Whereas the Kings most excellent majestie by his highnes letters of the one and thirtieth of July last di­rected to vs the Lord deputie, hath beene graciously pleased to signi­fie that as he shall ever expect that all due reverence shall be given by his subjects to the person whome he appointeth to be his deputie, and generall of his Ar­mie within this his Kingdome of Jreland; So on the contrary, hee shall hold them blame-worthie, especi­ally being persons who have received their dignities from him, or hold their places of honor and trust un­der his governement. And yet shall forget there due­ties 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 Warrs here (whoe holdes a Cap­taines place in his Majesties Armie) by uttering [Page 4] some speeches, inciting a revenge vpon vs the Lord deputie and generall, from, a Liuetenant of this Armie, for performing the duties of our place, with modesty and good reason, in the time of excercising our troope, which his Majestie in his said letters de­clares to be an offence, much unbeseeming the gra­uitie of a priuie Counceller to vs the Lord deputie, and the dutie of a Captaine to his generall, and not to be suffered in any well governed Armie where good discipline must be the rule and square of euery mans actions.

And therefore being very sensible of the honor of Vs, his deputie, and generall of his Armie; which may suffer herein, and be of ill consequence in the fu­ture, he hath by his said letters willed and comman­ded Vs the Lord deputie 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 Mountnorris, his Majesties expresse will and pleasure is, that hee should under goe and be lia­ble to such censure as the said councell should im­pose upon him, for the full reparation of Vs his de­putie and generall in that poynt, and that there be no fayling in putting the same in due and speedy exe­cution.

In obedience to which his Majesties command, Wee the Lord deputie called a councell of warre, whoe being this day assembled, Wee the Lord de­putie in the presence of the said Lord Mountnorris did charge him with this offence, that within 3. or 4. daies or thereabouts, after the end of the Parliament, it be­ing mentioned at the Lord Chancellors Table, that af­ter Wee the Lord deputie had dissolved the Parlia­ment, [Page 5] being sitting downe in the presence Chamber, one of Our servants in mooving a stoole happend to hurt our foot, then indisposed through an accession of the gout, that one then present at the Lord Chancel­lors table, then said to the Lord Mountnorris being there likewise, that it was Ansley his Lordships kinsman, and one of our Lord deputie and generalls gentlemen-vshers that had done it, whereupon the Lord Mountnorris then publikely, and in a scornefull contemptuous manner, answered perhapps it was done in revenge of that publique affront which my Lord deputie had done him formerly, But he hath a brother that would not take such a revenge, which Charge being so laid, the Lord Mountnorris was required by this councell of warre, to make answer thereunto, 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 affermatively, yet would not confesse or deny them. Wherevpon the witnesses vouched for profe thereof, were called, namely per­sons who though they were not the orginall relators of his Lordships, said discourse to Vs the Lord depu­tie, yet being present when the words were so spoken, were conceive to be able to give testimony therein: And therfore were called to be interrogated with all, thereupon, who being examined before this councell upon oath, ministered unto them by the Clarke of the councell before Vs by commandement of Vs the Lord deputie and their depositions then reduced to writing, and subscribed by them in our presence and in the presence also of the said L. Mountnorris, who heard them affirme the same. It thereby appeareth that the [Page 6] said Lord Mountnorris vttered and spoke the said words, in manner and forme, and at the time and place aforesaid; The charge laid against him standing then fully proved, the said Lord Mountnorris at last submitted himselfe to the Iudgement of this councell, protesting that what interpretation soever his words might have put vpon them, he intended noe preju­dice or hurt to the person of Vs the deputie and generall, affirming that by these words, but he hath a brother that would not take such a revenge his Lordship meant onely that he the said brother would dye, be­fore he would give Vs the deputie and generall occa­sion to give him such a rebuke.

Wee fell in the next place to consider as of the na­ture of the offence, so of the punishement due there­vnto. And first for the nature of the offence, Wee conceive it to containe first a calumnie against the person of Vs the deputie and generall of the Armie, insinuating by these words the publike affront or the disgrace which my Lord deputie had done him for­merly, that indeede there had beene such an affront, or disgrace put vpon him, by Vs the Lord deputie; whereas in truth it was nothing so, but that which was pretended by the Lord Mountnorris to have been the said disgrace or affront to his kinsman was this, that his said kinsman being one of the horse-troope commanded by Vs the L. deputie 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 the L. deputie in a mild manner reproving him, as soone as Wee returned a side from him, Wee observed him to laugh and geere Vs for Our just re­proofe of him, which Wee disliking returned to him, [Page 7] and laying a small Caine (which Wee then carried) on his shoulders (yet without any blow or stroake then given him therewith) told him, that if hee did serve Vs so any more, Wee would laie him over the pate, the truth of which facte appeared vnto Vs by the relation of his Majesties said deputie and our generall, avowed and confirmed by two of vs 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 farr milder proceeding with the said Ansley, then such an insolence and disobedience to any Comman­der, much more to his gennerall merited.

And therefore it was a speech savouring doubtles of malice, to in sinuate that as an affront or disgrace which was indeed a iustly merrited, but a mild and modest reprehention and admonition.

Secondly Wee conceive the offence to containe an incitement to a revenge in these words but hee has a brother that would not take such a Reuenge, which incite­ment might have given encouragement to the bro­ther being then and now in this kingdome, and Liue­tenant of the said L. Mountnorris his foote companie to the said Ansley himselfe being continually so neere the person of Vs the deputie and generall, or to some other to have taken vp resolutions of dangerous con­sequence, and the manner of speaking the words doe so farr aggravate them, as there is no place left for any indulgent construction to bee made of them, nor in­deede any construction, but such as renders the spea­ker a delinquent in a high and a transendent manner against the person of his generall, and his Majesties [Page 8] authoritie whence we 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 a mounted to little lesse then high treason, which by some rule of relation apply themselves even to his Majestie, being directed to the person of his deputie and the revenge thus insolently voted to have beene taken vp­on him: being done, when Wee the deputie, and generall had that great and high honor which We alwayes esteeme our Selfe in our selfe farre vnworthy of, as to be apparralled and robed with his Majesties owne robe of majestie, and Soveraingnity: We consi­dered likewise the time when these words were spo­ken when part of the Armie was in motion, and when there were divers companies of foote and troops of horse in the towne, & daily in exercising, and training whereat for the most part, We the deputie were pre­sent and the towne full of people from all parts of the kingdome as then vnreturned 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 apparent breach and con­tempt of the 41. Article of the printed lawes and or­ders of warr established for the good conduct of the service of Ireland, dated the 13. of March 1633. and published in print by Vs the Lord deputie soone af­ter our accesse to this governement in these words of the said article, 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 vpon paine of impri­sonment, publique disarming and banishement from the Armie, as men for ever disabled to carrie Armes. And [Page 9] which is more in like breach and contempt of the 13. 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 breede any mutiny in the Army or Garison, or impeach the obeying of the generall or principall officers directions up­on paine of death; which Articles are no other then very same Articles, this Army had allwaies been the governed by in the time of the late Lord Faulkland, Lord Willm [...]tt, and other the generalls before them. And therefore this Councell of Warre in conformity to his Majesties gra [...]ious pleasure as aforesaid, and aswell to vindicate the honour of his Majesties deputy, and generall of his Army, from the wrong and con­tempt, under which we now suffer, to the scandall of this Govenement, and to ill example of others: As also to deliver one to all, which beare office, or are listed as members of the Army under the rule and govenment of us his generall; An example of Justice for them to take warning by, how they presume to offend against the Authority intrusted us by his Majestie doe hereby Adjudge, Order, and Decree, that the said Lord Mountnorris stands justly and de­servedly lyable to undergoe the censures, paires and punishments by the said 41. Article and 15. Articles proved against the breakers of all good discipline, and the transgressors against those orders which are by the said 41. Articles imprisonment, publique disarming and banishment from the Army, as a man for [...]ver disable to carry Armes: And by the said 13. Arti­cle death, And therefore according to the said Ar­ticles, [Page 10] this Councell doe unamimously with one joynt consent, not one of us being of other opinion) adjudged the said Lord Mountnorris for his said high and great offences to bee imprisoned to stand from henceforth deprived of all the places, with the enter­tainments 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 loose his head, at the pleasure of the Generall: Given at his Majesties Castle of Dublin the 12. day of December, 1635.

THat whereas your Petitioner for divers yeares hath beene imployed by his Majestie and his late Royall Father in divers Offices and imployments of great trust and eminence within the Realme of Ire­land, wherein to the uttermost of his power hee hath Faithfully discharged the trust in him reposed with the publique 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 he now beares, yet the Right Hono­rable Thomas Earle of Strafford, Lord Livetenant of the said Realme of Ireland having conceived a causelesse distrust against your Petitioner, and thereupon indea­voring the revenge of some personall neglects, and the undue advancement of his own ends and instruments, by the dishonour and ruine of your Petitioner, his Lordship without any just cause at all, not onely stript and deprived your Petitoner of those honorable im­ployments [Page 12] with contumely and reproach, but also of his owne private fortunes, and the birthright and li­berty of a subject, a short viewe of part, of which your Petitioners sufferings, he humbly presents in these en­suing particulars.