of drowning, and were brought to the sea-side by the rebels, who had their skeins drawn in their hands, and forced them to wade into the sea, the mothers with their children in their arms crying for drink, having waded to the chin, at length cast or dived themselves and children into the sea, yielding themselves to the mastery of the waves, and so perished. That the torments the rebels would use to the Protestants to make them confess their money were these-viz. Some they would take and writhe wyths about their heads until the blood sprang out of the crown of their heads; others they would hang until they were half dead, then they would cut them down, and do the same so often over until they confessed their monies. And this deponent further saith that a youth of about fifteen years of age, the son of Master Montgomery, the minister, meeting with a bloody rebel, who had been his schoolmaster, this rebel drew his skein, and began furiously to slash and cut him therewith; that the boy cried unto him, Good master, do not kill me, but whip me as much as you will. Nevertheless, the merciless and cruel rebel then and there most barbarously murdered him. That a Scotchman travelling on the highway with his wife and children, was beset by the rebels, who wounded and stabbed him with their pikes, put him alive upon a car, brought him to a ditch, and buried him alive, as his poor wife afterwards with great grief told deponent. That the Vicar of Urris turned Papist, and became Drummer to Captain Bourk, and was afterwards murdered for his pains by the rebels-and that another Scotchman, near Balleken, was hanged by the rebels.

Sworn before the Commissioners, Henry Jones and Henry Brereton, 30th of December, 1643, by JOHN GOLDSMITH.

Sir John Temple's History of the Irish Rebellion, p. 119. 1658. January 12. The Lord of Mayo was condemned by the vote of seven of the commissioners before whom he was tried, Gore, Clerk, Davis, and Holcroft dissenting from their opinion. Hib. Ang. Car. II. 71.

Commissions having issued in the several provinces of Ireland for the erection of an High Court of Justice, in order to try those who were accused of murdering the English, Lord Mayo in Connaught, and Colonel William Bagnel in Munster, were condemned, not on the clearest and most unexceptionable evidence. Lord Muskerry was charged with the assassination of several Englishmen, but honourably acquitted on his trial, and permitted to embark for Spain. Carte's Ormond, ii. 157; and Leland, iii. 407.

January 15. Lord Mayo was shot to death, according to his

sentence, for the massacre of the Protestants at Shrule. His case was variously reported. Hib. Ang. Car. II. p. 71.

About this time the commissioners for the parliament issued an order, that Lord Muskerry's Lady should enjoy all her husband's estate, except one thousand a year, which they granted to Lord Broghill, in pursuance to articles made by Ludlow, at Ross Castle, in Kerry, with Lord Muskerry. MSS. of Sir Richard Cox, and Smith's History of Cork, vol. ii. p. 175.)

O'Sullivan Beare, about this time, solicited the French King for money, to carry on his designs in Ireland. Thurloe's Letters, vol. i. p. 479.

Lord Inchiquin being now in France, endeavoured to procure such a commission as Preston had in the French army, but the Romish Clergy of Ireland obtained letters from the Pope's Nuncio, to Cardinal Mazarine, against him, as a murderer of priests and friars, so that all Lord Inchiquin could procure, was a grant of two Irish regiments from the King. Ibid, 590.

In the month of February, this year, Sir Phelim O'Neill was brought to trial for the murders he had committed in the beginning of the massacre and rebellion. From the arrival of Owen O'Neill, this barbarous conspirator had continued to act an inferior part, without honour, esteem, or notice. During the administration of the Marquis of Clanrickard, when abler commanders had been gradually removed, he emerged from his obscurity, and gave the Marquis some assistance; but was soon compelled, by repeated defeats, to shelter himself in a retired island. Hence, Lord Caulfield, heir of that Lord, whose castle and person he had seized, and whom his Popish followers had barbarously murdered, soon dragged him to justice. Posterity will scarcely believe, that the present Earl of Charlemont, the strenuous advocate for arming Papists with political power, has the honour of being a direct descendant of the Lord Caulfield, who laid down his life for his religion, in the rebellion of 1641, and of the gallant nobleman who dragged his murderer from his hiding place, and brought him to justice. See Nalson's Collections, and Leland's History of Ireland, vol. iii. p. 408.

On the opening of Sir Phelim O'Neill's trial, Sir Gerrard Lowther, Chief Justice of the Common Pleas, made a very long speech, which is preserved in Borlase's History of the dismal effects of the Irish Insurrection. After enumerating the laws against murder before and after the flood, and stating particularly those enacted against that unnatural crime in England and Ireland, the judge adverted, in the following manner,

to the cruelties perpetrated by the Popish Rebels, for which they are now brought to justice. It appears, by a cloud of witnesses, that these execrable murderers were not satisfied with the variety of tortures and cruel deaths of the living, by stripping, starving, burning, strangling, barying alive, and by many exquisite torments, so that present dispatch by death was a great mercy; so cruel are the mercies of the wicked, but their hellish rage and fury stayed not here, but also extended itself even unto babes unborn, ripping them out of their mother's womb, and destroying even those innocent babes to satiate their savage cruelty. Nor staid it here, but extended also to the ransacking of the graves of the dead, dragging the dead bodies of Protestants out of their graves, that they might not rest in hallowed ground. Nor did their malice stay here, but became boundless, not only in the devastation and destruction of the houses, castles, and whole substance of the Protestants, and whatsoever tended to civility, but also even to the utter extirpation of all the English nation, and Protestant Religion, out of this land of Ireland, all which the murderers acted with that brutish outrage, as though infidels, or rather the wild beasts of the wilderness, wolves, and bears, and tigers, nay fiends and furies had been brought into the land. Even by the law, and rules and rights of war, quarter warrantably given ought inviolably to be observed. It is a fundamental law of war, that faith is to be kept with an enemy, fides cum hoste servanda. This hath been observed among the heathens, infidels have kept this faith, the Turks observed it. But, by the Pope's dispensation, the Christians once broke their articles with the Turks; whereupon the Lord gave a signal victory to the Turks against the Christians. The story is well known. The practice of the murderers in this rebellion hath been, according to the old Popish tenet, nulla fides cum hereticis. And so, contrary to the laws of war, many Protestants were murdered after quarter were given (of which crime both are said to be guilty), but that which exceeds all that can be spoken, makes their sin exceeding sinful, and their wickedness more abominable is, that they began this butchery and cruelty, even then when the Protestants were in perfect amity with them, and joined to them not only in peaceable neighbourhood, but even in those bonds that they pretend to hold most inviolable, viz. gossi, pric, fosterage, and such like ties of friendship and alliance. At a time, too, when they enjoyed so licentious à freedom of their Romish superstition, and free use of the mass, that they had their titular archbishops (as in 1820) for every province, their titular bishop with their dean and chapter

for every diocese, and their secular priests for every parish in the land. They had their abbots, priors, monks, nuns, jesuits, friaries, monasteries, punneries, religious-houses an d convents in the principal towns and cities of the land, even in this City of Dublin, the residence of the state. So that father Harris, a secular priest of their own, published, in print, that it was as hard to find what number of Friars were in Dublin, as to count how many frogs there were in the second plague of Egypt. They did not only exercise all their superstitious rites and ceremonies, but also (as in 1820, when they complain of persecution, because they are excluded from a capability of exercising a few of the higher offices in the state,) the papal jurisdiction, as by law they had vicars-general kept their provincial courts and consistories, and excommunicated the people, delivering them to satan. When they enjoyed the benefit of the same laws with us; nay, the end and force of the law (as in 1820) was in some cases abated to them, which was not dispensed withal as to the Protestants. The Popish were (as in 1820, with similar effects on the tranquillity of Ireland,) permitted to practise, the Papists admitted to sue forth their liberties and ousterlemains, and to hear and execute the office of sheriffs, justices of the peace, &c. without taking the oaths of allegiance or supremacy, which was not permitted to the Protestants. And these Popish lawyers, priests, jesuits, and friars, have been the principal incendiaries and fire-brands of all those horrible flames which have thus consumed the land, and were the chief ringleaders of this horrid rebellion." Dr. Borlase, immediately after the speech of this judge, observes of him, that he had not, in his words, presented his readers with the froth of a fanatic, but with the weighty observations of a lawyer, who had been principally employed in the weightiest affairs at Oxford and Westminster with the King's approbation.

Sir Phelim O'Neill was now accused of exhibiting a commission from the late King for commencing the Irish insurrection; he acknowledged the charge; adding, that on seizing the fort of Charlemont, he had found a patent, with a broad seal annexed, which he directed to be taken off and affixed to a pretended commission. His judges, not satisfied with this allegation, pressed him to confess if he had received any commission from the King, with a promise of his being restored to his estate and liberty, if he could produce any material proof of such a commission. He was allowed time to consider; the offer was repeated; he still persevered in declaring that he had no commission; that his conscience was already

oppressed by the outrages of his followers, and that he could not add to the severity of his present feelings by an unjust calumny of the King. At his execution he was again tempted; when just on the point of being turned from the ladder, two marshals pressed through the crowd and whispered in his ear. He answered aloud, thank the Lieutenant-General for his intended mercy; but I declare, good people, before God and his holy angels, and all you that hear me, I never had any commission from the King for levying or prosecuting this war. Leland, iii. 409.

Many at Kilkenny, Waterford, Cork, Dublin, and other places, underwent the sentence of the High Court of Justice, though the number of those that suffered did not exceed two hundred, for the sword, plague, famine, and banishment, had swept away vast numbers. Among those that were executed, was one Toole, a notable incendiary of Wicklow; Edmund Reilly, an Irish priest and vicar-general-afterwards promoted to be titular archbishop of Armagh, appeared against him as a witness. When he was himself accused of being the chief author of surprising and burning the Black Castle of Wicklow, during the cessation, and of murdering all those that were in it. Upon this, Reilly was seized and committed, but pleading his merit in betraying the Marquis of Ormond's army at Rathmines, he suffered no farther punishment; and it is no small proof that the services of this treacherous murderer were accepted by the Pope and the Irish Papists, by his being rewarded afterwards with the titular primacy of Ireland. See Borlase, 315.

In the month of March, this year, the Marquis of Clanrickard retired to England in a vessel belonging to the parliament, after he had borne the title of the King's Deputy in Ireland, little more than two years, not with greater submission from the "Catholic" Irish than had before been paid to the Lord-Lieutenant, and so retired to London, where, not long after, he died. His body was brought to Tunbridge, in Kent, and buried there in the parish church. He was a nobleman much respected for his integrity, and though of a contrary opinion to those then in usurpation, looked on as a favourer of the English, and one that no ways indulged the cruelties and pretensions of the Irish Papists. This was the fate of that unhappy nation, both under Protestant and Roman Catholic governors, neither having had the credit to be masters of the Irish temper, fomented by the insolencies of the priests, and whatsoever might instigate them against the English Government. See Borlase, p. 303.