the same manner and forme, qualified with equal liberties, powers, privileges, and immunities with the parliament of England, and onely depend of the king and crowne of England and Ireland, and for all that time, no prevalent record or authentic precedent can be found, that any statute made in England could or did bind this kingdome before the same were here established by parliament: yet upon untrue suggestions and informations given of your subjects of Ireland, an act of parliament, entitled An Act for the speedie and effectual reducing the Rebels in his Majesties kingdome of Ireland to their due obedience to his Majesty and the Crowne of England; and another act entitled An Acte for adding unto and explayning the said former act, was procured to be enacted in the said parliament of England, in the eighteenth yeare of your majesties reign, by which acts and other proclamations your majesty's subjects unsummoned unheard, were declared rebells, and two millions and a half of acres of arable meadow, and profitable pasture, within this kingdom sold to undertakers for certaine summes of monie, and the edifices, loghs, woodes, and bogges, wastes and other appurtenances, were thereby mentioned to be granted and passed gratis, which acts the said Catholiques doe conceave to have been forced uppon your majestie, and although void and unjust in themselves to all purposes, yet contain matters of evil consequences and extreme prejudice to your majesty, and totally destructive to this nation. The scope seeming to aime at rebells only, and at the disposition of a certaine quantitie of land, but in effect and substance, all the lands in the kingdome, by the words of the said acts, may be distributed, in whose possession soever they were, without respect to age, condition, or qualitie, and all your majesties tenures, and the greatest part of your majesties standing revenue in this kingdome, taken away: and by the said acts, if they were of force, all power of pardoning and of granting those lands, is taken from your majesty. A president, that no age can instance the like. Against this act the Catholiques do protest, as an act against the fundamental lawes of this kingdome, and as an act destructive to your majesties rights and prerogatives, by colour whereof, most of the forces sent hither to infest this kingdome by sea and land, disavowed any authoritie from your majestie, but to depend upon the parliament of England. 13th. All strangers, and such as were not inhabitants of the citty of Dublin, being commanded by the said lords justices in and since the said month of November, 1641, to depart the said city, were no sooner departed, than they were, by the directions of the said lords justices, pillaged abroad, and their goods seized uppon and confiscated in Dublin, and they desireing to return under the protection and safetie of the state, before their ap pearance in action, were denied the same, and divers other persons of rank and qualitie, by the said lords justices employed in publique service, and others keeping close within their doores, without annoying any man, or siding them with any of the said Catholiques in armes, and others in severall parts of the kingdome living under, and having the protection and safety of the state, were soon pillaged and their howses burnt; themselves, their tenants, and servants killed and destroyed, and that by the open direction of the said lords justices; and by the like direction, when any commander in chiefe of the army, promised or gave quarter or protection, the same was in all cases violated, and many persons of qualitie, who obtained the same, were ruined before others; others, that came into Dublin voluntarily, and that could not be justly suspected of any crime, if Irishmen or Catholiques, by the like direction were pillaged in Dublin,, robbed and pillaged abroad, and brought to their tryall for their lives. The citties of Dublin and Cork, and the ancient corporate townes of Drogheda, Yeoghal, and Kingsale, who voluntary received garrisons in your majestie's name, and the adjacent countryes, who relieved them, were worse used; and now live in worse condition, than the Israelites did in Egypt; so that it will be made appear, that more murders, breaches of publique faith and quarter, more destruction and desolation, more cruelty, not fit to be named, were committed in Ireland, by the di rection and advice of the said lords justices and their partie of the said councill, in less than eighteene months, than can be paralleled to have been done by any Christian people. 14th. The said lords justices and their adherents have against the fundamental lawes of the lande, procured the sitting of both houses of parliament for several sessions (nine parts of ten of the naturall and genuine members thereof being absent, it standing not with their safety to come under their power), and made up a considerable number in the House of Commons of clerks, soldiers, serveing men, and others, not legally or not chosen at all or returned, and haveing no manner of estate in the kingdome, in which sitting sundry orders were conceived, and dismisses obtayned of persons before impeached of treason in full parliament, or which passed, or might have passed some acts' against law, and to the prejudice of your majestie, and this whole nation. And during these troubles, terms were kept, and your majestie's court of cheefe place, and other courts sat at Dublin, to no other end or purpose, but by false and illegal judgments, outlawries, and other capital proceedings, to attaint many thousands of your majestie's most faithfull subjects of this kingdome; they being never summoned nor haveing notice of those proceedings, and sheriffs made of obscure and meane persons, by the like practice appointed of purpose; and poor artificers, common soldiers, and menial servants, returned jurors, to pass upon the lives and estates of those, who came in upon protection and publique faith. Therefore the said Catholiques, in the behalfe of themselves and of the whole kingdome of Ireland, doe protest and declare against the said proceedings, in the nature of parliaments, and in the other courts aforesaid, and every of them, as being heynous crimes against law, destructive to parliaments and your majestie's prerogative and authoritie, and the rights and just liberties of your most faithfull subjects. Forasmuch, dread sovereigne, as the speedy application of apt remedies unto these grievances and heavie pressures, will tend to the settlement and improvement of your majestie's revenue, the prevention of further effusion of blood, the preservation of this kingdome, from desolation, and the content and satisfaction of your said subjects, who, in manifestation of their duty and zeal to your majesty's service, will be most willing and ready to employ ten thousand men under the conduct of well experienced commanders, in defence of your royal rights and prerogatives, they therefore most humbly beseech your majestie, that you will vouchsafe gracious answers to these their humble and just complaynts, and for the establishment of your people in a lasting peace and securitie, the said Catholiques doe most humbly pray, that your majestie may be further gratiously pleased to call a free parliament in this kingdome in such convenient tyme, as your majestie in your high wisdome shall think fitt, and urgencie of the present affairs of the saide kingdome doth require, and that the said parliament be held in a different place, summoned bye and continued before some person or persons of honour and fortune, of approved faithe to your majestie, and acceptable to your people here; and to be tymely placed by your majestie in this government, which is most necessary for the advancement of your service and present condition of the kingdome, in which parliament the said Catholiques doe humbly these or other grievances may be redressed, and that in the said parliament a statute made in this kingdome in the tenth yeare of King Henry the Seventh, commonly called Poyning's, and all acts explayneing, or enlargeing the same, be by. a particular act suspended during that parliament, as it hath been al ready done in the eleventh year of Queen Elizabeth, upon occasions of far less moment, than now doe offer themselves: and that your majestie, with the advice of the said parliament, will be pleased to take a course for the further repealing, or further continuance of the said statutes, as may best conduce to the advancement of your service here, and peace of this your realme, and that no matter whereof complaint is made in this remonstrance, may debar Catholiques, or give interruption to their free votes, or sitting in the said parliament; and as in duty bound they will ever pray for your majestie's long and prosperous reigne over them. Wee the undernamed being thereunto authorized, doe present and signe this remonstrance in the behalfe of the Catholiques of Ireland, dated this 17th day of March, 1642, According to your majestie's commission to us directed, we have received this Remonstrance, subscribed by the Lord Viscount Gormanston, Sir Lucas Dillon, Knight, Sir Robert Talbott, Bart. and John Walsh, Esq. authorised by, and in the behalfe of the recusants of Ireland, to present the same unto us, to be transmitted to your sacred majesty, dated the 17th day of March, 1642. Clanrickard and St. Albans, Roscommon, No. XXIX. [PAGE 121.] WHEREAS his majesty's most faithful subjects, the confederate Catholics of Ireland, were enforced to take arms, for the preservation of their religion, for the defence of his majesty's just prerogative and rights, and for the maintenance of the rights and liberties of their country, laboured to be destroyed by the malignant party; and whereas his majesty in his high. wisdom, and in his princely care of his said subjects welfare and safety, and their humble suit, that his majesty might be gra ciously pleased to hear their grievances, and vouchsafe redress therein, did direct, there should be a cessation of arms, and thereupon did direct the Right Honourable the Marquis of Ormond, to treat of, and conclude the said cessation with the said confederate Catholics; Know ye, that the supreme council, by express order and authority of the said Catholics, by them conceived and granted in their general assembly at Kilkenny, on the 20th day of the last month of May; and in pursuance of the said order and authority, reposing special trust and confidence in the wisdom, circumspection, and provident care, honour, and sincerity of our very good lords, Nicholas Lord Viscount Gormanstown, Donough Lord Viscount Muskerry, and our wellbeloved Sir Lucas Dillon, Knight; Sir Robert Talbot, Bart. Tirlagh O'Niel, Esq. Geoffry Brown, Esq. Ever. Macgennis, Esq. and John Walsh, Esq. have constituted, appointed, and ordained the said Nicholas Lord Viscount Gormanstown, Donough Lord Viscount Muskerry, &c. our commissioners; and do by these presents give and grant to our commissioners, or any five or more of them, full power and authority to treat with the said Lord Marquis of Ormond, of a cessation of arms, for one whole year, or shorter, and to conclude the same for the time aforesaid, upon such terms, conditions, or articles, as to the commissioners aforesaid, in their judgments, consciences, and discretions, shall be thought fit and expedient; by these presents ratifying and confirming whatever act or acts our commissioners shall do or execute concerning the said cessation. Given at Kilkenny, the 23d of June, 1643. Mountgarret, Nettervile, Nich. Plunkett, Richard Belling. No. XXX. THE KING TO THE MARQUESS OF ORMONDE, SENT BY MR. BRENT....PAGE 122. ORMONDE, THIS honest bearer, Mr. Brent, going about my special service, I thought it necessary to recommend him and his business to you. It is chiefly for a supply of powder, which, on my word, is of more consequence for my service, than is fit for me to tell you by writing. I shall say no more for this time; but that very shortly you shall have full power and instructions to make the Irish peace, by Brian O'Neile. So I rest, Your most assured, constant, real friend, Bewdly, 18 June, 1644. CHARLES R. |