he had no Authority within their Liberties to do so, neither would they permit him to do it: And so they put it off till the Thirteenth of April; and then Sir George Thornton and the Lord Roch, and about 800 Soldiers and others, proclaimed the King in the North Suburbs, near Shandon-Castle; but the Mayor and Citizens deferr'd it till the Sixteenth, and then wrote a sawcy Let¦ter to the Lord Deputy, importing, That they had receiv'd the Pro∣clamation on the Eleventh of April, but had delayed publishing it till the Sixteenth, for the greater Solemnity; and they desired, that Hal∣bowling Fort (not being in the Hands of a sufficient Commander to secure it) might be put into the Hands of the Mayor and Citizens, for whose Defence it was made.
But the Citizens not expecting an Answer to their minds from the Lord Deputy, designed to set up their Religion by force; and to that end they kept strong Guards on their Ports and Gates, and stopt the King's Boats going with Victuals to Halbowling; so that the Commis∣sioners were forced to relieve that Fort with Ammunition and Victuals from Kinsale: they also carried the Cross in Procession about the City, and forced People to reverence it; they also defaced Sentences of Scripture that were written on the Church-walls, and painted the places with Pictures; they re-consecrated the Churches, and went daily in Procession; they also took the Sacrament to spend their Lives in defence of the Roman Catholick Religion; they disarm'd such Pro∣testants as were in their Power, and rejected the mixt Moneys, and refus'd to suffer the King's Provisions to be taken out of the Store, until they should be assured that the Soldiers should be sent out of the Liberties of the City; they also endeavoured to get the South Fort into their Hands, so that Sir George Thornton was forced to shelter him∣self in Shandon Castle.
Upon notice of these Proceedings, Sir Charles Willmot (who was be∣sieging Mac-Morris in Ballingary Castle) immediately repair'd to Cork, and finding that no good was to be done by Treaty, he sent 600 Men over the Ford by Gillabby into the South Fort; and thô two of them were kill'd in their Passage by Shot from the Walls▪ yet the rest got in safe, and secur'd the Fort: However, the Citizens mounted some Guns, and shot at the Bishop's Palace, and Shandon Castle, thô the Lord President Carew his Wife was in the one, and the Commissio∣ners of Munster in the other. Nevertheless, on the 28th. of April the Lord Deputy wrote a kind Letter to the City of Cork, and required them to suffer the King's Stores to be issued out to the Army; but they excus'd themselves, and answered, That they did not know but those Stores, if delivered out, might be made use of against the Town.
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Whereupon the Lord Deputy wrote a smart Letter to them on the First day of May: but before it came to their Hands, the Citizens under the Conduct of Christopher Murrough had removed the King's Stores into their own Cellars;* 1.17 and being taught, (by a Seditious Priest) That he could not be a Lawful King, who was not approved by the Pope, nor sworn to maintain the Catholick Religion, they took a Resolution in Publick Council, to excite the other Cities and Towns to Confederate with them, for the Preservation of the Catholick Faith, and resolved to defend themselves by Force.
It hapned, that some few were slain on either Side; and particular∣ly, a Minister was kill'd by a Shot from the Town; and one of the Bishop's Servants was wounded, and taken Prisoner, and was told by them, That the Traytor his Master should not escape Death, if they could get him within their Power. But their Insolence will best appear by their own Letter to the Lord Deputy, the Substance of which is to be found here, Appendix 1.
In the mean time the Commissioners of Munster, finding that they wanted Artillery, sent for some to Halbowling; but the Citizens ha∣ving notice of that Design, Mann'd out some Boats (under William Terry) to intercept them: Nevertheless, they arrived safely▪ and thereupon the Citizens (being frightned with the noise of the Great Guns) agreed to a Cessation until the Lord Deputy should come.
But the City of Cork was not the only Place that was Rebellious at this Junctu••e; Waterford was altogether as ill inclined, tho' it had not an Opportunity of doing so much Mischief: However, they did their Share; and first, they pulled down Sir Nicholas Welsh their Recorder from the Cross, where he was reading the Proclamation of the King's Succession: They also broke the Doors of the Hospital, and admitted Dr. White to preach a Seditious Sermon in St. Patrick's Church, where∣in, amongst other inveterate things, he said, That Jezebel (meaning Queen Elizabeth) was dead. They also took the Keys of the Cathe∣dral from the Sexton, and caused a Priest to celebrate Mass there.
Nor were the Towns of Clonmell and Wexford free from the like Insolencies; but they being the weaker, and the less populous Places▪ were sooner sensible of their Faults than were other Towns where Tumult and Noise gave less opportunity of Thinking, and Number and Fortification encourag'd to Obstinacy; and therefore these Cor∣porations restored the Churches, and submitted to the Lord Deputy's Commands, before the Army approached their Walls; whilst, on the contrary, Limerick, which has seldom been backward in an Irish Rebel∣lion, was one of the forwardest in this, and gave their Priests the Possession of all their Churches, where they erected Altars, and pub∣lickly celebrated Mass.
This City is seated in an Island surrounded with the River Shenin, and joyned to the Continent by two stately Bridges of Stone: it is for∣tified with good Walls and a strong Castle, and is justly esteem'd the most Impregnable Town in Ireland; and certainly its Strength and Reputation has often prov'd a Snare to the Inhabitants, and prompt∣ed them to such Acts of Disloyalty as otherwise they would not have dared to perpetrate. And tho' at this time Limerick did subm••t with∣out a Siege, because all its Accomplices had first done so, yet in the succeeding Rebellion it not only defied all His Majesty's Forces, abus'd His Herald, and affronted His Lord Lieutenant, but at last put the whole Power of England to the Necessity of making a Second Tedious and Bloody Siege before they could reduce it; which I have obser∣ved
Page 6
in this place, because I would lose no Opportunity to put the English in mind, how much it does import them upon a new Settle∣ment, that care be taken, that those Strong Places should be inhabi∣ted only by a People faithful to the Crown.
But to proceed: The Religious at Kilkenny were not less precipi∣tate and insolent than their Brethren elsewhere. Edmond Raughter, a Dominican, headed the Sedition in that City, and broke open the Black-Friers, which had for some time been used as a Court-house, and pulled down the Seats, and erected an Altar; and forced the Keys of his House from one Mr. Bishop, that lived in part of that Abby, and gave Possession of the whole Abby to the Friers, altho' by Act of Parliament it was turned to a Lay-Fee, and by Legal Conveyances became the Propriety of other Men.
These Rebellious Proceedings in so many principal Cities and Towns, necessitated the Lord Deputy to undertake a Progress to Mun∣ster; and on the Fifth of May he came to Gracedea near Waterford, and summon'd the Mayor and his Brethren to open their Gates, and re∣ceive him into the City with His Majesty's Army; and tho' at first they refused to admit any Forces into the Town, except the Lord De∣puty and his Retinue, alledging some Privilege or Exemption to that purpose, by vertue of an Ancient Charter from King John; yet when the Lord Deputy had told them, That no King could give that Privilege to his Subjects, whereby his Successors should be prejudiced in the due Obe∣dience they were to expect from them; and that if they did not open their Gates immediately, but put him to the Necessity of entring by Force, he would cut King John's Charter with King James's Sword, and ruin their City, and strew it with Salt; they tamely opened their Gates, notwithstand∣ing their former boasting, and the Lord Deputy and the Army march'd into the City.
But whilst he was in his Camp at Gracedea, the Mayor at his Excel∣lencies Request sent out Doctor White, and a young pert Dominican Frier, to discourse with his Lordship in Matters of Religion, and to shew him the Grounds and Reasons of these Proceedings, which his Lordship thought so temerarious and unaccountable: And the Friers had the confidence to come in their Habits, with the Crucifix ex∣alted before them,* 1.18 and to tell the Deputy, That the Citizens of Wa∣terford could not in Conscience obey any Prince that persecuted the Catholick Faith. This led them into Discourse, wherein at length Doctor White cited a Passage in St. Austin for the Proof of something he asserted, and it hapning that the Lord Deputy had the Book in his Tent, he caus'd it to be sent for, and publickly shew'd to all the Company, that the Words cited by the Doctor were not St. Austin's Opinion, but were quoted by him as an Objection, which in the same place he opposes and confutes; and inferr'd, That it was highly disingenuous in the Doctor to quote that Sentence as St. Austin's Judgment, when he knew that his Opinion was directly contrary to it. Whereupon the Doctor was confounded, the Citizens were ashamed, and the Con∣ference ended.
In the mean time the Lord Deputy, to prevent farther Mischief at Cork, and to humble them with the certain notice of his Approach, sent the Mayor of that City the following Letter.
Page 7
FOr the dispatch of Your Messenger, and not to omit any thing that lieth in me to make you understand your dutiful Obedience to His Majesty, and the great Errors and insolent Demeanour you have of Self-will or Ma∣lice entred into; I am content to write unto you, tho' I know not well in what sort to write: For by your Courses I cannot take you for Subjects; and out of my desire to interpret your Actions to the best▪ I could wish not to have cause to repute you Rebels. To deal plainly with you, for any thing that your selves inform, or I can otherwise learn, I see not that Sir Charles Wilmot hath done but as in his Duty he was tied to do: But I am presently drawing down to the City of Cork, and having reserved one Ear for any your just Complaints, will judge of your Proceedings as I shall find them. I have let you understand my Pleasure by my Letters, (one sent by Master Meade, which if he have not delivered, he is more to blame) and I assure my self some of them came to your Hands; and in all I have charged you upon your Allegiance▪ (as again by these I do) to desist from Publick Breach of His Majesty's Laws, in the Celebration of the Mass, prohibited by the same, and to yield due Obedience to His Ma∣gistrates; and especially, upon your extreamest Perils, not to presume to make any stay of His Majesty's Victuals and Munition, left (upon especial Trust on your Fidelity) within the Walls of that City; but to suffer it by His Majesty's Commissioners of that Province to be issued to the Forts, or where they shall think meet for the present Service▪ I shall be glad to find that you conform your selves to due Obedience in all these and other Duties of Good Subjects; if otherwise you obstinately persist in the contrary, I must needs hold you for Enemies to the King and the Peace of these His Realms, and as such think you fit to be prosecuted by the revenging Sword of these and other His Majesty's Forces. From the Camp at Gracedea, near Waterford, the Fourth of May, 1603.
And on the Eleventh of May the Lord Deputy came with his Forces to Cork, which had for some days been blocked up by the Commis∣sioners of Munster; Nevertheless, he had immediate admittance into the City, without any previous Capitulation; whereby it is manifest, That some who have but small regard to Dangers that are remote, have a delicate sense of those that are near. Would any Man believe, that these insolent Rebels, that refus'd to proclaim the King, and seiz'd on His Stores, threatned to murder the Bishop, and shot at the Lord President's Lady and the Commissioner••s, and had kill'd a Minister, and several others of the King's Subjects, so that Mr. Sullivan brags, That they slew more than they lost, should yet tamely resign upon the first approach of the Army, and surrender their City to the Mercy of an incensed General, without making Conditions for their own In∣demnity?
However thus they did, and relied only upon a very slight Strata∣gem to preserve themselves; which was, that at the Lord Deputy's Entry into the City, they placed Plow-shares on each side of the Street, intimating thereby, that the Oppression of the Soldiers had occasioned so many Plows to lie idle, and them to mutiny: But the Lord Depu∣ty took little notice of that silly Contrivance▪ however, he was re∣solv'd
Page 8
in his Mind to extend Mercy to the Generality, and to make Examples of some few only of the Ringleaders of this Rebellion. O•• this Number was the Recorder William Miagh, who was the Chief Incendiary, and Christopher Morough the Lieutenant that seised on the Stores, and one Owen a Schoolmaster, that had publish'd and preach'd up the Title of the Infanta, and William Buler a bigotted Brogue∣maker, that had been exceeding malicious and active in this Sedition. These last Three having no Freehold, were probably tried by Mar∣tial Law, condemned, and executed: But the Recorder had better Luck▪ for he was some time afterwards tried by a Jury of the Coun∣ty of Cork, consisting altogether of Irish Papists, who against full and undeniable Evidence, and his own Confession, acquitted him: Whereupon the Foreman was fined Two hundred Pounds, and the rest One hundred Pounds apiece; and Master Miagh being set at Liberty, became a Pensioner to the King of Spain, and died at Naples.
But the Lord Deputy having put good Garisons into Cork and Wa∣terford, and forced the Inhabitants of each Place to take the Oath of Allegiance, and to abjure Foreign Dependencies, marched to Lime∣rick, and did the like there.
And on the Twentieth of May the Deputy came to Cashell, and there he understood that a certain Priest had bound a Protestant Goldsmith of that City to a Tree, threatning to burn him and his Heretical Books; and that he did really burn some of the Books, and kept the Man in that miserable condition for Six hours together, expecting every Minute when Fire should be set to the ••aggots: But it is pro∣bable the Priest made his Escape, because I find nothing of his Punish∣ment. From Cashell the Lord Deputy by easie Journies return'd to Dublin, and sent his Secretary Mr. Cook to give the King an Account of his Proceedings, and gave him a Charge to solicit His Majesty that the Lord Deputy might keep his Place, with Two thirds of the Al∣lowance, and that he might have leave to wait on the King in England, leaving the Government, and the other Third of the Allowance, with Sir George Cary, during his Absence.
And the better to quiet the People, and to oblige them to Loyalty, if possible, and to induce them to an industrious and regular way of living,* 1.19 the Lord Deputy issued a Proclamation of General Indemnity and Oblivion, and restored every body (not attainted) to their for∣mer Possessions, and prohibited Private Actions for Trespasses com∣mitted in the War-time; and then being made Lord Lieutenant of Ireland, and a Privy Counsellor in England, he sailed thither with the King's leave, and carried with him the Earl of Tyrone and Rory O Donell (Competitor with Neal G••ruff) who were not only well received at Court, but also highly honoured and respected; and Rory, O Do∣nel was created Earl of Tyrconel, and had a considerable Estate in that Territory granted to him: And about the same time the King grant∣ed to Sir Randal Mac Donald the Territory of the Rout in the County of Antrim,* 1.20 saving Three parts of the Fishing of the River Ban; and by these Concessions and Favours (which the Irish commonly inter∣pret to be granted to them more for Fear than for Love) the Earl of Tyrone,* 1.21 and all the principal Irishmen (except the Earl of Thomond) were encourag'd to petition the King for Toleration of the Popish Religion: But the King thought it enough that the Penal Laws against that Religion were not put in execution, but rather were in
Page 9
effect suspended, by a Connivance that differed little from a Toleration; and finding he had to do with a People that never missed any thing for want of asking, but were apt to take the Ell if he gave the Inch, he became the more reserved in his Concessions to the Irish from thence∣forward.
And altho the King and his Ministers did all he could to bring Ire∣land into a Method of Government, and to reduce the Publick Charge, that it might hold some proportion with the Revenue; yet because it was not reasonable to disband the Army till the Kingdom was better setled, they could not bring the Charge for the Year 1603. lower than 163315 l. 18 s. 3 ¼ d. And that the World may see that the Irish Rebels have justly forfeited those Estates that have been at any time seised by the Crown of England, and that it cost England infi∣nitely more Money to reduce them than their Lands were worth to be purchas'd; and that the Protestants of Ireland may be sensible of their Obligations to England for its liberal Contributions for their Preservation, I must add, That the Charge of the War for Four years and a half, from the First of October, 1598. to the First of April, 1603. amounted to Eleven hundred ninety eight thousand seven hun∣dred and seventeen Pounds nineteen Shillings and a Penny.
Sir GEORGE CARY Treasurer at Wars, was sworn Lord Deputy on the First day of June, and had but one third of the Deputies al∣lowance,* 1.22 the other two thirds being appointed for the Lord Lieu∣tenant Mountjoy; in liew of which this Deputy kept his place of Trea∣surer at Wars: he appointed the first Sheriffs that ever were in Ty∣rone or Tyrconnel; and this very Year he sent Sir Edward Pelhan, and Sir John Davis Judges of Assize to those Counties,* 1.23 and they were wel∣come to the Commons, but distasteful to the Irish Lords.
But it seems Neal Garuff was highly dissatisfied with the Conduct of the English, in preferring Rory O Donell before him to the Earl∣dom of Tyrconnel;* 1.24 and therefore Mr. Sullivan introduces that barba∣rous Hero into the Parliament House, and says, he spoke boldly and roundly to the Senate, and tells us, That tho he was offered to be confirmed in his former Possessions, and dign••fied with the Title of Baron, yet he disdained those mean Proposals, and Couragiously up∣braided the English Nation with Dishonesty and Perfidiousness; and says, it was he, and not they, that subdued the Catholicks; and cur∣ses himself for giving Assistance to the English, or trusting to their Promises; and he says further, That the King of England, to obtain Peace from the Spaniard, did dissemble his Religion, and pretend to be a Papist. But this Catholick Author is of no Credit, and it is enough to discover the Forgery of this ostentatious Story, that there was not really any Parliament in Ireland till the Eleventh Year of this King's Reign;* 1.25 and that Sullivan himself brings this very Neal Garuff on the English side again, Anno 1608. But to proceed,
Sir ARTHUR CHICHESTER was sworn Lord Deputy on the Third of February, 1604. and soon after establish'd a new Circuit for Judges of Assize for the Province of Connagh,* 1.26 and retrived the Circuit of Munster,* 1.27 which had been discontinued for Two hundred Years.
It must be observed, That until this time the Papists generally did come to Church, and were called Church••Papists; but now the Priests began to be seditious, and did not only scandalize the Publick Ad∣ministration of Affairs, but also took upon them to review and de∣cide some Causes that had been determin'd in the King's Courts, and
Page 10
to oblige their Votaries on pain of Damnation to obey their Deci∣sion, and not that of the Law; they did also forbid the People to frequent the Protestant Churches; and they publickly rebuilt Churches for themselves, and erected or repaired Abbies and Monasteries in several Parts of the Kingdom, and particularly at Multifernam in the County of Westmeath, Killconell in the County of Gallway, Rossariell in the County of Mayo, Buttivant, Kilkrea, and Timoleague in the County of Cork, Quin in the County of Clare, Garinlogh in Desmond, and in the Cities of Waterford and Kilkenny;* 1.28 Intending (says Mr. Sullivan) to re∣store the Splendor of Religion: And as many as pleased, sent their Chil∣dren to Foreign Seminaries without control. And perhaps all this might have passed, if they had not as foolishly as impudently pub∣lish'd every where, and in all Companies, That the King was of their Religion••▪* 1.29 But then the Government was necessarily obliged, for the Vindication of his Majesty, and to prevent the Growth of Popery, and suppress the Insolence of the Papists, to publish a Proclamation on the Fourth of July, 1605. commanding the Popish Clergy to de∣part the Kingdom before the Tenth of December following, unless they would conform to the Laws of the Land: But this Proclamation be∣ing too faintly executed (as Laws against Popery have hitherto always been) produced more Noise than Effect; so that it did little service in Ireland, and yet furnished the Irish Papists with matter of Complaint beyond Seas, where they usually make a great Clamour for a small Matter.
But on the Fifth of November was discovered the Damnable Popish Plot, well known in England by the Name of The Gunpowder Treason; the Design of it was to blow up at once the King, the Nobility, and the Principal Gentry of that Kingdom, then assembled in Parliament. The Papists did for some time, with great Artifice and Confidence im∣pose upon the World, that this was a Plot of Cecill's making; but finding at length that that Cobweb Pretence was too thin, and was easily seen through, they laid the blame upon a few desperate Villains (as they always do when the Fact is too notorious to be denied): But now that Matter is pretty well setled, by the Confession of* 1.30 Weston, of the Earl of Castlehaven, the Lord Stafford, and Peter Walsh.
This Year the barbarous Customs of Tanistry and Gavelkind were abolish'd by Judgment in the King's Bench,* 1.31 and the Irish Estates there∣by made descendible, according to the Course of the Common Law of England; and the City of Cork and the Liberties thereof were se∣parated from the County of Cork, and made a distinct County of it self; reserving nevertheless Places in the City for a Gaol and a Court∣house for the County at large.
In the Year One thousand six hundred and six,* 1.32 the famous Robert Lalor, (Vicar-General of Dublin, and other Diocesses in Leinster) for disobedience to the aforesaid Prolamation, was apprehended in the City of Dublin (it being the Custom of these Ecclesiastical Spies, to lurk about the Metropolis of every Kingdom) he was in Michaelma•• Term indicted upon the Statute of 2 Eliz. cap. 1. for advancing and upholding Foreign Jurisdiction within this Realm; but he humbled himself to the Court, and voluntarily, and upon Oath on 22d. De∣cember 1606. made a Recognition in haec verba.
First, He doth acknowledge that he is not a lawful Vicar General, in the Diocess of Dublin, Kildare and Fernes, and thinketh in his Conscience, that he cannot lawfully take upon him the said Office.
Page 11
Item, He doth acknowledge our Soveraign Lord King James,* 1.33 that now is, to be his Lawful, Chief and Supream Governor in all Causes, as well Ecclesiastical as Civil; and that he is bound in Conscince to obey him in all the said Causes; and that neither the Pope, nor any other Foreign Prelate, Prince or Potentate, hath any Power to controll the King in any ••ause, Ecclesiastical or Civil within this Kingdom, or any of his Majesties Do∣minions.
Item, He doth in his Conscience believe, that all Bishops ordained and made by the Kings Authority, within any of his Dominions are lawful Bi∣shops; and that no Bishop made by the Pope, or by any Authority derived from the Pope within the Kings Dominions, hath any Power or Authority to impugne, disannul or controll any Act done by any Bishop, made by his Majesties Authority as aforesaid.
Item, He professeth himself willing and ready to obey the King, as a good and obedient Subject ought to do in all his lawful Commandments, either concern∣ing his Function of Priesthood, or any other Duty belonging to a good Subject.
Upon this Confession he was indulged with more Liberty, and the free Access of his Friends, and would undoubtedly have been enlar∣ged the next Term, if he had not privately denied, what he had pub∣lickly done; protesting that his Confession did not extend to the Kings Authority in Spiritual Causes, but in Temporal only; this being told to the Lord Deputy, it was resolved to try him upon the Statute of 16. R. 7. cap. 5. of Premunire; and it was discreetly done, rather to Indite him upon that, than upon any new Statute made since the Reformation,* 1.34 that the Irish might be convinc'd, That even Popish Kings and Parliaments, thought the Pope an Usurper of those exorbitant Jurisdictions he claim'd; and thought it inconsistent with the Loyalty of a good Subject, to uphold or advance his unjust and unreasonable Incroach∣ments on the Prerogative of the King, and the Priviledge of the Subject, which tended to nothing less, then to make our Kings his Lacquies, our No∣bles his Vassals, and our Commons his Slaves and Villains. Upon this Indictment he was tryed and found Guilty: and upon his Tryal, his aforesaid Recognition which he made upon Oath was publickly read, which netled him exceedingly; and the rather, because he was asked whether he had not denied this Con∣fession to some of his Friends; to which he answered, that he had not; but only told some of them, that he had not own'd the Kings Supre∣macy in Spiritual Causes, which he said was true, for the word in the Confession was Ecclesiastical: Whereupon the Attorny General, Learnedly descanted upon the words Ecclesiastical and Spiritual, and exposed the Knavery and Silliness of the Prisoners Equivocation; and then Mr. Justice Sarsfeild pronounced the Sentence of the Law against him, which nevertheless was never Executed upon him that I can find.
However to attone for this seeming Severity, and to quiet and oblige the Irish; the King issued out a Commission of Great under the Great Seal of England, to confirm the Possessors of Estates in Ireland, against all Claims of the Crown, by Granting new Patents to them. But the Irish are a People that seldom bea•• good Fortune with any Moderation or Temper, and the King and Council of Eng∣land were mightily deceived, when they thought that Lenity and Commissions of Grace would oblige them to Loyalty and Obedi∣ence; on the contrary, it always makes them think the Government weak, and never fails to put them upon Action: So true is that of the Poet,
Page 12
Unguentem pungit pungentem Hibernicus Ungit,And just so it happened after this Commission of Grace; for on the 7th. of May, a Letter directed to Sir William Usher Clerk of the Council was dropt in the Council Chamber,* 1.35 which discovered a Con∣spiracy of the Earls of Tyrone and Tyrconnel, Macguire, O Cahan, the Lord of Delvin, and almost all the Irish of Ulster to surprize the Ca∣stle of Dublin, and Murder the Lord Deputy and Council, and to set up for themselves:* 1.36 They had sent a Baron to the Arch-Dukes to sollicite Assistance, and probably had employed some Body else to Spain, but as soon as they had Notice, that their Plot was discovered, the Earls of Tyrone and Tyrconnel, and the Lord Macguire fled beyond Seas to get Spanish Aid,* 1.37 and the rest did shift for themselves as well as they could; but some were taken and executed.
And not long after Justice Sibthorp, and Baron Eliot attended by some of the Kings Council, were sent into the Counties of Donegall and Tyrone; with a Commission of Oyer and Terminer, and so Indict∣ments were found against these Conspirators, and all those that fled were Out-law'd thereupon.
But because those Earls did alledge,* 1.38 that they were persecuted for Religion, and had been injuriously dealt with, the King on the 15th. of November 1607. published a Declaration, wherein he affirms, That they had not their Creations or Possessions by any Lineal or any lawful Des∣cent, from Ancestors of Blood or Virtue; but were for Reasons of State pre∣ferred before others of better Quality and Birth in their Countrey, and Pro∣tests they had not the least shadow of Molestation; nor was there any pur∣pose of proceeding against them in Matters of Religion, their Condition being to think Murder no fault, Marriage of no use, nor any Man valiant, that does not Glory in Rapine and Oppression; and therefore 'twere unreasonable to trouble them for Religion, before it could be perceived by their Conversation they had any, and that in all Matters of Controversie they were favoured, except in such Cases where they design'd to Tyrannize over their fellow Subjects; that they did stir up Sedition and intestine Rebellion in the Kingdom, and sent their Instruments (Priests and others) to make Offers to Foreign States for their Assistance: And that under the Condition of being made free from English Government, they resolved also to comprehend the EXTIRPATION of all those Subjects now remaining alive within that Kingdom, formerly descended of English Race.
In December 1607. The Lord Deputy and Council, sent Sir Anthony Saintleger Master of the Rolls, to the Lords of the Council in England, to inform them, that the Omores would by next May be transplan∣ted from Leix into Munster; and that it was fit the O Connors should be so too; that the Lord Delvin must be severely persecuted, because frequent Pardons do encourage Irish Rebellions; that his Castle of Cloghou∣••er is taken, and so is his Son, and himself left as desolate as a Wood Ke••n, and to desire to be instructed what to do with those that re∣fuse the Oath of Supremacy, and to inform that they have stopt the Quo Warranto's; because the Corporations will submit to the Customs, if their Arrears be forgiven; that there is a great Propensity in the Irish at this time to Rebel; and that it were fit to send over Twenty thou∣thousand Pounds to lye dead for such an Accident; and that the King would be pleas'd to decide the great Controversie, between the Earl of Kildare and Sir Robert Digby, which is now ready for Sentence in the Castle-Chamber, and also to represent the State of that poor Kingdom, &c.
Page 13
But notwithstanding all the Care that was taken to keep the King∣dom quiet,* 1.39 the Hopes and Expectations of Aid from Spain, easily put the Rebellious Spirits in a ferment; insomuch, that Sir Cahir O Doharty Proprietor of Inisowen a Gentleman of great hopes, but of few years, not exceeding One and twenty, was (by Assurances from the Earls of Ty∣rone and Tyrconnel of speedy and effectual Aid) perswaded to begin the War; his main Design was upon Derry, which he surprized and burnt;* 1.40 he also Murdered the Governor Sir George Pawlet, and all the Protestants, except the Bishops Wife that was ransomed; he also sur∣prized Culmore and the Magazine there,* 1.41 and burnt Two thousand He∣retical Books (as he call'd them) refusing to let them be redeem'd for an hundred pound. And this Rebellion became the more formidable, because it was fomented and encouraged by the Priests, who affirm'd, That all were Martyrs that died in the Service.
But for the better understanding of this matter, it is necessary to inform the Reader, that Queen Elizabeth finding it convenient to plant a Garison at Loghfoyle, made several Attempts to that purpose, but they all miscarried until Sir Henry Dockwra Landed at Kilmore or Culmore, and erected a small Castle there; and a Month after he took Derry without Resistance, and built two Forts and a good House there; but afterwards, viz. Anno 1617. that place was built by the Londoners, and became a fair and strong City, well known by the Name of London-Derry.
This Sir Henry Dockwra also built the Castles of Dunalong and Lif∣ford, and afterwards assigned the Government of Derry to Sir George Pawlett a Hampshire Gentleman, and the Command of Culmore, to Captain Hart a Man of great Courage.
After Sir John O Dogharty's Death, his Son Cahir shewing great Incli∣nations to the English; and being a Youth of great hopes, was not on∣ly Graced with Knighthood, and made a Justice of Peace and a Com∣missioner in most of the Commissions that came to that Countrey, but was also treated with all due Respect upon all occasions, and he on the otherside contracted an intimate Friendship with the Chief of the English, and particularly with Captain Hart Governour of Cul∣more, to whose Son he was Godfather, and to whom he had Sold Three thousand Acres of Land for ready Money.
Hereupon Sir Cahir invited Captain Hart to Dinner, and he came accordingly with his Wife and the little Child (Sir Cahir's Godchild) and were liberally treated; but after Dinner Captain Hart was called aside, and plainly told by O Dogharty; that he had received Affronts from the English, and especially from Sir George Pawlett (who they say gave him a Box on the Ear) and was resolved to be revenged, and in order to it, he must have Culmore; which if the Captain would quietly surrender, he should receive no harm, but if not, then the Lives of himself, Wife and Child should pay for his Obstinacy; and thereupon several armed Men rushed into the Room, and kept a swag∣gering to make those Threats the more terrible; nevertheless Cap∣tain Hart's Courage was Proof against them all, and thereupon Sir Cahir ordered the armed Men to execute him.
But in the Nick of time in came both their Wives; and Hart's Wife immediately fell into a Swoon at this dismal Spectacle: Whereupon the Lady Dogharty was exceedingly troubled, and disswaded her Hus∣band from this violent Course.
Upon this, Sir Cahir sent his own Lady and Captain Hart into an∣other Room, and only kept Harts Wife and some few Soldiers with
Page 14
him, and as soon as she came to her Self, he told her, that unless she would go along with his Soldiers, and get them a Peaceable en∣trance into Culmore, her Self, her Husband and Child should be mur∣dered; at which she was so terrified, that she submitted to the under∣taking; and went with the Rebels to the Castle that Night, and told the Centry a formal Story, that her Husband had broke his Leg: Whereupon she was without scruple admitted in by the Soldiers that knew her Voice; but the fatal Consequence of this Folly was the Murder of all the Garison (not excepting her own Brother, who had come thither to see her) and the Plunder of all they had; so that she was utterly undone, altho' her Life and her Husbands was saved.
Moreover being fledged with this Success, the Rebels about two a Clock in the Morning attempted the Fort and Town of Derry so sur∣prizingly that they took them with little or no Resistance,* 1.42 and they Murdered the Garison and the Governour Sir George Pawlett, and plundered the Town and burnt it to Ashes; they also took the Bishop of Derry's Wife and Children, whom they kept Prisoners, and then proceeded to besiege the Castle of Lifford.
Undoubtedly the Government well enough understood, that this Re∣bellion was designed to be the most general that had ever been in Ire∣land;* 1.43 and that the Confederates had better Assurance, or at least a stronger Expectation of Foreign Aid, than in any Rebellion heretofore; and that the Censures of Salamancha and Valledolid, had convinced all the Popish Clergy, of the Unlawfulness to assist a Heretick Prince or People against the Church, and therefore it was resolved in Council to nip this Rebellion in the bud, if possible; and accordingly Sir Richard Wingfeild was first sent with a Detachement to hold the Rebels in play, and was followed by the Lord Deputy and the rest of the Army: Nevertheless O Dogbarty held out five Months with various Success, and perhaps had done so much longer,* 1.44 Succours being coming to him from all parts of the Kingdom, if he had not been Slain by an accidental Shot, which ended this Rebellion with his Life: there were some of the Rebels taken and executed, who, Mr. Sullivan says, died Martyrs for denying the King's Supremacy, and yet, he confesses, they were concern'd in this Rebellion: So gross are the Cheats, which the Irish Historians and Priests do put upon their deluded Countrey men.
The King was highly provoked at this Ingratitude of the Rebels, whom he had formerly pardoned and restored, and therefore caused such of them, as were alive, to be Outlawed, and both them and the rest to be afterwards attainted by Parliament; whereby part of the Counties of Donegall, Tyrone, Colerain, Eermanagh, Cavan & Armagh, containing 511465 Acres of Land, was forfeited or escheated to the Crown, and the whole was surveyed, and most part of it disposed of in the manner following, that is to say,
- To the Londoners, and other Undertakers
- 209800
- The Bishops Mensall Lands
- 003413
- The Bishops Ter••ions and Erenacks
- 072780
- The College of Dublin
- 009600
- For Free-Schools
- 002700
- To Incumbents for Gleab
- 018000
- The Old Gleabs
- 002268
- To Deans and Prebends
- 001473
- To Servitors and Natives
- 116330
- The Impropriations and Abbey-Land, &c.
- 021552
Page 15
- The Old Patentees and Forts
- 038214
- To New Corporations
- 008887
- Restored to Macguire
- 005980
- Restored to several Irish.
- 001468
There hath been given already a short hint of the Commission of Grace, or, rather, the Commission for Remedy of defective Titles, and it seems there were several Commissions that had a Tendency that way, viz. To establish and secure the Subjects in the quiet Possession of the Estates they enjoy'd; for on the 4th of June 1606, the King, by his Let∣ters Patents dated at Hatfeild, did authorize and impower the Lord-Deputy, and other Commissioners, to Bargain, Sell, &c. any Man∣nors, Lands, &c. forfeited, or otherwise belonging to the Crown, to any Person in Fee-Simple, and discharged of all mean Profits. And on the 15th of July following, a Proclamation was published to this ef∣fect, That if any Person, deriving Title since 27 Hen. 8. shall, before the 25th of July 1607, petition the Commissioners for a new Patent, he shall have one on an easie Fine, and without discovery of his Title. And that whereas a former Commission of the 19th of July 1605, im∣powered them to take Surrenders of those that held by Tanistry, and had no Title but Possession; if any such will make their Surrenders at any time before the said 25th of July 1607, they shall have new Pa∣tents granted to them immediately after such Surrender. And now, by another Proclamation of the 19th of June 1609,* 1.45 the Period of time was enlarged, and the Subjects were assured, that their Surrenders should be accepted, and Regrants should be made to them notwithstanding any Mesne Signiory, saving the Rents and Services to the Mesne Lords as formerly, and reserving the established Composition and Rent to the King.
And because the Cities and Towns of Dublin,* 1.46 Waterford, Corke, Lime∣rick, Tredagh, Galway, Wexford, Ross, Youghall, Kinsale and Knockfergus, had submitted to the King's Pleasure, as to the Customs and Poundage, his Majesty did, by Letters of the 3d of March 1608, order the Lord-Deputy to renew their respective Charters, with addition of reasona∣ble Privileges: And about the same time the City of Waterford petiti∣oned the Lord-Deputy, that they were oppressed and overburdened in finding Quarters for 100 Soldiers, whereas they ought not to find Quarters for more than 50.
There were a great many Projects in England for the Plantation of Ulster;* 1.47 but many things that seem'd speclous in the Theory, were afterwards found disadvantageous or impracticable. Sir Francis Ba∣con's Notion was signified by his Letter to the King, and is to be found in his Re••••scitatio, pag. 255. but it is not so exact as rest of that Great Man's Works: However, the Lands designed for the Un∣dertakers were this Year disposed to them, and two Books of Articles were printed for their better direction; and it was particularly men∣tion'd in their Agreements, That they should not suffer any Labourer that would not take the Oath of Supremacy, to dwell upon their Lands.
But the incomparable City of London was the Soul and Life of the intended Plantation; and therefore the Lords of the Council in his Majesty's behalf entred into Articles with that City, the Twenty eighth day of January, 1609. to this effect.
First, That Twenty thousand Pounds be levied by the City, Fifteen thousand Pounds of it to be expended in the Plantation, and Five thousand Pounds in clearing and buying Private Titles.
Page 16
Secondly, That Two hundred Houses be built at Derry, and room for Three hundred more, and Four thousand Acres profitable Land to be laid thereto; and that the Bishop and Dean shall have conveni∣ent Plots for their Houses.
Thirdly, That a hundred Houses be erected in Colerain, and room for Two hundred more, and Three thousand Acres to be annexed thereto, and the King to maintain a Bridge for ever.
Fourthly, That the whole County of Colerain be cleared by the City from all Claims, except three or Four Irish Free-holders, and the Bishop and Dean of Derry; and the City to have the whole Territo∣ries of Glancanken and Killetragh, and the Patronage of Churches.
Fifthly, That the aforesaid Four thousand and three thousand Acres pay a Fee-farm Rent of Fifty three Shillings and four Pence, and be held in Free Burgage, and all the rest in Common Socage.
Sixthly, That the City shall have all Customs, Tonnage, Poun∣dage, &c. for Ninety nine Years, at Six shillings eight pence per Ann. and the Fishing of the Ban and Laghfoyl as far as it ebbs.
Seventhly, The City to have liberty to transport Prohibited Goods growing on their own Lands, and the Office of Admiralty in the Counties of Tyrconell and Colerain.
Eighthly, That no Flax, Hemp, Yarn, or Raw Hides, be transport∣ed from Derry or Colerain, without Licence of the City-Officers.
Ninthly, That their Land be freed from all Patents of Privilege, and all Compositions and Taxes.
Tenthly, That they have the Castle of Culmore, keeping a Ward in it.
Eleventhly, That the Liberties of each Town shall extend three Miles each way, and shall have such farther Liberties as shall be thought fit on view of the Charters of London, Cinque-Ports, Newcastle, and Dublin.
Lastly, That the King shall keep necessary Forces a convenient time, and that the City shall have Seven years to make demand of any thing reasonable and necessary, which cannot be now foreseen; and that an Act of Parliament shall pass to ratifie these Articles, and the City to build sixty Houses in Derry, and forty in Colerain, with suffici∣ent Fortifications, by November next, and to finish all by November, 1611. But afterwards, on the Twenty eighth of March, 1611. the Lon∣doners finding that they could not possibly accomplish their Undertaking within the appointed time, petitioned the King that they might be permitted to proceed in their Buildings at Colerain, and leave alone Derry till the next Year; which was granted, provided they would finish Colerain that Summer, and fortifie (or rather inclose) Derry.
It seems the King and Council of England resolved to proceed ef∣fectually to the Reformation of Ireland, by making Laws, and by put∣ting those that were made in execution, and by putting that King∣dom under a regular and methodical Government; and in order to it on the twenty fourth day of June, 1611. the Lord Carew was sent Commissioner to Ireland to inspect Affairs there, and to endeavor to lessen the Publick Charge, and to inhance the King's Revenue, and to provide for a Parliament. He had Five Pounds a day allow'd him from the twentieth of May, and Four hundred Pounds Imprest he re∣ceived in England, and was to sign next to the Deputy all Orders of Council-board.
And tho' the Lord Deputy complain'd that the Forts of Halbowling, Castle-ni-park, Duncannon, Gallway, and the Castle of Limrick, were not
Page 17
finish'd and repair'd, and that the Londoners did not proceed to build at Derry, tho' they did at Colerain, and that it was necessary to keep a considerable Force in the Kingdom; nevertheless the Lord Carew and Council did proceed to lessen the King's Charge 13893 l. by re∣forming the Army, which they reduc'd to 176 Horse, 1450 Foot, and 123 Warders; contrary to the Deputy's Opinion, who was therefore traduc'd as partial to Military Men; and it seems that immediately the Fort of Castle-ni-park (that is▪ the Stone-work of it) was built, and afterwards a Blockhouse was also erected down lower, and almost level with the Water; and they also setled the Customs in all parts of the Realm.
On the thirteenth of July, 161••. the former Proclamation of the fourth of July, 1605. against Titular Bishops, Jesuits, Friars, &c. was reviv'd, but so faintly executed, that I find mention only of the Titu∣lar Bishop of Down and four Friars to have been apprehended there∣upon. There were also Orders issued to tender the Oath of Supre∣macy to all Magistrates, Justices of the Peace, and other Officers, and to displace those that would not take it.
And in August there was an Inquisition by Jury to discover the Breaches of Articles made by the Planters and Undertakers in Munster, and particularly, Whether any Irish, contrary to the Plantation-Covenants, were permitted to inhabit or dwell on the Lands granted to the Underta∣kers? Moreover there was a general Muster of the Signiory-men, or English Inhabitants on the Plantation-Lands, at which no body was found so well supplied with British Tenants as Sir Richard Boyle, after∣wards Earl of Cork; for there were mustered of his own Tenants at Tallow, Eighty Horsemen, One hundred eighty six Pikemen, Two hun∣dred and fifty Shot, and Six Halberdiers.
It is observed, That all the Goods and Merchandizes exported and imported this Year did not exceed the Value of 211000 l. and be∣fore this time there was so little Foreign-Trade, that Seven Years Customs (probably from the beginning of the King's Reign to April, 1609.) did amount to no more in the several Ports than as fol∣loweth, viz.
l. | s. | d. | |
Seven Years Cu∣stoms in Wexford | 36 | 08 | 10 |
Ross | 53 | 10 | 09 |
Drogheda | 215 | 02 | 08 |
Carigfergus | 399 | 06 | 07 |
Youghall | 70 | 00 | 00 |
Kingsale | 18 | 02 | 03 |
Derry & Ballyshanon | 35 | 03 | 10 |
Cork | 255 | 11 | 07 |
Dingle | 01 | 06 | 06 |
Waterford | 716 | 03 | 07 |
Dublin | 1890 | 02 | 01 |
Dundalk | 65 | 19 | 06 |
Gallway | 72 | 17 | 06 |
Limrick | 141 | 09 | 06 |
Dungarvan | 00 | 13 | 11 |
But it seems that this was only the Custom of Prohibited Goods, and the Three pence per Pound for other Goods, due by Common Law.
But the Irish were very uneasie at the Plantation of Ulster, and there∣fore it was necessary to countenance and protect it with an extraordi∣nary Militia in that Province; to support the Charge of which, the King,* 1.48 on the 22th. day of May, instituted the Order of Baronets, which was to be Hereditary, and not to exceed the number of Two hundred; and every of them, upon passing the Patent, was to pay into the Exchequer as much Money as would maintain Thirty Men in
Page 18
Ulster for Three Years, at Eight pence a day. But if the Reader de∣sires to know more of this Order, I must refer him to Selden's Titles of Honour, pag, 822. and 909. and The Present State of England, pag. 289. and Sir Richard Baker's Chronicle, ad Annum 1611.
But there had not been a Parliament in Ireland for Seven and twen∣ty Years past, since the Twenty seventh Year of Queen Elizabeth's Reign; so that it was high time to call one now; and the Ministers of State were at work to manage that Matter to the advantage of his Majesty, and the English Protestant Interest in that Kingdom, which they foresaw would be oppos'd with might and main by all those of the Popish Party; and therefore they propos'd that an Order should issue for every Parliament-man to take the Oath of Supremacy, and that the Lords should declare their Suffrages openly, Content or Not content, as in England, and not rise and whisper in the Lord Chan∣cellor's Ear, as was the Custom in Ireland; and that the King should find some Pretence to send for some few of those Noblemen that would most briskly oppose his Intentions, as Henry the Eighth had formerly done; and particularly, that the Lord Courcy might not be suffered to sit in the House, because his Ancestors were called by Writ, and so his Honour being in Fee-simple, did descend to Daughters, who were Heirs-general of his Family; and that the Lord Shrewsbury's Titles of Honour in Ireland were not* 1.49 forfeited by the Act of Absen∣tees, and therefore he might have a Voice in that Parliament, or make his Proxy; and that for the Credit of the Business, the Lord Deputy might be Ennobled before the Parliament sat. But some of these were not practicable, and the rest not thought fit to be done at that time.
But I must not forget to take notice of a necessary Office in those days, tho now it be obsolete, viz. the Interpreter to the State, which was enjoy'd by Thomas Cahill, with an Annual Sallary of 26 l. 6 s. 8 d.
In September the Lord Deputy published a Proclamation of the in∣tended Parliament, and thereby invited the Subjects to exhibit their Grievances, and to consider of Proposals for the Publick Good, to be past into Acts; and he also signified his Majesty's gracious Intentions to erect some new Corporations, for the better Encouragement of the Plantation of Ulster.
And it seems that the Government was thenceforward imploy'd about the Plantation of Ulster, and the Preparation of Bills to be past in the approaching Parliament, and in erecting of some new Corporations, viz. Belfast, Charlemont, A••trim, Bandon, Cloghnikilty, Tallow, Newry, Lifford, Donegall, Ballyshanon, T••••am, Eniskilling, Traly, Athy, Bir, Kilmallock, &c.
The Bills that were design'd to be made Acts of Parliament, were,
- 1. An Act to cut Paces, and mend High-ways.
- 2. To extinguish Uses, and suppress fraudulent Conveyances.
- 3. That Sale in Market overt should not alter Property of Stolen Goods.
- 4. For the Enrolment of Deeds of Bargains and Sale, and for Conveyance of Land.
- 5. To try Accessories in Foreign Counties.
- 6. To reduce Peremptory Challenges to Twenty.
- 7. To enable Tenant in Tail to make Leases.
- 8. To deprive some Criminals of Benefit of Clargy, as in England.
- 9. For making Linen Cloth, sowing Hemp and Flax.
- 10. For Trial of Pyrates.
- 11. To Re-edifie Cathedral Churches, and to remove some of them to Gallway, Dingle, Carigfergus, Newry, Wexfo••d, Cavan, &c.
- ...
Page 19
- 12. To restrain Ecclesiastical Persons from Alienating, &c.
- 13. Against Pluralities, Non-residence, or Simony.
- 14. Against Receivers and Harbourers of Jesuits, Serminary Priests, &c.
- 15. And sending Children beyond Seas.
- 16. Against Idle Holy-days.
- 17. To expe•• Monks, Friar••, Nuns, &c.
- 18. To give the King all Chantries and other Superstitious Uses.
- 19. To establish the Compositions.
- 20. For the Attainder of the Earls of Tyrone, Tytconel, and others.
- 21. To revive and perpet••ate the Impost of Wines.
- 22. To Naturalize Manufactures.
- 23. To resume all Immunities to Corporations from Customs.
- 24. That those Attainded of Treason in England, shall forfeit their Estates in Ireland.
- 25. An Act of Recognition.
- 26. To abolish the Brehon, Law, and Tanistry, and Irish Exactions.
- 27. Artificers Apprentices to be Free-men in any Corporation.
- 28. Against Idlers and Vagabonds.
- 29. The Barony to answer the Stealth, unless they can track it farther.
- 30. That Bastards take the Name of the Mother, and that it be Felony to lay it to any Man.
- 31. No Man to keep a Woman as a Wi••••, and turn her away at pleasure, on pain of One Years Imprisonment: And if any Authorized Priest do divorce, it to be Felony.
- 32. Against Usury above Ten per Cent.
- 33. To impower Judges of Assi•••• to raise Taxes for Court-houses and Goals.
But in November 1612▪* 1.50 the Popish Lords dissatisfied with these Pro∣ceedings, wrote a joynt Letter to the King; complaining that the Bills to be passed in the next Parliament were not Communicated to them; they also complained of the new Corporations, and that the Oath of Supremacy was tendered to Magistrates, and they insinuated the Danger of a general Revolt; and concluded, that if the Laws about Religion were repeal'd, a firm and faithful Subjection would be established in their Minds; and on the 17th. of May 1613. the Po∣pish Lords did Petition the Lord Deputy to the effect aforesaid, add∣ing nevertheless some stubborn and unseemly Expressions, and que∣stioning the Kings Prerogative in erecting new Corporations, or call∣ing by Writ new Lords to Parliament; and they affirmed, some of the new Burroughs were unfit to be incorporated, and they excepted a∣gainst the Castle of Dublin for the place of Session; and the rather because the Ammunition being there, they might be in Danger of be∣ing blown up; and they were troubled at the Lord Deputies Guard, as that which they said was design'd to keep them in Awe, and terrifie them into Compliance.
But these were but vain Pretences,* 1.51 for they well enough knew that the Guard was but 100 Men, as was usual and Customary; and that it was impossible to blow up the Papists, but that the Protestants also, and perhaps the City of Dublin must have likewise been destroy'd; on the contrary, the Papists were so far from being afraid, that they were very tumultuous, and came to Dublin in vast numbers to frighten the Government: The Lord Gormanstowne was amongst the most Sedi∣tious and unruly; he was one of the forwardest in disturbing the Lord Deputy with importunate and impertinent Petitions, and refused to carry the Sword before him to Church; he had formerly mis-be∣haved
Page 20
himself before the Lord Duputy at the time of the Gun-powder-Treason, and he quarrelled with the Lord Barry in the Deputies Pre∣sence; and the Lord Roch, Delvin, Trimletsowne and Slane were not less troublesome; Sir Walter Butler, Girald Nugent, Sir Thomas Burk, John Moore, Richard Wadding, and Boetius Clancy had their share in these Seditions; and Thomas Lutterell had the Confidence to make Comparisons with the Earl of Thomond, even in the Lord Deputies Presence.
But it will be pertinent to our Design,* 1.52 and not unpleasant to the Reader; to hear O Sullivan give an Account of this Parliament, which he says was observable for the Cruelty of the Protestants, and the Civil resistance of the Catholicks: And first he tells you, That when the Senate meddles with Religion, it becomes a wicked Conventicle rather then a Par∣liament; that the Old Irish Grandees, had Hereditary Voices in Parliament long before the English Conquest, but are now denied them, unless they have English Titles, which alone makes the English Parliament in Ireland void, since the principal Members are excluded: The Catholick Bishops are serv'd in the same manner, and the Heretical Usurpers of their Sees and Titles, vote in Parliament in their stead.
The Protestants thought the Advancement of those Laws, which they had made against Christ in England, to be the readiest way of suppressing the Catholick Religion in Ireland, if they could get them Enacted here; but knowing the Catholicks would be most numerous in Parliament, they us'd all imaginable Artifices of force and fraud, to get Protestants unduly return'd, they Elected their new Colonies into Burroughs and Counties, to encrease the number of Heretical Parliament men; they made small Villages into Corporations, and made Porters, Barbers and Strangers Burgesses for those Corporations, and caused four Ministers to represent the Clergy of every Diocess; nevertheless many Irish Gentry were chosen, whom the People (Men Women and Children) desir'd, to take Care of Religion, assuring them, That all should be void, that should be Enacted against the Catholick Faith; and when the day came, most of the Irish Gentry (thô not Par∣liament men) came to Dublin, that they might be ready there upon the place, where their highest Concern, viz. Religion was to be debated; least perhaps any thing should happen contrary to Expectation.
The Catholicks were troubled, because they could not find out what was to to be treated of in Parliament; till at length they got sight of a Bill to ex∣pel the Catholick Clergy, and the Titles of eleven Bills more, viz.
- 1. For the building a convenient Prison for Noble Men, in the Castle of Dublin.
- 2. For disarming Idlers.
- 3. About O Murroughs Lands.
- 4. Against Marriage between Irish and Scots (I suppose, says he, for fear they should joyn against the English)
- 5. For banishing Hamilton and Wart; if they refuse the Oath of Su∣premacy.
- 6. That the Sallaries be continued to the new Pensioners, tho' they refuse the Oath.
- 7. For the distribution of the Money forfeited by Recusants.
- 8. That the Children of Noble Men be sent into England.
- 9. That stubborn Corporations shall loose their Franchises.
- 10. The Recusants shall pay two Shillings a Sunday.
- 11. For the more Cautious issuing of Excommunications (for before that,* 1.53 English would kill an Excommunicated Catholick, says he,)
Page 21
But the Cathalicks resolving, to resist even to Death, thought of two ways: First, To hinder the meeting of the Parliament if possible: and Se∣condly, If it met, not to receive, or admit of the Heretick Parliament men, because not Inhabitants in the Towns that chose them: And with this De∣sign they went to Dublin, where all the Catholick Clergy also went to encourage the Gentry in this Holy Resolution.
On 18th. May 1619.* 1.54 The Parliament met at the Castle of Dublin; and first, the Lord Botevant carried the Sword before the Deputy to Church, to hear the blind Ministers of the Devil; and that being over when they came to the Castle, the Guard disarmed the Nobility and Gentry as they entered, but some resisted and did not part with their Arms, and others that did, ••ad other Arms secretly about them.
No sooner they State, but the Soldiers were drawn into a Body in the Yard, to terrifie the Catholick Members, who in the upper House were less in number then the Protestants; however resolv'd rather to dye (which they expected) then to forsake the Catholick Religion; but if they had died for it, The Gentlemen and Citizens then in Dublin assembled from all parts of the Kingdom, had certainly reveng'd their Deaths; and now the Eyes even of the English Irish were open, and they cursing their for∣mer Folly, in helping the Heretick, would have repair'd it by a hearly Conjunction, with the Old Irish now 〈◊〉〈◊〉 And afterwards he says, That when the Papists refus'd to sit in the Parliament, the Deputy did not dare to proceed without them; not did he dare to force them, because the Pa∣pists had many Friends in Town ready armed; and the Deputy feared a Ge∣neral defection if he had proceeded my farther, and then he says, the SOUNDER part of the Clergy always oppos'd the Attaind••re of O Neal O Donell, &c. And the Archbishop of Tuam wrote a notable Letter a∣gainst it, but the worser part of the Clergy (he means those of English Extraction) perswaded the Popish Members to Consent to that Act; but it is time to leave this whilsting Fellow, and return to the true History of this Affair.
The Lord Deputy having Notice, that several Papists that were not duly chosen,* 1.55 nor return'd Members of Parliament did nevertheless intend to intrude into the House; did on the 17th. day of May (being the last day of the Term) cause Proclamation to be made in the four Courts, that all those who knew themselves to be duly Elected Parliament then, should attend the Lord Deputy and Council at Three a Clock that Afternoon at the Castle; and accordingly most of them came: Where∣upon the Lord Deputy and Council (sitting in the open Court of the Castle) caused the Chancery Clerk of the Crown, to call over the Names of those that were returned to serve in the approaching Par∣liament; and that being done, they caused Proclamation to be made, that no Body should presume to come into the Parliament House, but such as were return'd as aforesaid.
And 〈◊〉〈◊〉 on the next day,* 1.56 being the 18th. day of May, the Parlia∣ment met; and the Lords House was supplyed by the Earls of Kil∣dare, Ormond, Thom•••••• and Clanrick••••d•• and Viscounts of Buttevant, Form••••, Gormansto•••••••• Mountgarrets and Tullagh and the Barons of Athenry, Kingsale, Kerry, Slane, Killeen, Delvin, Dunboyn, Houth, Tri••••etsowne, Poer, Cahir, Dunsany, Louth, Upp••r Ossery, Castle Connel and 〈◊〉〈◊〉: Besides Twenty five of Protestant•• Archbishops and Bi∣shops that were present; and the House of Commons consisted of Two hundred thirty two Members, whereof about Six were absent, so that of sitting Members One hundred twenty five were Protestants, and 〈◊〉〈◊〉 were P••pists. But the List of the Commons being called
Page 22
over by the Clerk of the Crown: No others, but such as were re∣turn'd as aforesaid, were suffered to enter the House of Lords, to hear the Lord Chancellors Speech; but that being ended, the Commons were ordered to their own House to chuse a Speaker, whom they were to Present to the Lord Deputy the Friday following; and the Lord Deputy told them, that the King had recommended a Speaker to them, one his Lordship thought beyond exception, and should be named to them by some of the Privy Council, when they should come to their House.
And accordingly the House being sate, Sir Thomas Ridgway Vice-Treasurer, and Treasurer at Wars, made a storid Speech; and in the end proposed Sir John Davis for their Speaker, and that he was the Man the King and Deputy thought fittest for that Office, which was answered with a great Acclamation of Consent: Hereupon Sir James Gough stept out disorderly into the midst of the House, and offered to make a Speech there; but being ordered by the House to go back to his place and speak there, he did so, and then (stragling from the Matter in question, which was the Choice of a Speaker,) he alledged, that the new Corporations had no Right to chuse; nor could any Body not resident, or inhabiting in any Corporation be chosen Citi∣zen or Burgess of it; and therefore desir'd that Matter might be ex∣amined; but concluded nothing as to the Speaker, till being deman∣ded for whom he gave his Voice: He answered for Sir John Everard (late one of the Judges of the Kings-Bench; but being an obstinate Re∣cusant, was by his Majesties special Orders removed.) Gough was se∣conded by Sir Christopher Nugent, and William Talbot late Recorder of Dublin; who moved to the same Effect, that the House should he first purged of illegal Members, before they proceeded to the Choice of a Speaker: Sir Oliver Saint John Master of the Ordnance reply'd, That he knew by, experience in sundry Parliaments in England, that the Course and Usage was first to chuse a Speaker, and then to settle Committees and examine Elections; and that in their proper Season, all Disputes about Elections or returns should be decided according to 〈◊〉〈◊〉 and to the Satisfaction of all good Men; and concluded in 〈◊〉〈◊〉 of Davis, and gave his Vote for him.
Hereupon the House was in a confusion: Some crying Davis, others 〈◊〉〈◊〉 but this noise being over, Sir Oliver Saint John said, It was the Usage of Parliament to decide Controversies by Questions, and Questions by Votes; that the Affirmative party usually 〈◊〉〈◊〉 out of the House, and the Negative staid behind▪ and so he 〈…〉〈…〉 were for Sir John Davis to follow him out, 〈…〉〈…〉 to the number of One hundred twenty five. The Treasurer and Marshal 〈…〉〈…〉 Sir Christopher 〈◊〉〈◊〉 and Sir Christopher Nugent to joyn with them in numbering each Party on the contrary, those in the House gathered themselves into a 〈◊〉〈◊〉, that so they could 〈…〉〈…〉; however the whole number of the House 〈…〉〈…〉 Two hun∣dred thirty two, where of Six were absent, it was manifest that Sir John Davis had the Major Vote; the Papists knowing this, thourght to gain their point by a Trick, and therefore whilst the Protestants were numbering without, the Papists within that the Door, and pretending themselves (because Actually fitting in the House to be: the House of 〈◊〉〈◊〉 they unanimously chose 〈◊〉〈◊〉 and 〈…〉〈…〉 The Protestants being return'd, 〈…〉〈…〉 contemptuous Proceeding, and declar'd the Election of Davis and desir'd 〈◊〉〈◊〉 to leave the Chair, but 〈…〉〈…〉 still and there∣upon
Page 23
Sir Oliver Saint John told him, that if he would not come out, they should be oblig'd to pull him out; and accordingly the Treasurer and Marshal did take Davis, and fet him in the Chair on Everand's Lap; but Everard continued obstinate, and therefore, the Treasurer Master of Ordnance and others did gently remove him, and did place. Davis in the Chair, altho Sir Daniel O Brian, and Sir William Bank endeavored to keep him in: Hereupon all the Papists departed the House into an outward Room (for the outer Door was shut, by Orders of the House on their first sitting) and Sir John Bleverhasset, and Ser∣geant Beer being sent to them, to desire their return to the House, were answered, that they would not return, but would appeal to the Lord Deputy; then Mr. Treasurer, and Sir Henry Power went to them again, and Mr. Talbot in the Name of the rest told them, That those within the House were No House; nor their Speaker No Speaker, but that They were the House, and Sir John Everard, their Speaker, and they would complain to the Lord Deputy and the King: After this Sir John Davis began his Speech, to excuse himself, &c. but Sir Wil∣liam 〈◊〉〈◊〉 and Sir Christopher Nugent interrupted him, and rudely rushed in, to call for the Keys of the outer Door; and being ordered to take their Places, they refused, and contempruously went out again; and the outer Door being opened, all the Papists went out, and pro∣tested they would return to the House no more.
On Friday after, the House sat, to the number of 130, whereof 14 Privy Counsellors; and the Lord-Deputy sent for Mr. Marshal and the Master of the Ordnance, and told them, That William Talbot had been with his Lordship and receiv'd Commands, that the Papists. should re∣turn to the House; and that Talbot had desir'd an hours time to re∣turn an Answer; and that his Lordship had given time till Three in the Afternoon; and therefore desir'd, that the Commons would send their Sergeant at Arms to summon the Recusants, to be at the House at that time; but the House refused to send their Sergeant at Arms, because the Recusants had appeal'd to the Deputy: so they rose, and met again at Three a Clock, but no Papists came near them, and therefore they went by themselves to the Deputy, and presented their Speaker; and being ask'd, whether they were the greater number of the House, and unanimous in the Election: They answered in the Affirmative, so their Speaker having made the usual Speech, was ap∣proved of; and then he made an excellent Discourse about Parliaments in general, and This in particular, and then the Commons went to their own House, and adjourned to the next day.
In the mean time, on the 19th. of May the Popish Lords wrote a Letter to the King full of Complaints, of the strange and preposterous Proceedings (as they term'd it) about the Speaker; they express'd their Passions with moving Epithits, stiling their Sedition Pins dolor, and Justa-Iracundia; they did not vouchsafe to give the Parliament that Name, but called that Assembly, An intended Action; they also called the New Burroughs Titul•• sine re, and sigmenta sine rebus; nor did they spare to reffect on the Persons of some of the new Burgesses of the new Corporations, and even to intimate some Menaces of Rebellion, and in a manner delineated and discrib'd how it would be Ima∣naged.
And the same day, the Papists of the House of Commons did like∣wise write to the Lords of the Council in England, about the new Cor∣porations; and the wrong done their Speaker Everard, and they ex∣aggerated their Complaints to that degree, as if their Extremities
Page 24
and Sufferings were so strange and so intolerable, that they wanted Words to express or Patience to bear them; and they laid all the blame on the Principal Officers and Counsellors of State: And on the twentieth of May the same Men petition'd the Lord Deputy to di∣spence with their Attendance in the House of Commons, because they were afraid of their Lives; and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it; and they demanded to have a sight of the King's Letters, the Grants and Charters of the New Corporations, and of the Returns of Elections.
And the next day, being the 21th of May, they petition'd the Lord Deputy again, importing, That if they might be secure of their Lives, and have the Benefit of the Law, and that the Returns may be rectified, that then they would repair to the House and present the Speaker: All which the Lord Deputy granted and promis'd; and thinking that they sincerely meant as they spoke, his Excellency went to the Upper House, in expectation that they would joyn with the rest of the Lower House, and attend him with the Speaker: But in stead of that, on the same day they petition'd again, That the new Bur∣gesses might be first excluded, and not admitted into the House, till their Case was debated and determin'd; altho they well enough knew, that what they propos'd was unpracticable, until, first a Speaker was setled. But their Business was to baffle and avoid this Parliament, if possible; to effect which, they little matter'd what vain Pretences they made use of: And therefore tho the Lords had nothing to do with the Lower House, yet to make a Clamour, as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th, of May, to the effect aforesaid; and in their Petition asserted, That the Lord Deputy's Commission did not authorize him to make New Corporations; and concluded with a Request to be excused from attending the Parliament, and to have leave to wait on the King in England. The Deputy told them, That the Affairs of the Lower House did not concern them, and therefore commanded them to attend their own House, and to proceed in a Parliamentary way to the Business of the King and Kingdom: But they persisted in their Obstinacy, and on the 23th. of May they sent him a Writing in the Form of a Petition; whereby they positively refus'd to come to Parliament, until the King should take some better order to settle Matters as to the Lower House; for tho the Houses were distinct, yet they made but One Body, and were but One Parliament; and they protested against all Laws that should be made in their absence, and that if any be made, the Subjects will reject them as disorderly and unjustly enacted••▪ And this was followed with a Petition of the Commons, on the 25th, of May, wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporati∣ons, and for their Charters and the Returns of all the Elections, and for a Copy of his Commission to hold that Parliament, and for License to send Agents to England, to acquaint the King with their Complaints.
Nevertheless, the Lord Deputy by Proclamation commanded them to their respective Parliament houses, to pass the Act of Recognition of his Majesty's Title; assuring them, that no other Bill should be read that Session: And he also sent a Messenger to every Lord parti∣cularly, to Summon him to attend the House: But the Commons were so far from complying, that on the same day, viz. the 26th of May.
Page 25
they presented him with a Petition Recognizing the King's Title, but utterly refusing to sit in the House, unless their Speaker Everard might be approved, and the new Burgesses rejected.
And the next day the Lords did in like manner by Letter Recog∣nize the King's Title, but refus'd to come to their House until the Affairs of the Lower House were rectified and setled.
Nevertheless, both the Popish Lords and Commons had such a great Attendance, and there was so great a Concourse at Dublin from all parts of the Kingdom, (which probably did wait but for some Pretence to be in Action) that the Government did not think fit to imprison any of the Mutineers, but took a wiser Course, by adjourning the Parlia∣ment, that so his Majesty's Pleasure might be farther known.
The Recusants lost no time, but sent over Agents to the King, and levied a Tax upon the People to bear their Charges, altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents, or to levy any Tax for that purpose; and assur'd the People, that the Agents went over for their own private Business, or Caprichio, and not for the Publick Good. Nevertheless, it appears by the Examination of John O Drea and Donough O Drea,* 1.57 taken upon Oath before Sir Lawrence Parsons, that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeo∣man, and Five shillings of a Gentleman; and that the Lords Barry, Roch, and others, carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin, to instruct them how to be∣have themselves there, and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald, unto the whole King∣dom of Ireland, or rather all the Papists in it, authorizing them to forswear themselves in all Matters moved unto them by the Protestants, provided they do it equivocally, Ita quod interna ment•• secus opinentur, and that the Deponent saw and read it.
It seems that the King, who was of a peaceable temper, and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot, and Two hundred and twelve Horse, was willing to end this Matter in the mildest manner he could, and recei∣ved the Irish Agents kindly; and the better to inform himself in this Affair, he sent for the Lord Deputy into England, and order'd him to substitute Lords Justices,
- Doctor THOMAS JONES Lord Chancellor,
- Sir RICHARD WINGFIELD Marshal,
MY LORDS,
THese Noblemen and Gentlemen of Ireland are called hither this day to hear my Conclusion and Determination in a Cause of great consequence,* 2.1 which hath depended long in Trial. Thus far it hath had Formality; for it is a Formality that Kings hold in all Processes of importance, to proceed slowly, to give large Hearings, and to use long Debate, before they give their Sentence.
Page 26
These Gentlemen will not deny that I have lent them my own Ear, and have shewed both Patience and a Desire to understand their Cause at full: It resteth now, that we make a good Conclusion, after so long Debate. It is a good Rule to observe Three Points in all weighty Businesses; Long and curious Debate, Grave and mature Resolution, and Speedy Execution. The First is already past; the Second is to be perform'd this day; and the Last must follow as soon after as conveniently may be.
I promis'd to these Noblemen and Gentlemen of the Recusant Party of Parliament, Justice with Favour; let them see whether I have perform'd my Promise: Sure I am, but for performance of that Promise, I should not have given such a patient Hearing, nor made such a curious Search into the Causes of their Complaints; neither should I make such a Conclusion as I am now like to make of this Business.
In the Search (tho' I doubted not of the Honour and Justice of the Lord Deputy's Government) yet I dealt not with him as with my Servant, not as with one the most unreprovable Governor that ever was in that King∣dom (as some of your selves have acknowledg'd him to be to my self) but as with a Party: But after the Commissioners had heard all that could be alledged, I found him indeed a faithful Servant by their Certificate, which was Conclusio in Causa.
The Gentlemen I sent were such as no Exception could be taken against them: Some were never there before; some, so long sithence, that rerum facies fuit mutata, since they lived in that Kingdom.
It rests in me now to set down my Conclusion; but before I declare my Judgment, I will speak of some things offered by you the Recusant Half∣body, which are called Parliament-Becusants. I have heard of Church-Re∣cusants, but not of Parliament-Recusants; this Difference was never before heard of.
First, The Letter you sent unto me in the beginning of the Parliament was full of Pride and Arrogance, wanting much of the Respects which Subjects owe to their Sovereign.
Now if I should do you Justice, I should take you at your Word, lay to∣gether your Offer in your Letters, and the Articles which my Attorney laid open unto you; then shall you see your Case.
For you made offer, That if you failed to prove any one Point of that which was contained in your Complaint, you would renounce my Favour in all;* 2.2 yet have you scarce proved a Word true; but, on the other side, almost every Point hath been proved contrary.
Of Fourteen Returns whereof you complain, but Two have been proved f••lse; and in the Government nothing hath been provad faulty, except you would have the Kingdom of Ireland like the Kingdom of Heaven.
But commonly Offenders are most bold to make Offers of their Innocency; for they (being in passion) begin in heat, and continue in heat; but when they see themselves in the Glass of their own Vanity, they find their Error, And this I have found in my own Experience in Scotland, and since my coming hither.
Now I will divide my Speech into Two Parts; touching the Offences done by you, and your Complaints against the State and Government.
To the First, An unusual Favour was offer'd you by my Deputy▪ for he sent for you, and advised you to consider what Laws were fit to be pro∣pounded for that Commonwealth, and offer'd to concur with you. Your An∣swer should have been Humble Thanks on your Knees; but you neglected that Favour, and answered by your Agent in the name of the rest, That you would first be made acquainted with such Bills as the Deputy and Council there had resolv'd to transmit.
Page 27
Before the Parliament, there was sent to me by a few Men a Letter rash and ins••lent, That nothing should be pursued in Parliament, but you should be acquainted with it; and withal threatning me with Rebellion in a strange fashion, with Similitudes unsavoury and unmannerly, and unfit to be presented to any Monarch; and after that, you did nothing but heap Complaint upon Complaint, till the Parliament was sat down. The Parliament being sat, you went on with a greater Contempt: There were in the Lower House Two Bodies, and but One Head; a greater Monster than Two Heads upon One Body. And whereas you should have made an humble and dutiful Answer to the Commendation which I made of a Spea∣ker, you the Recusant-party (being the fewer) when the greater Number went out to be numbred, shut the Door, and thrust one into the Chair as a Speaker manu forti. After this, the Recusants of both Houses depart from the Parliament. The like was never heard of in France, Spain, or any other Kingdom of Christendom.
Then come Petitions to the Deputy of a Body without a Head, a Headless Body: You would be afraid to meet such a Body in the Streets: A Body without a Head to speak; nay, half a Body; what a Monster were this, a very Bughear! Methinks you that would have a Visible Body Head of the Church over all the Earth, and acknowledge a Temporal Head under Christ, ye may likewise acknowledge my Viceroy or Deputy of Ireland.
Then did the Deputy give you warning to come to the Parliament, to pass the Bill of Recognition, but that you put it off with Tricks and Shifts, which thing I will urge no farther; but why should the Lords refuse to come, they had no colour of Absenting themselves, having nothing to do with the Orders or Disorders of the Lower House, the Lords here, and the Lower House, are▪ as great Strangers in those Matters, as the Parliament Houses of Spain and France; neither had the Recusants of the Lower House any just Cause of De∣fection, since an Indifferent Committee was offered to them.
This was such an ill Example, and such a Crime, to refuse to appear at the King's Summons, as if you shall advise with Lawyers upon it, I know not what it may import: After this, hither you came, and only your Appeal to me hath inclined me to Mercy, yet I speak not this to encourage your Complaints to be brought hither, when the Deputy and State may determine them, though this being a Matter of Parliament, was fit for the King's Hearing, and your Appeal, hath been heard and heard us{que} ad Nauseam.
And whereas it should have wrought Humility and Thanks, the Fruit hath been, that (I will not say in a preposterous, but) in a Rebellious manner, you have heaped Complaints upon Complaints, and Petitions upon Petitions, not warranted with any Truth, to make the more noise; whereas you should have look'd back to your own Miscarriages.
Then I sent Commissioners to examine, as well the By as the main Business, which you first presented to be the Cause of your Appealing to me, but, in stead of Thanks for that Favour, there came yet more new Complaints, which, be∣cause the Council here have already answered, I will not speak of. Now, if you look back to your own Miscarriage, and my Lenity, you shall find; that your Carriage hath been most Undutiful and Unreasonable, and in the next degree to Treason, and that you have nothing to fly to but to my Grace.
The Lower House here in England doth stand upon its Privileges as much as any Council in Christendom, yet, if such a Difference had risen there, they would have gone on with my Service notwithstanding, and not have broken up their Assembly upon it: You complain of Fourteen false Returns, Are there not many more complained of in this Parliament, yet they do not forsake the House for it.
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Now, for your Complaints touching Parliament Matters, I find no more amiss in that Parliament, than in the best Parliament in the World; Escapes and Faults of Sheriffs there may be, yet not them proved; or if it had been proved, no cause to stay the Parliament, all might have been set right by an ordinary Course of Tryal, to which I must refer them. But you complain of the new Boroughs, therein I would fain feel your Pulse, for yet I find not where the Shoe wrings. For, First, you question the Power of the King, Whether he may Lawfully make them? And then you question the Wisdom of the King and his Council; in that you say, There are too many made: It was never before heard, that any good Subject did dispute the King's Power in this point. What is it to you, whether I make many or few Boroughs; my Council may consider the fitness, if I require it; but what if I had made Forty Noblemen, and Four hundred Boroughs, the more the merrier, the fewer the better Chear.
But this Complaint, as you made it, was preposterous, for in contending for a Committee before you agreed of a Speaker, did put the Plough before the Horse, so as it went on untowardly like your Irish Ploughs; but because the Eye of the Master maketh the Horse fat, I have used my own Eyes in taking a view of those Boroughs, and have seen a List of them all, God is my Judge I find the new Boroughs, except one or two, to be as good as the old, compa∣ring Irish Boroughs new with Irish Boroughs old; (for I will not speak of the Boroughs of other Countries;) and yet, besides the necessity of making them, like to encrease and grow better daily; besides, I find but few erected in each County, and in many Counties but one Borough only, and those erected in fit Places near Forts or Passages for the Safety of the Country: Methinks you, that seek the good of that Kingdom, should be glad of it.
I have caused London also to erect Boroughs there, and when they are throughly planted, will be a great Security to that part of the Kingdom; there∣fore you quarrel with that, which may bring Peace to the Countrey, for the Persons return'd out of those Boroughs, you complain they have no Residence, if you had said they had no Interest, it had been somewhat, but most of them have Interest in the Kingdom, & qui habent interesse, are like to be as care∣ful as you for the Weal thereof.
I seek not Emendicata Suffragia, such Boroughs as have been made since the Summons are wiped away at one word for this time; I have try∣ed that and done you fair Play, but you that are of a contrary Religion, must not look to be the only Law-makers; you that are but half Subjects, should have but half Privilege; you that have an Eye to me one way, and to the Pope another way; the Pope is your Father in Spiritualibus, and I in Temporalibus only, and so have your Bodies torn one way, and your Souls drawn another; you that send your Children to the Seminaries of Treason; strive henceforth to become FULL Subjects, that you may have Cor unum, and vlam unam, and then I shall respect you all alike; but your Irish Priests teach you such grounds of Doctrine, as you cannot follow them with a safe Conscience, but you must cast off your Loyalty to your King.
Touching the Grievances whereof you have complain'd; I am loath to spend Breath in them, if you charge the inferiour Ministers of the Country, all Countries are subject to such Grievances; but if you charge the Deputy and State nihil probatur: Indeed I hear (not from you, but from others,) there is one thing grievous to the Country; that notwithstanding the Composition establish'd in the Provinces, the Governours there do send out their Purveyors, who take up their Achates, and other Provision upon the Country; if this had been complain'd of to the Deputy, or to me, it had been reformed, the Deputy himself at Dublin, doth not grieve the Country with any such ••urden.
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Another thing there is, that grieveth the People, which is that in the Country, where there is half Peace and half War; the Sheriffs and Soldiers in their passage do commit many Extortions. For these Grievances I my self will call the Deputy unto me, and set down such Orders in this time of Vacation, as these Abuses▪ shall be redressed and clear taken away; and if any such disorder he sufferd hereafter, it shall be only for fault of Complaining; and because the meaner sort will perhaps fear to complain, I would have such Gentlemen of the Country, as are of best Credit, to present Complaints, which they may do in such manner as the Parties who prefer the Complaints may not be known.
There is a double cause, why I should be careful of the welfare of of that People: First, as King of England, by reason▪ of the long Pos∣session the Crown of England hath ha•• of that Land; and also as King of Scotland; for the ancient Kings of Scotland are descended of the Kings of Ireland; so as I have on Old Title as King of Scotland, therefore you shall not doubt to be relieved when you Complain so as you will proceed without Clamour.
Moreover my Care hath been that no Acts should be prefer'd that should be grievous to that People; and to that end I perused them all except one▪ that I saw not till of late, that is now out of Door; for I protest I have been more careful for the Bills to be past in that Parliament, then in the Parliament of England.
Lastly, For Imputations that may seem to touch the Deputy, I have found nothing done by him; but what is fit for an honourable Gentleman to do in his Place, which he hath discharged as well as any Deputy did, and divers of you have Confessed so to me; and I find your Complaints against him, and the State, to be but causeless Expostulations.
To conclude, my Sentence is, That in the matter of Parliament, you have carried your selves tumultuarily and undutifully; and that your Proceedings have been rude, disorderly and inexcusable, and worthy of severe Punish∣ment; which by reason of your Submission I do forbear, but not remit, till I see your dutiful Carriage in this Parliament; where by your Obedience to the Deputy and State, and your future good Behaviour, you may redeem your by-past miscarriage, and then you may deserve not only Pardon, but Fa∣vour and Cherishing.
Hereupon they were all dismist, and the Lord Deputy having O Dogharty's Estate in Inisowen given to him by the King for his good Service, was sent back with Directions to hold the Parliament, and so on the 27th of July 1614.
Sir ARTHUR CHICHESTER, Lord Deputy to Ireland; and held the Parliament on the 11th. day of October, to which day it had been Pro∣rogued; and now were the Recusants at a stand for some invention or other, to delay the Proceedings of this Parliament; but could not find any other then a very simple Pretence, That the Lord of Slane ought to take place of the Lord of Kerry▪ and hereupon great Con∣tests did arise, and tho' it was formally determin'd on the 11th. of November 1614. by the Lord Deputy and Council, by Virtue of a special Commission; yet the Lord of Slane being egged on by others of the discontented Lords, desir'd are hearing, which was granted; and on the 18th. of the same Month, there was a second Debate, which produced the Confirmation of the former Se••••••nce, in favour of the Lord of Kerry; but notwithstanding that, the Lord of Slane be∣ing perswaded by the Lord of Delvin and some others of the Pale continued obstinate, and refused to Sit in the House, unless
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he might have his right place; but at length being charged upon his Allegiante to appear in the House, he did submit tho very unwillingly.
The Arguments urg'd by the Baron of Slane were. 1. That his Predecessors were from the time of Henry the Second, styled Barons of Slane. 2. That in all Records they are named before the Lords of Kerry, and particularly in a Record in the time of Edward the Second, 3. That the Lord of Gormanstown had precedence of the Lord of Kerry, at the Parliament 48 Edw. 3. and the Lord of Slane took place of him. 4. The Lords of Kerry, from 50 Edw. 3, to 1. Henry the Se∣venth, never served the Crown, nor held any Correspondence with the Government; and therefore forfeited their Dignity. 5. That the Lord of Kerry was indicted of Rebellion, 42 Elizabeth, and pleaded his Par∣don last Term; so that his Call to the Parliament is quasi a new Creation.
The Lord of Kerry answered to the first, That Hussy Fippo and others that held per baroniam of the Palatines, or Lords of Leinster, were sty∣led Barons of Galtrim, Skrine and Bergy, yet were not really Lord Barons, because they did not hold their Lands immediately from the King. To the Second, That it is false; and that there was no Regular Parlia∣ment in Ireland, till 12. Edw. 3 Ergo, No Lord of Parliament till that time; That the Lord of Kerry was there, and so was not the Lord of Slane, besides the Lord Slane held his Barony of a Subject Bar∣tholomew Burghese, one of the Heirs General of Hugh de Lacy; where∣as the Lord of Kerry held his Barony of the King in Capite. To the third, it is denied that the Lord of Gormanstown was at that Par∣liament of 48 Edw. 3. To the fourth, That it is false, and is objected because the Records of those times are lost, but if true, makes no∣thing in this Case▪ and it is notorious, that in the Parliament, 33. Hen. 8. and 3. and 4. Philip and Mary, the Lord of Kerry had his right place. To the fifth, that the Lord of Kerry was not Attainted▪ but being im∣peach'd was Pardoned, and so he forfeited nothing▪ and if he had not an ancient Right to Sit in the Parliament, the Lord Deputy could not Summon him a new, having received no Orders from the King to do so.
But that which was most remarkable in this Tryal was, That one Velden came in and depos'd, that on St. George's day 1594, in the Cavalcade at Killkenny, the Lord Slane had Precedence of the Lord of Kerry, and his Horse was accordingly led before the others Horse; but this 〈◊〉〈◊〉 Witness was contradicted by the Lord Chancellor, the Earl of Thomond, the Lord Dunboyn, and the Marshall▪ all which affirmed that they were then at Killkenny (which Velden Confess'd) and they protested that the Lord of Kerry was not there at all.
And so the next Year, viz. in January 1615. the Earls of Suffolk, Paenox,* 2.3 Worcester and Pembrooke; who by Commission excented the Marshals Office in England, did confirm the Sentence in Ireland; and by their Letter to the Lord Justices determin'd the Lord of Kerryes Claim to be just.
This rub being removed, the Parliament proceeded to business, and notwithstanding the insolence of the Popish Lawyers in the House of Commons, and all the Obstructions they could give, these following Bills were at last passed into Acts, viz.
1. An Act of Recognition, reciting that Ireland which before his Maje∣sties Access to the Crown, had been subject to 〈◊〉〈◊〉 Rebellions, Rapines and Oppressions, was by his Majesties gracious Government 〈◊〉〈◊〉 to better Order;
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and that he has establish'd his Government in the Hearts of his People, by the General Proclamation of 〈◊〉〈◊〉 and 〈◊〉〈◊〉 Actions for Trespassis done in the War between Subject and Subject, at his first coming, by his special Charters of Pardon by Name freely granted to many Thousands by remitting many great Debts, 〈◊〉〈◊〉 of ••ent, and Forfeitures, and by strengthning defective Titles, and re-granting the Lands to them on Surren∣ders▪ by erecting Court-houses, and enlarging the number of the judges and by 〈◊〉〈◊〉 a Civil Plantation in the forfeited Paris of Ulster, (formerly the Ne•••• of Rebellion) to the great Security of the Commonwealth.
2. An Act that all Crimes committed 〈◊〉〈◊〉 the Sea, or within the Jurisdi∣ction of the Admirally, shall be Tried in any County according to the Rules of the Common Law, by Commission to the Admiral or his Deputy, and Three or Four more, or any Four of them.
3. An Act for taking away Benefit of Clergy in certain Cases.
4. An Act for the Attainder of the Earls of Tyrone and Tyrconell, Sir Cahir O 〈◊〉〈◊〉, and several others.
5. An Act to Repeal some former Acts prohibiting Trade or Commerce with the 〈◊〉〈◊〉 Enemies, or to Marry or Foster with them, and commanding to seise them as 〈◊〉〈◊〉.
6. An Act of Repeal of a former Statute against bringing in, retaining, or marrying with Scots.
7. An Act for Repairing and Mending Highways and Cawseys, &c.
8. An Act for avoiding Private and Secret 〈◊〉〈◊〉.
9. An Act of Oblivi•••• and General Pardon.
10. An Act for One Subsidy:* 2.4 Which amounted to no more than 26042 l. and yet the Irish complain'd of it as a heavy Tax, tho' they did not pay above two thirds of it at most.* 2.5
And so the Parliament was by Proclamation dissolved in October 1615.
This Year also was held a Convocation at Dublin, which established Articles of Religion in 104 Paragraphs or Sections; and among them the Nine Articles agreed on at Lambeth, November 20. 1655. are al∣most verbatim to be found.
Because of the 〈◊〉〈◊〉 of some Popish Lawyers in the House, they were not permitted to practise in Michaelmas Term; whereupon the Lord of Rylline and Sir Christopher Plunket petition'd the Lords of the Council in England, That the Statute of 2 Eliz. does not extend to the Lawyers; that they had spent their Time and Patrimony in Study, and they and their Predecesors have done acceptable Service to the Crown, in encouraging the ignorant Multitude to embrace the Freedom and Fruition of the Common Law, which in comparison of the 〈◊〉〈◊〉 Law is of inestimable value unto them: Besides, 'tis prejudicial to their Clients, who have acquainted them with their Evidences, some of which have neither English Language, nor Money to imploy or instruct others; and that it would force them to breed their Children abroad, Secondly, That the Statute of 2 Eliz. is illegally executed, viz. by Indictment; so that the Fees are five times the Penalty of the Sta∣tute, and so two Punishments for one Thing; and in stead of Twelve pence▪ Fine designed to the Poor, Ten shillings is exacted by Clerks and Officers for Fees: Besides, the Forfeiture being appropriated to the Poor, the Clerk of the Peace has no Right to intermeddle. Thirdly, That the Judges of Assize do 〈◊〉〈◊〉 into all Forfeitures since last Assize, whereas there are Sessions 〈◊〉〈◊〉 wherein per∣haps the Party has been punish'd, and so may be punish'd twice.
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Fourthly, That the Ministers do exact Money for Marriages and Christnings, tho they don't officiate; and the Ordinaries exact great Sums for Commutation of Penance: And in all these Particulars they pray Relief.
By Virtue of the King's Letter, of the 12th of April 1615, a Com∣mission issued to enquire into his Majesties Title to the Counties of Longford and Letrim; whereupon a Jury was impanelled, and the In∣quisition return'd, that the Territory of Annaly (now the County of Longford,) containing Nine hundred and Ninety Cartrons of Land was, by King Henry the Second, granted to Hugh de Lacy, who built Castles, and planted English there; and that they were ousted by the O Feralls in the time of Edward the First; and that Faghan O Ferall surrendered that Territory to Queen Elizabeth the 13th of November, in the Twenty ninth Year of her Reign, and that her Majesty regranted it to him 20 Decemb. 30 Eliz. Proviso, the Patent to be void, if the Queen had any other Title than that Surrender, and it finds the Sta∣tute of Absentees.
And by another Inquisition taken about the same time, it appears, that the Brehny (i. e. the County of Letrim,) was, by King John, gi∣ven to Walter de Lacy, who likewise planted it with English, which were afterwards violently dispossessed by the O Rourks and Mac Grannells; and that O Rourk had three Legitimate Sons, and six Bastards, that Teige, one of his Bastard Sons, succeeded him in the Estate, and that he had Issue Teige, who had Issue Daniel now living; and that Brian, Second Son of O Rourk, had Issue Sir Brian, who surrendered that Territory, and agreed to take out a Patent, but never did it: He was executed in England, and it was his Son Teige that submitted, and took out a Patent, Anno 1603. And this Teige married Mary Daughter of Hugh mac Manus O Donell, whose two former Husbands (Sir Moylmurry mac Swiny, and Sir Donell O Cohan) were still living, by whom the said Teige had Issue Brian, and died; and whether Brian be a Bastard or not, Juratores predict▪ ignorant.
And the like Inquisition was found about the Territory of Ely O Caroll, whereby it appear'd, that that Signiory, containing Ninety three Plow-lands▪ was surrendred to Edward the Sixth, who regranted it to Teige O Caroll, and made him Baron of Ely; and he dying with∣out Issue, his Bastard-son Sir William O Caroll intruded, and surren∣dred to the Queen 28 July, 20 Elizabethae, and had it regranted to him in Fee-simple; and that he died, leaving one Daughter, Joan, Mother of Redmond Burk, pretended Baron of Letrim; that Sir Charles O Caroll, Bastard-son of Sir William, intruded, and that Joan releas'd to him; but he dying without Issue, Moelroony mac Teige, another Bastard∣son of Sir William's intruded, and married Margaret O Dwin (whose first Husband, Tirlagh Ballagh O Co••nor, was then living) and by her had Issue John O Caroll; and whether he be a Bastard or not, ignorant.
In the latter end of August came over a Commission bearing date the Fifth of that Month, under the Great Seal of England, impower∣ing and authorizing the Lord Deputy and others, or any Seven of them Quorum, the Deputy to be one, to Bargain, Sell, and Con∣clude, for any the King's Mannors, Lands, Tenements, and Heredita∣ments, Spiritual or Temporal, within the Realm of Ireland: Where∣upon many People past Patents, wherein was reserved a small Quit-Rent, and a Halfpenny an Acre for Waste-land after it be made Ara∣ble, and Relief as amongst Common Persons. The Patentees had free liberty to transport the Produce of the Land to any Part of
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England or Wales; and they had a Clause of Exoneration from Cess, Cudyes, Coyn, Livery, Cuttages, Resections, Kearne••y, Cosnery, Gil∣letinny, and Gillecon, and all Impositions, except Royal Compo∣sitions and Risings out.
About this time another Plot was discovered to Sir Thomas Phillips of Lemavaddy,* 2.6 by one Teige O Lenan▪ It was contrived by Alexander Mac Donell, Bryan Cross O Neal, and other principal Irish-men in Tyrone and Tyrconnell; the Design was to seize Charlemont, and other Forts in Ulster, and to murder the Protestants there and elsewhere, whil'st the chiefest of the Nobility and Gentry were at the Parliament; and they were promised considerable Aids from France, Spain, and Rome.
Mr. Sullivan tells us,* 2.7 That this Lenan was a Criminal Gamester▪ bribed by the Deputy to this Service, which is their common Pretence when the Fact is Sworn; for he confesses, that Lenan gave Evidence against them, and that they were by Jury convicted, and that Bryan O Neale▪ Art O Neale, Roger O Cahan, Jeofry O Cahan, Alexander Mac Surly▪ Pa∣trick O More, Con O Kahan, and two Priests, were executed for that Treason.* 2.8 But Doctor Rives assures us, that both Bryan O Neale, and Roger O Cahan consessed it in the very same manner and order as Lenan had discovered it.
And in Dececember Sir Oliver Lambert was sent to the Island of 〈◊〉〈◊〉 to reduce some Scots that were troublesom and Seditious there; which he performed by taking the strong Castle of Dunaveg,* 2.9 and other less considerable places.
And soon after it seems, that the Lord-Deputy went into England, to give his Majesty a full account of his happy and successful Admini∣stration of the Government; for I find he was created Lord Baron of Belfast on the 23th of February 1615, and perhaps then made Lord High Treasurer:
- THOMAS JONES, Archbishop of Dublin, Lord Chancellor,
- Sir JOHN DENHAM Lord Chief Justice of the King's Bench,
But the Papists beginning again to grow very insolent, it was ne∣cessary to hasten the new Lord-Deputy thither, and therefore on the 30th of August 1616.
Sir OLIVER SAINT JOHN (afterwards Viscount Grandison▪* 2.11 was sworn Lord-Deputy; he behaved himself briskly against the Papists, who were at that time very high in Ireland; Mr. Sullivan says, He was a Bloody Man, and that he swore he would, in two Years, banish all the Priests; and that he levied 600000•• from the Papists for Fines and For∣feitures for not going to Church, and that in Dublin only; he imprisoned Ninety Citizens for denying the King's Supremacy; all which is notoriously 〈◊〉〈◊〉,
And about the same time a most Scandalous lying Book was published, Entituled, Annalecta Hiberniae; written by David Rooth, Vicar Aposto∣lick, at the Instigation and Charge of the Lord M—: And stuffed with innumerable Lyes and malicious Accusations of the King's Go∣vernment in Ireland; and yet dedicated to the Prince of Wales, which is a high strain of Impudence and Folly, to dedicate to the Son Reflecti∣ons and Scandals upon the Father; and as if that Author intended to
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mock the Son, as well as to abuse the Father; and that his Dedication to him should pass for nothing, he has added another Dedication, by way of Appeal, to all Foreign Emperors, Kings and Princes; wherein he avers, That the Irish look for nothing, but that the King would use them like a King, i. e. not like a Tyrant; and when I have added that, he compares the King to Julian the Apostate and Cajus Caligula, and the English-men to Dogs and Wild-Beasts. I have said enough of the Spirit and design of that malicious Author.
The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done, and two things were resolved on to humble them; one was to banish all their Regulars, which did in great numbers swarm almost every where in that Kingdom: And the other was, to suffer no Ma∣gistrates or Officers, but what should take the Oath of Supremacy ac∣cording to Law; and in order thereunto, there did issue a Proclamation against the Popish Clergy on the 13th of October,* 2.12 Anno Dom. 1617. And afterwards, on the 5th of March 1617, Donogh Earl of Twomond, Lord President of Munster, and Sir William Jones Lord Chief Justice of Ireland, did (by Virtue of a Commission under the Great Seal, bearing date the 23d. of January 1617) seize on the Liberties of Waterford, and all their Rent Rolls, Ensigns of Authority, and their publick Revenues, which amounted to Three Hundred and Four Pounds Ten Shillings per Annum, and kept Assizes in the City for the County of Waterford.
The cause of this Seizure was, because Nicholas White (who from Michalmas 1615. to the 20th. of October then next following, did exercise the Office of Mayor of Waterford) did on the 20th. day of October 1615. refuse the Oath of Supremacy, being then tendered to him by the Lord President, by Virtue of a special Commission to that purpose; and that upon his refusal, the City Elected John Skiddy, who Acted as Mayor till the 1st. of May 1616. and then refused the same Oath, being tendred to him by the Lord President; whereupon the City chose Alexander Cuffe, and swore him Mayor on the 27th. of May, who likewise on the 8th. of July refused the aforesaid Oath of Su∣premacy before the Lords Justices; whereupon he forbore to Act any farther in the Mayoralty, and so it stood till the 1st. of April 1617. at which time Walter Cleer was sworn Mayor, and so con∣tinued.
Moreover, the City had no Recorder since the Death of Nicholas Walsh, Anno 1615, and yet in January 1616; there was a Goal De∣livery held before the said John Skiddy without any Recorder, and one William Person was then Condemned before him, and afterwards by his Order executed for Felony: And it appeared, that the Sta∣tute of Elizabeth of Uniformity, had not been given in Charge in their Sessions at Waterford for Two years past; and all this was found by Inquisition, taken the 5th. day of September 1617.
In the mean time, there were sharp Contests between several great Families in Ireland about their Inheritance;* 2.13 the one was between Ka∣therine Lady Power, who was Heir General to the Deceased Lord Barry, and the then Lord Barry, Viscount Buttivant; and that was happily Compos'd by the Kings Mediation, and the Marriage of the Lord Barry, with the Lady Power's Daughter; and the other was be∣tween Walter Earl of Ormond, and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond, who died Anno 1614. Their Case is to be found the very last Case, in my Lord Hobert's Reports, and was
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refer'd to the King, who Anno 1618. made his Award, and divided the Estate between the contending Parties; but the Earl of Ormond thought that Distribution so unequal, that he refused to submit to it, and therefore endured a long Imprisonment, and many other Hard∣ships from the Court; but after his Death that Controversie was also happily Compos'd by the Marriage of his Grandson the young Earl of Ormond, with the sole Daughter, and Heir of the Lady Dingwell; and that happy Couple improved that divided and shattered Estate, to be the greatest and best belonging to any Subject in the Kings Domini∣ons, and are well known to the World, by the Names of the first Duke and Dutchess of Ormond.
In the Year 1620.* 2.14 The famous Doctor Usher was made Bishop of Meath; and not long after, there arose a Dispute between the Arch∣bishop of Armagh, and the Bishop Elect of Clogher, about the Ex∣ercise of Jurisdiction before Consecration, but after some Expostula∣tions the Controversie was peaceably Compos'd.
The Year 1621.* 2.15 was famous for the Congregation de Propaganda fide then Erected at Rome; the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose, and in the same Year Thomas Viscount Thurles, Father of the first Duke of Ormond was drowned.
It was in this Year that the King to mortifie some of the most active Members of the House of Commons, that had fallen under his Displeasure, resolv'd to send them into Ireland; and therefore a Commission under the Great Seal of England, was directed to Sir Dudly Digs,* 2.16 Sir Thomas Crew, Sir Nathaniel Rich, and Sir James Perrot, and others, to inquire of sundry Matters concerning his Majesties Service in Ireland, as well in Point of Government, Ecclesiastical and Civil, as of Revenue; and to inspect the State of the Kingdom, and propagate Religion, settle the Government, and improve the Ex∣chequer.
The Pretence of this Commission was, the many Complaints of the Irish against the Lord Deputy, not that there was any just occasion for those Accusations, but that it is always their Custom to complain of any Governour, That is a good Protestant, and a good Englishman (as this Lord Deputy was in perfection) and is therefore to the last Degree hated and scandaliz'd by the Irish Papists; and it is no wonder it should be so, for their Interests are Diametrically opposite to that of an English Protestant, and therefore it does necessarily follow, that whoever Is faithful to the English, will be odious to the Irish, and subject to their Clamours and Contempts,
However, the Lord Deputy was not wanting to his own Vindica∣tion; and therefore wrote to the King, that he met a Cloud of ma∣licious Enemies, instead of good Subjects; and that even some of the Privy Council were Spies upon him, and took occasions to lessen him, tho' they had no other Provocation for doing so, but his Examina∣tion of a certain Patent, according to his Majesties special Order, and his righting the Church against their Depredations.
And tho' the King in Answer,* 2.17 assur'd him, That his Reputation stood without blemish; and that his Majesty had sent him some Propositions, which he was ordered to observe; yet the Deputies Enemies not only prevail'd to have the aforesaid Commission of inspection issued, but having gain'd that Point, they urged that the Commission could not have any considerable Effect, whilst the Lord Deputy continued in the Government; and therefore procured, that a Successor should be
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nam'd, and that being also accomplish'd in the Choice of the Lord Viscount Falkland: The Lords of the Council on 25th. of January did advise the King (by Letter) to re-call the Lord Deputy imme∣diately, and to appoint Justices, till the new Deputy could go over; but the King from N••wmarket on the 28th of January Answers, That it were dishonourable to serve one in that eminent Station so unkindly, without a Crime; and that the new Deputy will be there, before the Commissioners can be ready to enter on Business; and with his own Hand adds this Postscript, It was never wont to be my Fashion to dis∣grace any Ancient Minister of mine before he were heard.
To this the Lords of the Council on the Tenth of February reply, That they design no Disgrace to the Lord Deputy, nor do propose but what is usual, and what was done on the removal of the Lord Chichester.
The King answer'd again, That it was so done in the Case of the Lord Chichester, because he had not resolv'd who should be the Suc∣cessor. However, the Lords of the Council prevail'd; and tho' the Lord Deputy did on the Ninth of February, 1621. write to the Duke of Buckingham, (That he is content Publick Proclamation should be made, That if he had done any wrong, he might suffer for it, so con∣fident he was of his Innocency; yet he suspected the Design of the intended Commission was to scandalize him, and to that end the Com∣missioners were partial▪ and therefore desires, that i•• the Bent of that Commission be against him, then indifferent Men should be employ'd; and if only Publick Good were design'd by it, that then he might be one of the Commissioners) yet he could not prevail in any of his Requests, but was in May following remov'd; tho' he was afterwards found not only Innocent, but so deserving, that he was soon after his Return created Viscount Grandison of Limbrick in Ireland, Baron Tro∣gose of Highworth in England, Lord High Treasurer of Ireland, and Privy-Counsellor of both Kingdoms.
- ADAM LOFTUS Viscount ELY,* 2.18 Lord Chancellor,
- RICHARD WINGFIELD Viscount POWERSCOURT,
And it seems that these Lords Justices had seised the Lord Grandi∣son's Papers after his removal; for on the Eighteenth of June the King sent them a Letter to restore the Papers to that Lord's Servants; and another Letter of the Twenty fourth of October was sent to the new Deputy, to pay the Lord Grandison 230 l. for the Charges of his Voyage to England.
And on the 24th. of July the King reciting, That by a former Pa∣tent of the Second of November, 1620. he had granted unto Sir Wil∣liam Irwing Two third parts of the forfeited Recognizances of Ale∣house-keepers, which his Majesty did intend to resume, he therefore orders the Lords Justices to accept of Sir William's Surrender, and in lieu thereof, and for his Services, to grant him the Fifth part of all the Profit of Ale-Licences for▪ Twenty one Years, commencing from the making of the Act of State for paying Three shillings six pence for every Licence.
Page 37
But these Commissioners that went to Ireland were very busie in inquiring into the Misgovernment that was so loudly and bitterly com∣plain'd of; but they found by experience,* 2.19 that too many of the Irish will complain without Cause: However, they publish'd new Instructions in print, for the more orderly Government of the Courts of Justice; and did declare, That for the future the Council-Table should not ad∣minister an Oath in Matters of Interest, or Title, or in Complaints be∣tween Party and Party, but should keep it self within its proper Bounds; and afterwards, November 7. 1625. a Proclamation was pub∣lished to the same Effect.
These Commissioners did also make an Estimate of the Revenue, and thought that it might be improved to 17067 l. 6 s. 8 d. more than it was, in Harps (i.e. Nine-pence pieces, stamped with a Harp on one side, which passed for a Shilling in Ireland, so that Twenty shillings Irish was but Fifteen shillings Sterling) but how much they were mi∣staken in their Computation, will appear by a Table of their Esti∣mate, and an Account how the Revenue stood Anno 1632.
1622. | 1632. |
First, They supposed that the Officers of the Presidency might be paid out of the Profits of their respective Courts; and so there would be saved per Annum 2657 l. 6 s. 8 d. | But the Profits of those Courts do not amount to near that Sum; and whatever they be, are an∣swered to the King, and included in the Green-wax Money hereaf∣ter mentioned. |
Secondly, That by reducing doubtful Rents to a Third part, it would make that Third part an easie Rent to the Subject, and cer∣tain to the King; and so 1800 l. doubtful Rents would be per An∣num 600 l. | Those doubtful Rents are so manag'd, that in Munster they have yielded 180 l. per Annum, and in Conaugh 11 l. 17 s. 3 d. but we can make nothing of them in Ulster. |
Thirdly, That the Composition in Munster is diminish'd, and so many Lands are conceal'd as would yield per Annum 229 l. 14 s. 4 d. | The last Composition was set∣led by Indenture Anno 1604. since which many Undertakers have re∣covered some of the Lands liable to Composition, and they pay a greater Patent-Rent, and there∣fore the Composition abates pro tanto. |
Fourthly, That the Compositi∣on of Conaught is defective 500 l. per Annum. | It was always incertain, because Waste-land did not pay but whilst it was inhabited: It was Anno 1622. 3569 l. 13 s. 9 d. Irish; but since most part of Letrim (which paid 138 l.) is escheated to the Crown, so that the remaining Composition of that County is but 26 l. 13 s. 4 d. but the new Patent-rents are 1175 l. 18 s. 0 ½ d. and the whole Province pays 3526 l. 11 s. 8 d. Irish per Annum, which is less than it was Anno 1622. |
Page 38
Fifthly, The Composition of Twomond is abated per Annum 40 l. | It paid then 687 l. 2 s. 2 d. and since is increas'd 1 l. 11 s. 0 ½ d. and no more. |
Sixthly, The Undertakers of Ulster, for Breach of Covenants, may be raised per Annum 2000 l. | They are rais'd 1212 l. 9 s. 4 d. from Easter, 1630. |
Seventhly, The Rents of New Plantations in the King's County, and Queen's County, not yet in Charge, per Annum 500 l. | They come to 603 l. 10 s. 2 d. |
Eighthly, That an Increase of Rent may be advanc'd on new Leases; and the Composition of the County of Wicklow, after Sir William Harington's death, will be per Annum 200 l. | It is so. |
Ninthly, The Court of Wards may be improv'd per Ann. 1700 l. | It yielded then 3365 l. 2 s. 2 d. and Anno 1629. it advanc'd to 7000 l. but because of the Graces granted 1628. it is diminish'd a∣bove half. |
Tenthly, That the Royal Fish∣ings may be set for 500 l. per Annum. | Not yet set. |
Eleventhly, That Respite of Homage might be improv'd 50 l. per Annum. | It was then 92 l. 4 s. 3 d. it is now 244 l. 15 s. |
Twelfthly, That his Majesty's part of the Customs may be ad∣vanc'd above what they yield now, to 2500 l. per Annum. | They were then 9686 l. 0 s. •• d. and are now 11050 l. out of which there are considerable Deductions. |
Thirteenthly, That the profit of the Seals, and Fines on Origi∣nal writs, and the Half-fees on Latitats, would yield 200 l. per Annum more than they did. | Then they yielded 373 l. 5 s. now 482 l. 12 s. and the Latitats 74 l. |
Fourteenthly, That Felons Goods would communibus Annis advance 50 l. | Anno 1622. they amounted to 66 l. 2 s. 10 d. and this Year to 232 l. |
Fifteenthly, That the Green-wax Money might increase 4000 l. per Annum. | It was then 2006 l. 11 s. 1 d. it is now 4398 l. |
Sixteenthly, That Fines in Star-chamber might advance 1000 l. per Annum. | Anno 1618. they amounted to 2246 l. but now decrease; be∣cause whilst the Six score thousand Pound is paying, Juries are not fined for not presenting Papists. |
Seventeenthly, That First-fruits and Twentieth pa•••••• may raise 300 l. per Annum. | The Twentieth part is certain 695 l. 13 s. only some not yet ra∣ted, for which Commissions are gone out; and the First-fruits are casual. |
Eighteenthly, That the Rent of Carrigfergus will be per Annum 40 l. | But it is not payable till the Walls are finished. |
Page 39
By this Calculation which in some things is under, but in most is over the right Mark; it will appear that these Commissioners, tho' they were learned, active and wise Men; yet being Strangers to Ireland, they were at a loss in managing that Kingdom, as probably all Strangers will be, That do not consult the Inhabitants of that Country, and how the Conduct of these Commissioners in Matters of Government, was re∣lished by the Earl of Strafford, may be read Rushworth 171. But it is time to leave them and attend
HENRY CARY, Viscount Falkland Lord Deputy, who was Sworn on the 8th. day of September, 1622. at which time Bishop Usher preach∣ed before him, on Rom. 13. He beareth not the Sword in vain, and in his Sermon advised, That if his Majesty were pleased to extend Cle∣mency to Recusants; that yet they might not be suffered, To give the Protestants publick Affronts, nor to take Possession of their Churches before their Faces; the reason of his saying so was, because the Fryars of Multifernam were erecting a new Abby at Molingar; and because that Mr. Anker going to read Prayers in a Church of his in Westmeath, found an old Priest, and forty People with him in the Church, who were so bold to bid Mr. Anker depart until the Priest had done his Business.
However, the Papists took such Exceptions at this Sermon, and made such a noise about it (as if the Bishop had advised, that the Sword which had been so long born in vain, should now be exercised to their Destruction;) That how groundless soever this Clamour was, the Bishop was fain to Preach an Explanatory Sermon to appease it.
This Year there happened a dreadful Fire in Corke, which consu∣med the greatest part of that City; and on the 8th. of March the King sent a Letter, to make Malcolm Hamilton Archbishop of Cashell, and Bishop of Emely, and to Grant him in Comendam the Chancellor∣ship of Down, and the Parsonage of Davenis, and to give him the Profits that accrued in the Vacancy. And the like Order was sent to make Archibald Hamilton, Bishop of Killalla and Ardconry; and on the 10th. of March Sir Edward Villars was made Lord President of Munster, in the room of the Deceased Earl of Thomond.
In the time of this Lord Deputy, several Popish Magistrates that had refused the Oath of Supremacy contrary to the Stat. of 2. Eliz. c. 1. were censured in the Star-Chamber on the 22d. of No∣vember 1622;* 2.20 at which time Bishop Usher made that Excellent Speech about the Lawfulness of that Oath, which is published in his Answer to the Jesuite Malone;* 2.21 and on the 21st. of January, 1623, there issued a Proclamation against the Popish Clergy, Secular and Regular, ordering them to depart the Kingdom within Forty days; after which all Per∣sons were prohibited to converse with them: And on the 21st. day of March 1624. Doctor Usher was made Archbishop of Armagh.
And thus stood the Government of Ireland, during the Reign of King James, which ended by his Death at Theobalds, on the 27th. day of March 1625; having in his Life-time created the Irish Nobility hereafter mentioned, viz.
February, 23d. 1603. Rory O Donell Earl of Tyrconnel.
February, 23d. 1615. Sir Arthur Chichester Baron of Belfast, since Earl of Donegal.
July, 14th. 1616. Brabazon Baron of Ardee, since Earl of Meath.
September, 29th. 1616. Sir Richard Boyle Baron of Yough-hall, after∣wards Earl of Corke.
Page 40
May, 25th. 1617. Ridgeway Baron of Galenridgeway, since Earl of London-Derry.
July, 20th 1617. Moor Baron of Melefont, since Earl of Drogheda.
Septem••er, 6th. 1617. Touchet Earl of Castlehaven, and Baron Orior.
February, 17th. 1617. Lambert Baron of Cavan, since Earl of Cavan. Ibid. Bourk Baron of Brittas.
May, 8th. 1618. Hamilton Baron of Strabane.
January, 31st. 1618. Blunt Baron Mountjoy, Ex.
June, 29th. 1619. Mac Donald Viscount Dunluc••, since Earl and Mar∣quess of Antrim.
February, 19th. 1619. Sir Richard Wingfeild, Viscount Powerscourt.
July,—1620. Preston Earl of Desmond, Viscount Dunmore, Ex.
May,—1621. Dockwray Baron of Culmore, Ex. Ibid. Blany Baron of Monaghan.
March, 1st. 1621. Henry Power, Viscount Valentia, Ex. Theo. Butler, Viscount Tullagh.
Notes
-
* 1.1
Analecta Hi∣berniae Spar∣••im.
-
* 1.2
Ogigia in Pre∣face, pag. 4.
-
* 1.3
Prospect. E∣pist. Dedic.
-
* 1.4
Propositions at Oxford 1642.
-
* 1.5
Ogigia in epist.
-
* 1.6
Analecta Hi∣berniae.
-
* 1.7
Consanguinei Regis analecta Hib. 208.
-
* 1.8
Ib. 276. Ger∣men Hiberno∣rum spes semi∣nis, jubar san∣guinis.
-
* 1.9
Cui obliga∣ti sumus vin∣culo sanguinis.
-
* 1.10
1602.
-
* 1.11
Ir. Stat. 2. Jac. 1. cap. 1.
-
* 1.12
Letter to the Bishop of Lincoln p. 212.
-
* 1.13
1603.
-
* 1.14
Morison 279.
-
* 1.15
Bello peste & inedia fatigati Analecta Hib. 207.
-
* 1.16
Sullevan's Cath. History 203.
-
* 1.17
Morison, 291.
-
* 1.18
Sullivan 199.
-
* 1.19
Temple 11.
-
* 1.20
Lib. M.
-
* 1.21
Lib. C.
-
* 1.22
1603.
-
* 1.23
Davis 264.
-
* 1.24
Sullivan 201.
-
* 1.25
Sullivan 211.
-
* 1.26
1604.
-
* 1.27
Davis 265.
-
* 1.28
Sullivan, 206.
-
* 1.29
1605.
-
* 1.30
Wilson Hist. of K. James, p. 32.
-
* 1.31
Davis's Re∣ports.
-
* 1.32
1606.
-
* 1.33
Davis Rep. 83.
-
* 1.34
Davis Rep. 85.
-
* 1.35
Temple 2.
-
* 1.36
Lib. C.
-
* 1.37
1607.
-
* 1.38
Lib. M.
-
* 1.39
1608.
-
* 1.40
Sullevan 210.
-
* 1.41
Spretis cen∣tum argenti libris, quibus pseudo Epis∣copus eos redi∣nere Cupiebat.
-
* 1.42
May 1▪ 1608.
-
* 1.43
Bellum statuit ducere us{que} ad adventum O Nelli, &c. quos a Christi∣anis Principi∣bus adjutos au∣xilio redituros sperabat. Sul∣livan 210.
-
* 1.44
Sullivan 212.
-
* 1.45
1609.
-
* 1.46
lib. F. F. F. 175.
-
* 1.47
1610.
-
* 1.48
1611.
-
* 1.49
Contra ad∣judg'd, 4. Inst. cap. Ireland.
-
* 1.50
1612.
-
* 1.51
Lib. C.
-
* 1.52
O Sullivan 237.
-
* 1.53
Sullivan 241.
-
* 1.54
Caecos diaboli ministros.
-
* 1.55
Lib. C.
-
* 1.56
1613.
-
* 1.57
Lib. T. T. 175.
-
* 1.58
1613.
-
* 2.1
Lib. C.
-
* 2.2
-
* 2.3
Lib. G.
-
* 2.4
Analact. Hib. lib. 2.
-
* 2.5
S••ptima mobi∣lum, imobi∣lium vero anui proventus quinta pars.
-
* 2.6
1615.
-
* 2.7
Sullivan 269.
-
* 2.8
Regiminis Ang. in Hib. defensio adver∣sus Analect. Pag. 54.
-
* 2.9
Lib. C.
-
* 2.10
1615.
-
* 2.11
1616.
-
* 2.12
1617.
-
* 2.13
Lib. F. F. F. 199.
-
* 2.14
1620.
-
* 2.15
1621.
-
* 2.16
Rushworth 55.
-
* 2.17
August, 1621.
-
* 2.18
1622.
-
* 2.19
Rushw. 17••.
-
* 2.20
1622.
-
* 2.21
1623.