_FIrst, that he should deliuer vnto the said lord iustice, doctor Sanders, and cer|teine The earle of Desmond is required to deliuer do|ctor Sanders and the Spa|niards. The earle to deliuer one of his castels. strangers of diuerse nations, now remaining in the said earles countries, and mainteined by such traitors and in such castels, as be at his deuotion and commandement.
That he shall deliuer vp into hir maiesties hands one of his castels of Carigofoile or Asketten, for the pledge of his good behauiour: which vpon sundrie and diuerse reasons is suspicious, and he for his disloial|tie greatlie suspected.
That he doo foorthwith come and simplie submit himselfe vnto hir maiestie, and to referre his cause The earle to submit himselfe. to the iudgement of hir maiestie and councell in England, or vnto him the lord iustice and councell in Ireland.
That he doo foorthwith repaire to the lord iustice, and ioine with his lordship with all his forces, to prose|cute That he pro|secute his brethren and rebels. his brethren and other traitors, and to assist and aid the earle of Ormond, lord generall in this ser|uice.
Which conditions if he will hold, then he shall be reputed as a nobleman, and be receiued into fauour notwithstanding his errours past: but if he refuse, that then let him know, that immediatlie by open proclamation he shall be published a traitor.
The earle of Ormond, according to the order, went to the said Desmond, and deliuered vnto him both the letters and the said articles, and required his re|solution and answer. Which when he had ouer read and considered, he returned his answer by a letter The earle sendeth let|ters but com|meth not. dated at Crogh the thirtith of October 1579, vsing therein nothing but triflings and delaies, requiring restitution for old wrongs and iniuries, and iusti|fieng himselfe to be a good subiect, though he doo not yeeld to the foresaid articles. During the time of this parlée, the lord iustice was remooued to Crome, where he expected the returne of the erle of Ormond and to that place sir William Stanleie & capteine George Carew came vnto his lordship with their two hundred footmen.
The earle of Ormond being returned, & hauing little preuailed with Desmond, notwithstanding his sundrie persuasions, there were other letters sent The second letter sent to the earle of Desmond for his comming in. vnto him to induce him to the consideration of him|selfe and his estate: but when no reason, no persua|sion, nor counsell could preuaile; then it was thought good by the lord iustice & councell to procéed to their former determination, and to proclame him a trai|tor. The lord iustice remooued from Crome to Rath|kill, and he was no sooner incamped, but alarum by the traitors was raised: which was answered foorth|with by the lord iustice and the earle of Ormond: & in that skirmish thrée or foure of the traitors were The earle of Desmonds butler taken and slaine. slaine, of which the earle of Desmonds butler was one, the earle himselfe being then incamped within a mile of his brothers: and notwithstanding his iu|stification to be a good subiect, he dailie accompa|nied and conferred with them. The lord iustice séeing that neither counsell nor delaie of time could auaile with the earle of Desmond, then by the generall con|sent of the nobilitie, the councell, gentlemen, and The earle of Desmond proclamed traitor. the whole armie, a proclamation was openlie publi|shed against the said earle and all his confederats, in the highest degrée of treason at Rathkill the second of Nouember 1579. The effect of which treasons and proclamation was as here vnder followeth.