HUmbly shewing that whereas Your peti­tioner for divers yeares past, hath beene imployed by his Majesty, and his late Royall Father in divers offices, and im­ployments of great trust and eminence within the Realme of Ireland, wherein to the utmost of his power, hee hath faithfully discharged the trust in him reposed with the publike approbation and satisfacti­on both of this, and that State and Realme, in Testimo­ny whereof, his Majestie was pleased to dignifie your Petitioner with the stile hee now beares. Yet the Right Honourable Thomas Earle of Straford, Lord Lieute­nant, [Page 2]lately Lord Deputy of the said Realme of Ire­land, having conceived a causelesse distaste against your Petitioner, and thereupon indevouring the revenge of some supposed personall neglect, and the undue advance­ment of his owne ends and instruments by the dishonour and ruine of your petitioner; his Lordship without any just cause at all not only stript and deprived your petitioner of those honourable imployments with contumely, and re­proach, but also of his owne private fortunes, and the birth­right, and libertie of a subject: a short view of part, of which your petitioners sufferings hee humbly presents in these ensuing particulars.

1. First, whereas his late Majesty, King Iames, by his highnesse Letters, bearing date the first day of Octo­ber in 14. yeare of his Majesties Reigne, did appoint your petitioner to be one of the principall Secretaries, and of the Councell of State for that Realme, whereupon your Peti­tioner was sworne and admitted accordingly; And where­as after, viz. the 8. day of June in the sixteenth yeare of his said Majesties raigne, his said late Majestie by his let­ters Patents under the great Seale of Ireland did grant unto your petitioner, as well a pention of 200. l. Per an­num for the exercise of the said office, together with the Fees thereunto belonging, as also the office of Custody of the privie Signet, with the incidents thereunto to bee held by your petitioner during his life immediatly after the death, surrender, or forfeiture of sir Dudley Nort­on, who held the same office & pention during his life, by force of which premisses, as your petitioner faithfully ex­ecuted the said office of Secretary, without fee during the life of the said Sir Dudley, who was for many yeares infirme, and unable to execute the same; so hee ought to [Page 3]hold the said office and pention since his decease or sur­render, according to the effect of his Majesties said Pa­tent; yet upon pretence of a discoursesie supposed to be done by your Petitioner to his Lordships brother, Sir George Wentworth: his Lordship obtained a surrender to bee made by the said sir Dudley Norton, in or about the 12. day of Iuly, in the tenth yeare of his now Majesties raigne, and contrary to all right and justice procured the said offices, and fees to bee conferred upon sir Philip Manwaring, who notwithstanding your petitioners of­ten requests and petitions to his Lordship for releefe still holds the same under the protection of the power and greatnesse of his Lordship.

Whereas his now Majesty by his Highnesse Letters pa­tents, bearing date the xxx. day of May, in the first yeare of his Highnesse raigne, did appoint your petitioner to be his Vice-treasurer, and generall receiver of his revenues within the said Realme of Ireland during his Majesties pleasure, with the fees and profits thereunto belonging, and appointed your Petitioner to be Treasurer at warres in the said Kingdome by his Majesties Letters of the 13. of Iune 1632. And whereas your Petitioner did refuse at his Lordships solicitation to make a dishonourable sale of the said offices, the said Earle being therewith enraged, and thereupon endevouring to captivate not onely your petitioners said Offices, but also his honour and life, to his Lordships power and pleasure, his Lordship in a time of publike peace and serenity within that Realme, the 12. day of December 1635. did call a Councell of warre, and did accuse your petitioner of some words supposed to be spoken by your petitioner many moneths before, tending in his Lordships strayned construstion to the disturbance of [Page 4]government, and without allowing your Petitioner liberty of cleering his innocencie in a Legall manner, or so much as an houres time to make his just defence, proceeded to sentence at the same time, and although the said supposed words were no wayes criminall, yet his Lordship contrary to all justice, did cause the sentence of death to be pronoun­ced against your Petitioner, being a Peere of that Realme, as by the Copy of the said sentence hereunto annexed may appeare.

3. Though his Lordship for the further advancing of his owne ends did partly forbeare the execution of the said sentence, yet by colour thereof his Lordship forthwith di­sposed of your petitioners Foot-company; and committed your petitioner prisoner to the Castle of Dublin, where he was conteined from the said twelfth day of December 1635. vntill the sixteenth day of Aprill 1637. And within that time your petitioners papers, Cabinets, trunks, and other places of his house, were strictly searched by some of his greatest adversaries, by his Lordships dire­ction; And your petitioner for the space of twenty dayes was kept close prisoner to the extreme hazard of his life, vntill at last he was forced to purchase his liberty by submission to the said vnjust and illegall sentence, and by the accepting of a pardon for the same.

4. His Lordship taking advantage of your Petitioners Condition, and indevouring not onely to justifie his for­mer proceedings, but also to convict your petitioner, and render him a delinquent without a defence, did issue a Commission to Commissioners of his owne choyce and no­mination, who during your petitioners imprisonment ex­amined divers witnesses touching some misdemeanours falsely charged upon your petitioner in his office of Vice-treasurer? [Page 5]which being returned, and the effect therof trans­mitted into this Kingdome, his Lordship by this, and other undue practises, brought your petitioner into disgrace with his Majesty, and thereupon procured the said offices of Vice-treasurer, Generall receiver and Treasurer at warres to bee conferred upon Sir Adam Loftus Knight, who had beene formerly one of your petitioners accusers.

5. Whilst thus your petitioner had his offices taken from him, his honour and integritie injuriously calumniated; his libertie restrained, his life not onely subject to the mercy of the said Earle, but extreamely endangered by a continuall sicknesse caused by his imprisonment, his Lordship not there­with content, caused an Information to be preferred against your petitioner in the Castle chamber, touching the severall supposed misdemeanours enquired of by the said Commissio­ners, wherein though your petitioner was no wayes conscious of any guilt, yet finding his Councell awed by his Lordships power, his Judges to bee such as were formerly his inquisi­tors, the witnesses pre-engaged by an extrajudiciall exami­nation, could expect no lesse then a sentence against him not­withstanding his innocencie; your petitioner was put to this miserable choyce, either to suffer continuance and addition of his miseries, or otherwise to make such a submission as his Lordship pleased, whereupon your petitioner was inforced in an ignominius manner to make submission, hoping thereby to purchase his libertie, and goe into England according to his Majesties directions, though by so doing he could not ef­fect the same, but his imprisonment was continued notwith­standing.

6. Whereas aswell by the fundamentall lawes of that Realme, as also by his Majesties declaration published in print upon returne of a Commission, and by the advice of [Page 6]many grave and wise Commissioners sent from hence into Ireland for examination of the grievances of his Majesties Subjects in that Realme; the Lord deputie and Councell are not to meddle upon Titles of Inheritance betweene party and party; or in businesse belonging to the Cognizance of other Courts; or to alter possession: yet his Lordship upon a paper petition to him preferred by Kichard Rolston a­gainst your petitioner touching the mannour of Teemore in in the said Realme, after 18. yeares quiet possession thereof by your petitioner, hath decreed the said lands to the said Rolston, and by his owne warrant removed your petitio­ner out of possession thereof.

7. Whereas also by the said lawes of that Kingdome, and by the said declaration, proceedings before the Lord Deputy and Councell for things remediable in other Courts, or by pa­per-petitions, and the abuses of Habeas corpus within that Realme are prohibited, yet upon a paper Petition preferred to his Lordship, and the Councell by one Walter Peppard, touching land of Inheritance in the Petitioners possession, his Lordship hath retained the said Cause for his hearing, not­withstanding your Petitioners legall exception thereunto. And upon the like paper petition preferred to his Lordship by Arthur Manwaring, his Lordship hath for divers years delayed, and frustrated the benefit of an execution which your Petitioner had against him for a debt by bond, and yet no end of the said Manwarings vexations suites before his Lordship, & such other Referrences as his Lordship appoints.

8. His Lordship Rated your petitioner for the payment of his Majesties Subsidies in 1000. pounds in the Kings bookes, whereas men of farre greater, visible and knowne estates are not charged with hadfe that proportion, your Pe­titioners estate being very meane to support the condition [Page 7]and qualitie of the honours graciously conferred upon him by his Majestie, and his Royall Father in acceptance of his faithfull services, and his wife and eleven children.

Now, forasmuch as your Petitioner is no wayes guilty of the crymes under which he hath suffered, and yet it hath beene the height of his Lordships indevour, not onely to be­reave your Petitioner of his honour and fortunes, but also (as much as in him lay) of his innocence by the said ex­torted submission, and obtruded pardon, hee here relinquish­eth all advantage of defence by the said pardon, and freely submits the Crymes to him imputed to the scruting and de­termination of this honourable and impartiall assembly: and forasmuch as the said oppressions sustained by your Peti­tioner doe not onely in the highest degree concerne your Pe­titioner in his innocence, honour, liberty, and fortunes, but alsotend to the publike abuse, and scandall of the Lawes, liberties, and justice of both Realmes, and to the intro­ducing an Arbitrary forme of government, your Petitioner humbly offers the premisses to the consideration of this Ho­nourable Assembly; And humbly prayes such reparation therein, as to this Honourable Assembly shall seeme to stand with right and justice,

And your Petitioner shall daily pray, &c.

WHereas the Kings most excellent Maje­stie by his Highnesse Letters of the 31. of Iuly last directed to us the Lord Deputie, hath beene graciously pleased to signifie, that as hee shall ever expect that all due Reve­rence shall be given by his Subjects to the Person whom he appoints to be his Deputy, and Generall of his Army, within this his kingdome of Ireland; so on the contrary hee shall hold them blame-worthy, especially be­ing persons who have received their dignities from him, or hold their places of honour, and trust under his Govern­ment, and yet shall forget their duty that way in their words or actions, to the ill example of others; And taking notice of the carriage of the Lord Mountnorris, his Maje­sties Vice-treasurer, and Treasurer at warres here (who holds a Captaines place in his Majesties Army) by uttering some speeches inciting a Revenge upon us the Lord Deputy and Generall, from a Lieutenant of this Army for perform­ing the duties of our place, with modesty and good reason, [Page 10]in the time of exercising our Troope, which his Majestie in his said Letters declares to bee an offence much unbeseeming the gravity of a privy Councellor, to us the Lord Deputy; and the dutie of a Captaine to his Generall, and not to be suffered in any well governed Army, where good discipline must be the Rule and square of every mans actions: And therefore being very sensible of the honour of us his Depu­ty, and Generall of his Army, which may suffer herein, and be of ill consequence in the future. Hee hath by his said Letters willed and commanded us the Lord Deputy and Generall upon receipt of those his Letters, to call a Councell of warre, and after a due examination and proofe of those speeches by the Lord Mount-norris, his Majesties expresse will and pleasure is, that hee should undergoe and be liable to such censure, as the said Councell should impose upon him, for the full reparation of us his Deputy and Generall, in that point, and that there be no failing in putting the same in due and speedy execution: In obedience to which his Majesties Commandement, Wee the Lord Deputy called a Councell of warre, who being this day assembled. Wee the Lord Deputy in the presence of the said Lord Mount-norris did charge him with this offence: That within three or foure dayes, or thereabouts after the end of the Parlia­ment, it being mentioned at the Lord Chancellors table, that after Wee the Lord Deputy had dissolved the Parliament, being sitting downe in the presence Chamber, one of our servants in moving a stoole, happened to hurt our foot, then indisposed through an accession of the Gout, That one then present at the Lord Chancellors table, said to the Lord Mount-norris being there likewise, That it was Annesley his Lordships kinsman, and one of our the Lord Deputy and Generals Gentlemen Vshers that had done it: Whereupon the Lord Mount-norris then publikely, and in a scornefull contemptuous manner answered, perhaps it was done in revenge of that publike affront which my Lord Deputy had done him formerly, but he has a Brother that would not take such a revenge, which charge being so layd, the Lord [Page 11] Mount-norris was required by this Councell of warre to make answer therunto, who going about to answer it, and yet neither confessing nor denying them; This Councell after some time spent therein, required him to answer the said charge, either negatively or affirmatively, yet would not confesse or deny them, whereupon the wit­nesses vouched for proofe thereof, were called, namely our very good Lord, the Lord Viscount M [...]ore, and Sir Robert Loftus Knight, sonne and heire to our very good Lord, the Lord Chancellor, persons who though they were not the originall relators of his Lordships said discourse to us the Lord Deputy, yet being present when the said words were so spoken, were conceived to be able to give testimony therein: And therefore were called to be interrogated withall thereupon, who being examined before this Councell upon oath ministred unto them by the Clarke of the Councell before us, by com­mandement of us the Lord Deputy, and their dispositi­ons then reduced to writing, and subscribed by them in our presence, and in the presence also of the said Lord Mount-norris, who heard them affirme the same, It thereby appeareth, that the said Lord Mount-norris ut­tered and spoke the said words in manner and former, and at the time and place aforesaid: The charge layd against him standing then fully proved: The said Lord Mount-norris at last submitted himselfe to the judge­ment of this Councell, protesting that what interpreta­tion soever his words might have put upon them, hee intended no prejudice or hurt to the person of us the Deputy, and Generall, affirming that by these words; but hee hath a Brother that would not take such is revenge, his Lordship meant onely, that the said Brother would dye before hee would give us the Deputy and Generall, occasion to give him such a Rebuke. Wee fell in the next place to consider as of the nature of the offence▪ [Page 12]so of the punishment due thereunto: And first for this nature of the offence, wee conceive it to containe, first a calumny against the person of us the Deputy and Gene­rall of the Army, insinuating by these words, the pub-like affront, or the disgrace, which my Lord Deputy had done him formerly, that indeed there had beene such an affront or disgrace put upon him by us the Lord Deputy, whereas in truth it was nothing so, but that which was pretended by the Lord Mount-norris, to have beene the said disgrace, or affront to his kinsman was this: That his said kinsman (being one of the horse troope com­manded by us the Lord Deputy) in the time of exerci­sing the said troope was out of order on horse-backe, to the disturbance of the rest then in exercising, for which wee the Lord Deputy in a mild manner reproving him, as soone as wee turned aside from him, we observed him to laugh and geere us, for our just reproofe of him, which wee disliking returned to him, and laying a small Cane (which wee then carried) on his shoulders (yet without any blow or stroake then given him therewith) told him that if he did serve us so any more, we would lay him over the pate: the truth of which fact appeared unto us by the relation of His Majesties said Deputy, and our Generall, avowed and confirmed by two of us the Captaines; namely the Lord Kirkudbright, and Sir Fre­derick Hamilton Knight, who then saw the manner of it, and now sate as members of this Councell; which said Act was by this whole Councell adjudged to have beene a farre milder proceeding with the said Annesley, then such an Insolence, and disobedience to any Commander, much more to his Generall merited, and therefore it was a speech savoring doubtlesse of malice, to insinuate that as an affront or disgrace, which was indeed a justly merited, but mild and modest reprehension, and admo­nition, Secondly, we conceive the offence to containe [Page 13]an incitement to a revenge in these words, but bee has a brother that would not take such a revenge, Which incite­ment might have given encouragement to that Brother, being then and now in this Kingdome, and Lieutenant of the said Lord Mount-norris, his foot Company, to the said Annesley, himselfe being continually so neare the person of us the Deputy and Generall, or to some other to have taken up resolutions of dangerous consequences, and the manner of speaking the words, doe so farre ag­gravate them, as there is no place left for any indulgent construction to be made of them, nor indeed any con­struction but such, as renders the speaker a delinquent in a high and transcendent manner against the person of his Generall, and his Majesties authority; whence wee derive our power. This Councell also tooke it into con­sideration, that if the like words had beene spoken of the sacred person of our dread Soveraigne Lord the King, they had amounted to little lesse then high treason, which by some rule of relation apply themselves even to his Majesty, being directed to the person of his De­puty, and the revenge thus insolently vaunted to have beene taken upon him, being done when we the Depu­ty and Generall had that great and high Honour (which we alwayes esteeme our selfe in our selfe farre unworthy of) as to bee apparelled, and robed with his Majesties owne Robe of Majesty and Soveraignty. We conside­ted likewise the time when these words were spoken, when part of the Army was in motion, and when there were divers Companies of foot, and troops of horse in towne, and daily in exercising and training, whereat for the most part wee the Deputy were present, and the towne full of people from all parts of the Kingdome, as then unreturned back to their owne dwellings, from their sitting in Parliament. In the next place for the punishment due to his offence, we judge it to be an [Page 14]apparant breach and contempt of the one and fortieth Article of the printed lawes and orders of warre, esta­blished for the good conduct of the service of Ireland, dated the thirteenth of March 1633. and published in print by us the Lord Deputie soone after our accesse to this Government in these words of the said Articles; No man shall give any disgracefull words or commit a­ny Act to the disgrace of any person in his Army or Garrison, or any part thereof upon paine of imprison­ment publike disarming and banishment from the Ar­my as men for ever dis-abled to carry Armes. And which is more in like breach and contempt of the thirteenth Article of the said printed Lawes and orders of warre, the words of which Article are these; No man shall of­fer any violence, or contemptuously disobey his Com­mander, or doe any Act or speake any words which are like to breed any mutinie in the Army or Garrison, or im­peach the obeying of the generall, or principall Officers directions, upon paine of death; which Articles are no other then the very same Articles this Army had alwaies beene governed by in the time of the late Lord Faulk­land, Lord Wilmot, and other the Generalls before them; And therefore this Councell of Warre in conformitie to his Majesties gracious pleasure signisied as afore-said, and us well to vindicate the honour of Vs his Majesties De­puty and Generall of his Army, from the wrong and contempt under which wee now suffer, to the scandall of this Government, and to the ill example of others, as also to deliver over to all which beare Office, or are lif­ted as members of the Army, under the rule and govern­ment of us his Generall an example of Iustice, for them to take warning by, how they presume to offend against the authority intrusted with us by his Majestie, doe here­by adjudge, order and decree, that the said Lord Mount-norris stands justly and deservedly lyable to undergoe, [Page 15]the censures, paines, and punishments by the said fortie one, and thirteenth Articles provided against the brea­kers of all good Discipline, and the transgressors against those orders, which are by the said forrie one Article Imprisonment, publike disarming, and banishment from the Army, as a man for ever disabled to carry Armes, and by the said thirteenth Article death; And therefore according to the said Articles this Councell do unanimously, with one joynt consent (not one of us being of other opinion) adjudge the said Lord Mount-norris for his said high and great offences, to be impriso­ned, to stand from henceforth deprived of all the places, with the Intertainments due thereunto, which he holds now in the Army, to be disarmed, to be banished the Army, and dis-inabled for ever bearing office therein hereafter; And lastly, to be shot to death, or to lose his head at the pleasure of the Generall.