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Lords juftices orders concerning Roman catholic priests.

IN this expedition to the county of Kildare, “ the

foldiers found one Mr. Higgins, a prieft,' at Naas, who might if he pleased have eafily fled, if he apprehended any danger in the stay. When he was brought before the Earl of Ormond, he voluntarily confeffed, that he was a papist, and that his refidence was in the town, from whence he refused to fly away, with those that were guilty, because he not only knew himself very innocent, but believed, that he could not be without ample testimony of it; having by his fole charity and power, preferved very many of the English from the rage and fury of the Irish; and therefore, he only befought his lordship to preserve him from the violence and fury of the foldiers; and put him fecurely into Dublin to be tried for any crime; which the earl promised to do, and performed it; though with fo much hazard, that when it was fpread abroad among the foldiers that he was a papist, the officer in whose custody he was intrusted, was affaulted by them; and it was as much

Clarendon. Borl. Hift. of the Irish Rebel.

women and children were promifcuously flain; but above all the martial law executed by Sir Charles Coote, and the burning of the pale for seventeen miles in length and twenty-five in breadth, by the Earl of Ormond; these measures not only exasperated the rebels and induced them to commit the like or greater cruelties, but they terrified the nobility and gentry from all thoughts of fubmiffion, and convinced them that there was no room to hope for pardon, nor any means of safety left them but in the fword." Hift. of the Irish Rebel. p. 183.

"The favourite object both of the Irish government and Englifh parliament, was the utter extermination of all the catholic inhabitants of Ireland. Their eftates were already marked out, and allotted to their conquerors; fo that they and their pofterity were configned to inevitable ruin." Lel. Hift. of Irel. vol. iii. P. 166.

much as the earl could do to compofe the mutiny. When his lordship came to Dublin, he informed the lords justices of the prisoner he had brought with him, and of the good teftimony he had received of his peaceable carriage; and of the pains he had taken to reftrain those with whom he had credit, from entering into rebellion; and of many charitable offices he had performed; of all which there wanted not evidence enough, there being many then in Dublin, who owed their lives, and whatever of their fortunes was left, purely to him. Within a few days after, when the earl did not fufpect the poor man's being in danger, he heard that Sir Charles Coote, who was provost marshal general, had taken him out of prifon, and caused him to be put to death in the morning, before or as soon as it was light; of which barbarity the earl complained to the lords juftices; but was fo far from bringing the other to be queftioned, that he found himself upon some disadvantage, for thinking the proceeding to be other than it ought to have been." "

"It was certainly a miferable fpectacle, as Lord Castlehaven obferves in his manufcript vindication of his memoirs, to fee every day numbers of people executed by martial law, at the difcretion, or rather caprice of Sir Charles Coote, an hot-headed and bloody man, and as fuch accounted even by the English and protestants. Yet this was the man, whom the lords juftices picked out to entrust with a commiffion of martial law, to put to death rebels or traitors, that is (continues his lordship) all fuch, as he should deem to be so;

which

Mr. Carte obferves, " that the hanging of this man (deferving in many respects, and exceptionable in none but that of his religion) by martial law, by Sir Charles Coote's authority, without a particular warrant from the ftate, feems perfectly well calculated to justify the fears which the lords of the pale pretended to have of trufting themselves in a place whereof that gentleman was governor." Life of Orm. vol. i. fol. 280.

Doctor Borlafe, in order to excuse this barbarous act of Sir Charles Coote, alleges, "that if he had not done it, his provoft marshal's commiffion would have been violated, and that he might have been brought to answer his contempt at a council of war." Hift. of the Irish Rebel. p. 324.

which he performed with delight, and a wanton kind of cruelty; and yet, all this while the juftices fat in council; and the judges, in the usual seasons, fat in their refpective courts, fpectators of, and countenancing fo extravagant a tribunal as Sir Charles Coote's, and fo illegal an execution of justice." *

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The Earl of Ormond, though lieutenant general of his majesty's army, had it not, it seems, in his power to fave the lives of any popish priests however innocent or meriting, whom he should happen to meet with in his march. For foon after," his lordship having promised the Countess of Westmeath to preserve her chaplain, Mr. White, whom he found at her house, from the fury of the foldiers while he remained there; the poor man having on fome occafion left it the next day, was taken abroad by them, and brought to the earl, whom he reminded of the protection. he had promised him the night before; but he was only answered, that if he had stayed in the house he was in, this would not have befallen him; and that it was then out of his power to preserve him, himself being bound to pursue thofe orders which the lords juftices had given him. Nevertheless," continues Clarendon," he did endeavour to have faved him, at least, till he might be brought to Dublin; but the whole army, poffeffed with a bitter spirit against the Romish clergy, mutinied upon it; and in the end, compelled his lordship to leave him unto that juftice which they were authorised to execute, and fo put him to death."

CHA P. XVIII.

The cause of the infurrection in Munster. IT was in the middle of December 1641,' before any gentleman, in the province of Munfter, appeared to favour the infurrection. Many of them had fhewn themfelves

2. Cart. Orm. vol. i.

3 Clarend. Hiftory of the Irish Rebel, ■ Cart. Orm. vol. i.

themselves zealous to oppofe it, and tendered their fervice to that end. Lord Muskerry, who had married a fifter of the Earl of Ormond's, offered to raise a thoufand men, at his own charge; and, if the state could not supply them with arms, he was ready to raise money by a mortgage of his eftate, to buy them, if when the service was ended, he might either keep the arms, or be reimbursed what they coft him; nor did any signs of uneafinefs or difaffection appear among the gentry, till Sir William St. Leger, lord prefident of that province, came to Clonmell; which was on the first of that month. There had been, a few days before, fome robberies committed in the county of Tipperary, by a rabble of the vulgar fort, and a parcel of idle young fellows of the baronies of Eliogurty, Killemanna, Clanwilliam, and Middlethyrde; who, as foon as they had got their prey, divided it, and retired to their several parishes. Among other English who fuffered, a great number of cows and fheep were taken from Mr. Kingfmill of Ballyowen, brother-in-law to the lord prefident. Sir William St. Leger upon notice thereof came in two or three days with two troops of horse, in great fury," to Ballyowen; and being informed the cattle were driven to Eliogurty, he marched that way. As he fet forth, he killed three perfons at Ballyowen, who were faid to have

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Sir William St. Leger himself informs us, that on the 8th of November, 1641, every thing was perfectly quiet in that province; for in a letter of that date to the Earl of Ormond, he fays, "these lines ferve to no other purpose than to give your lordship a confident affurance that if it should please God any commotion fhould rife in this part, of which, I thank God, as yet there is no manner of appearance, I should seriously endeavour to do your noble sweet lady, your mother and my sweet god-fon, as much service as poffibly in me lay." Carte's Orm. vol. iii. fol. 38.

"In Munfter the first symptoms of commotion appeared in fome petty ravages and robberies, which were punifhed by the lord prefident, Sir William St. Leger, with a barbarous severity. The difaffected remonftrated to St. Leger on the rigour of his executions, were received with difdain and infolence, pleaded the neceffity of felf-defence, and declared for war."

of Irel. vol. iii. p. 154.

Lel. Hift

have taken up fome mares of Mr. Kingsmill's; and not far off, at Grange, he killed or hanged four innocent labourers; at Ballymurrin fix, and Ballygalburt eight; and burnt feveral houfes. From thence Capt. Paifly marching to Armail, killed there feven or eight poor men and women, whom he found standing abroad in the streets, near their own doors inoffenfively; and paffing over the river Ewyer, marched to Clonalta, where, meeting Philip Ryan, the chief farmer of the place, a very honeft and able man, not at all concerned in the robberies, he, without any enquiry, either gave orders for, or connived at his being killed, as appeared by his cherishing the murderer. The Captain went from thence to meet the lord prefident; where feveral of the chief nobility and gentry of the country, being furprized at these rafh and cruel proceedings, waited upon his lordship with their complaints, which were rejected, and the Captain applauded for what he had done. Among these gentlemen, was James Butler, Lord Baron of Dunboyne; Thomas Butler of Kilconnel, James Butler of Kilveylagher, Theobald Butler of Armail, Richard Butler of Ballynekill, Philip O'Dwyer, and feveral others of good quality.

"They obferved to the lord prefident how generally the people were exafperated by thefe inconfiderate cruelties, running diftractedly from house to house; and that they were on the point of gathering together in great numbers, not knowing what they had to trust to, and what was likely to be their fate. They told him that they waited upon his lordship, to be informed how affairs stood, and that they coveted nothing more than to ferve his majesty and preferve the peace, and defired that he would be pleased to qualify them for it with authority and arms; in which cafe they would not fail to fupprefs the rabble and fecure the peace of the country. The prefident did not receive their representation and offer in the manner they expected; but in an hasty furious way, answered them, that they were all rebels, and that he would not truft one foul of them; but thought it more prudent to hang the best of them. And in this extraordinary humour he continued all the while thefe and

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