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A63346 A true account of the whole proceedings betwixt His Grace James Duke of Ormond, and the Right Honor. Arthur, Earl of Anglesey, late Lord Privy-Seal, before the King and Council and the said Earls letter of the second of August to His Majesty on that occasion : with a letter of the now Lord Bishop of Winchester's to the said Earl, of the means to keep out popery, and the only effectual expedient to hinder the growth thereof, and to secure both the Church of England, and the Presbiterian party. Ormonde, James Butler, Duke of, 1610-1688.; Anglesey, Arthur Annesley, Earl of, 1614-1686.; Morley, George, 1597-1684. 1682 (1682) Wing T2408; ESTC R24643 20,676 35

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Cessations and Peaces I Refer to their many Letters which I have ready to produce in some whereof the Duke of Ormond then Earl Joyned by which they Declare the Horridness and Vniversality of the Rebellion and the Design of the Irish to Extirpate the English and to Cast off the English Government and that there was no way of Recovering that Kingdom to the Crown of England but by a vigorous and total Reducing them to obedience But when other Councils were taken up one of the Lords Justices and divers of the Chief Officers and Councellors of greatest Experience in that Kingdom and who best understood how to deal with that People were displaced and affairs put into other hands the grounds and proceedings and success whereof the Duke of Ormond can better Relate than I. Charge 3d. Concerning the Protestants of all degrees sooner or later opposing both the Cessations and Peaces and the Nobility named that did so pag. 65. Answer This is matter of Fact unquestionable and without which and their subduing the Irish to the Crown of England who were sheltered and protected by the Cessations and Peaces their Estates could never have been granted to the English and Protestants as they are if there were any mistake in the enumeration of the Nobility which is possible the Letter being written by memory and far from Books and Papers it will not be great or material and is easily amendable without varying the Case Charge 4th That the two first peaces were against Law and several Acts of Parliament in both Kingdoms pag. 64. Answer They are not only against the whole Scope of the Laws in Ireland and England for Establishing the Protestant Religion and Suppression of Poperty but against these particular Acts of Parliament viz. 2 Eliz. Cap 1. 2 in Ireland and 28. H. 8 Cap. 13 c. And in England the Statutes of the 17 Caroli 1. Cap. 34. 35. 36. 37. in one of which it is provided that all pardons granted to any of the Rebells of Ireland without assent of Parliament shall be void and yet by the Cessations they were Reprieved and by both the Peaces fully pardoned And in the same Act it is also enacted that whosoever shall make any promise or agreement to Introduce or bring unto the Realm of Ireland the Authority of the See of Rome in any Case whatsoever or to defend or maintain the same shall forfeit all his Lands Tenements and Hereditaments Goods and Chattells After some Debate of the said Charges and Answers at Council the Lords Concerned being withdrawn this Resolution passed by the Lords on the Lord Privy-Seals Letter to the Earl of Castlehaven viz. that it was a scandalous Libell against His late Majesty against His now Majesty and against the Government but no particular Clauses were mentioned to ground that Censure upon and when the parties were Called in again the Lord Chancellor only told the Lord Privy-Seal that the King Conceived him faulty in the Clause pag. 32. of the said Letter to the Earl of Castlehaven wherein the Committees of the Parliament of Ireland were mentioned as having been in at the Intrigues of the Popish Faction at Court but that the Council had appointed his Lordship to be heard next Council day Aug. 3d. when he was to produce the vouchers Mentioned in his Answer as appears by the order following At the Court at Hampton-Court This 27th day of July 1682. By the Kings Most Excellent Majesty and the Lords of His Majesties Most Honorable Privy Council It was this day ordered by His Majesty in Council that the Right honorable the Earl of Anglesey Lord Privy-Seal do on Thursday next being the third of August produce to His Majesty in Council appointed at Hampton-Court at Nine in the Morning the Vouchers mentioned by his Lordship in his Answer this day read at the Board to the Paper delivered in the 13th Instant by his Grace the Duke of Ormond Phi. Lloyd The Lord Privy-Seal Continuing Extream ill of the Gout and finding himself prejudged by the Lords the said 27th day of July Aug. 2. wrote the following Letter to His Majesty and sent it enclosed to the Lord President to be presented which was done Accordingly May it please your Majesty Having Received your Majesties order in Council of the 27th of July to produce the third of Aug. next at Hampton-Court to your Majesty in Council the Vouchers mentioned by me in my Answer to the Paper delivered in the 13th Instant by the Duke of Ormond and the increase of my fit of the Gout occasioned by my last Attendance incapacitating me personally to obey the said Order I hold it my duty to yield the obedience I am able by this humble address to your Majesty I find by the entry of the last Council days proceedings that beyond what the Lord Chancellor declared to me at the board of your Majesties Judgment of a Clause in the 32 page of my Letter to the Earl of Castlehaven which was not so much as mentioned in the Duke of Ormonds said paper A Resolve passed by the Council on that Letter to this effect that it was a scandalous Libel against your Majesties Royal Father against your Majesty and against the Government but I find no Clauses whereon such Judgment is grounded your Majesty may Imagine with what Amazement as well as trouble this came to my knowledge I should with less Concern have seen a dagger at my old faithfull heart then to have Received the wound I have from your Royal hand after Three and Twenty years faithfull and diligent service under great Trusts I do not know by what Right or Authority the Council Table who are limited by Lawes in their Jurisdiction take upon them the Tryal of a Peer for pretended Libelling though I shall be glad to see their zeal against real Libelling which is the Dangerous and Countenanced sin of the Age. I am supported at present under my misfortune in this that your Majesty who hath so often declared to your People that you will Govern according to Law will not deny your old Servant a fair and Legal Tryal in some one of your Courts of Justice upon the points whereof the Duke of Ormond hath accused me before they take any Impression on your Majesty to my prejudice and then I no ways doubt by a due Administration of the Laws I shall by Jurors legally Impanel'd and untamper'd with which is the Right of every Subject be represented to your Majesty in this affair under a Charracter more suitable to that unblemished and honor with which I am arrived at old age But if the Duke of Ormond upon his prosecution of me before those Judges who have power to hear and determine shall by supplying his defect of proofs in Council Convict me for a Libeller in any one point of his Charge I shall not only deserve your Majesties Censure but the utmost severity of the Law in my punishment which may Gratifie the Ambition of some who promote
Massacres and which must expect and undergo more still preparing unless prevented by wise Councils here upon the warnings that a true Account of former times and failings may give us And since the Earl hath been versed above forty years in publick Affairs without blemish or dishonour and intends by your Majesties permission to Dedicate his History to your Self which sure he would not be so weak as to offer if any thing were to be in it of the nature the Duke presageth the Earl therefore hopes the Duke may at least trust your Majesties wisdom with the publishing of what you shall have the perusal of if you shall judge it worth your reading before it go to the Press being intended both for the Honour of the Late King and of your Majesty and not to gratisie any private humor or party or to disguise or cover the Errors or Miscarriages of any Subject whatsoever As to the Duke's Reflection that the Earl chose rather to seek for Information from the Earl of Castlehaven than from him the contrary doth appear ever since the Earl had any hopes given him of the Duke's Assistance with such Authentick instruments and writings as may contribute to the History which the Earl cannot but yet expect and he never desired other informations from the said Earl of Castlehaven than in the Military Actions wherein the Duke employed him as a General and never thought of making other use of them than as they concur'd with clear'd and confirm'd the true Account the Earl was possessed of in those Affairs before As to the Duke's insinuating where he mentions the War of Ireland and other Transactions there wherein they had both a great part that they were of opposite Parties since he accounts it serviceable to his design of aggravating to the utmost against the Earl the occasion is willingly imbraced to give your Majesty a brief and true Information of the part the Earl had both in Ireland and England in the late unhappy Time The Earl was under the Authority his Late Majesty had entrusted both Houses of Parliament with for Ordering and Governing the Affairs in Ireland after the horrid Rebellion begun instrumental there to preserve the Brittish and Protestant Interest Countries and Garrisons from being swallowed up by Owen Oneill's Barbarous Army or falling into the Bloody Irish Hands He also held Correspondence with and offer'd Assistance to the then Marquess of Ormond to Preserve the English and save the City of Dublin and other English Garrisons and Quarters from the Treacherous Irish who broke all Faith with the Marquess He likewise sent to the Marquess the Late King's Majesties positive Prohibition in Writing against making any Peace or having at all further dealing with the Irish and used his most earnest persuasions herein foreseeing it would be destructive to the English and mischievous to the Late King and still offer'd Assistance to the Marquess to encourage him in vigorous opposing the Irish and to enable him to disappoint their Treachery and the Consequence of their Faith-breaking The said Earl after the Peace notwithstanding made with the Irish Confederate Rebells and their Shameful and Treacherous Breach of it with design and endeavor to Surprize the Marquess and all the English Garrisons in Lemster and after they had so handled their business as to get the Commissioners of Parliament which were Arrived at Dublin by the Marquesses invitation to receive the City of Dublin and all other Garrisons and Strengths under his Command and secure them against the Irish for which end they had brought Forces Shipping Provisions and Ammunition of all sorts with them to be rejected and sent away by the Marquess He upon a second Invitation of the Marquess to the Parliament upon the Irish Rebells continued Breaches and Treacheries went again for Ireland after he had used all his Interest to persuade them to send again though they were very unwilling and it was much opposed by reason of the former unexpected disappointment And was the chief employed in Commission from the Parliament with an Army of Horse and Foot furnished with all things necessary to deliver the Marquess and English from the Irish Treacheries and Designs and to receive the City of Dublin and other Garrisons into the Parliaments Custody who were trusted and able to preserve the same for the Crown if we could agree upon Articles for that purpose which by the Blessing of God the Earl did to the Marquess and the late Lord Chancellour Eustace whom the Marquess chiefly Trusted therein to their great Satisfaction as well as his own and the English and Protestants and after He and the rest of the Commissioners had received the City of Dublin and other Garrisons and Conveyed the Marquess with the Honor due to his Quality to the Sea side to take Shipping for England as the Articles gave Leave and had spent some time to lay the Foundations which after happily succeeded for the total Reduction of the Irish and breaking their Cursed Confederacy and Power for Treachery and Final Subduing them to the Crown of England with the Forfeiture of all their Estates for the Satisfaction of Adventurers and Soldiers and the vast Encrease of the Revenue of the Crown The Earl returned for England as he had Leave to do before he went where by his Interest in Parliament he secured to the Marquess the Thirteen Thousand Pounds c. Agreed by the Articles for the Surrender of Dublin c. to be paid to him though much endeavour was used by the Lady Vicountess Moore and others upon legal pretences to deprive him of it So that he lost not one Penny of it and then the said Marquess thought and held the said Earl his Real Friend and a punctual Performer of Publick Faith In England the Earl's part was as followeth To preserve the Church in its Legal Establishment to the last to desend the King and the Laws against Usurpation and Arbitrary Government to adventure his Estate and Life to save His from Execrable Murder and never to sit still till he and his Friends His Late Majesties and Your Faithful Subjects had compassed Your Majesties Happy Restauration with the apparent and imminent hazard of their Lives whereof the said Duke had vast benefits without danger Now if the Duke will give the Earl information of his part as an opposite Party in the said Transactions he promiseth they shall not want their due place and regard in History when all done by both shall be truly and exactly Recorded The Earl doth not know what the Duke means by saying That at least while the Lord Privy-Seal and he have the Honor to be of your Majesties Privy-Council and in the Stations they are it will not be fit for him to publish such an Answer to the Lord Privy-Seal's Book and Letter as might otherwise be necessary in Vindication of Truth unless he would insinuate it fit for the Earl to be displaced to make room for that long threaten'd Answer that
almost worn out his Strength and Life without Conviction of any failure or transgression which surely the said Duke would never do after he had privately quarrell'd the Earl and exposed him the worst he could in Print and this Affair having taking a circuit of almost two years unless he conceived he had met with some extraordinary juncture to bear down the Earl nor trouble your Majesty and Council when so great Affairs are before them with such private concerns and complaints after so long a run and using other ways unsuccessfully to Vindicate himself from what was never intended as a Charge against him I conclude Praying as I have heartily endeavored for the Glory and Prosperity of your Majesties Government to be equal to the greatest of your Royal Predecessors wishing your Majesty many such Subjects as I have been and am whom the Duke of Ormond seems so Earnest to rid your Majesty of or leave under a black Character and misrepresentation in your Service which he shall never be able to compass ANGLESEY At the Court at White-Hall this 13th day of July 1682. By the King 's Most Excellent Majesty AND The Lords of His Majesties most Honorable Privy-Council UPon Reading this day at the Board a Paper delivered in by his Grace the Duke of Ormond His Majesty in Council was pleased to Order That a Copy of the said Paper be sent to the Right Honorable the Earl of Anglesey Lord Keeper of the Privy-Seal which is accordingly hereunto annexed who is to return an Answer thereunto to His Majesty in Council upon Thursday the 20th instant at Hampton Court at Nine in the Morning Phil. Loyd I. THE Cessations and Peaces Dishonorable to the Crown of England Pag. 27. II. Of Advantage only to the Irish. ibid. III. Destructive to the English Protestants ibid. IV. That therefore the Lords Justices and Council were from the beginning averse to them Pag. 60. V. That for the same reasons the chief and most of the English Nobility in Ireland and the generality of the English Scotch and Irish Protestants of all Qualities and Degrees sooner or later opposed both the Cessations and Peaces Pag. 65. VI. That amongst them were found the Earls of Kildare Thomond c. Ibid. VII And that the two first Peaces were against Law and several Acts of Parliament in both Kingdoms Pag. 64. The Council not sitting the 20th of July tho' the Lord Privy-Seal who received the 13th the particular Charges of the Duke of Ormond against him then delivered in Answer'd them the 14th yet gave not in his Answer till the next Council held at Hampton-Court the 27th of July which was as followeth July the 14th 1682. The Answer of Arthur Earl of Anglesey Lord Privy-Seal to the Paper deliver'd by the Duke of Ormond at Council July 13. 1682. as a Charge of particulars against him SAving still the benefit of his former Answer deliver'd in the 23d of June and what was then done at Council the said Earl further saith That 't is to be consider'd that all the said particulars were passages in a private Letter to a Friend not designed for publick view That the Earl of Castlehaven to whom it was written being convinced thereby as appears by a Second Epistle to the Reader added to his Memoirs wherein he saith that his acting as a Confederate Catholick was in plain English as a Rebel That he doth not excuse the Rebellion for all the Water of the Sea cannot wash it off that Nation it having been begun most bloodily on the English in that Kingdom in a time of setled Peace without the least occasion given A Noble and Remarkable Confession of one who had been long of the Supreme Council of the Confederate Irish. And which makes it the more wonderful that the Duke of Ormond should be so severe a Censor on a Letter which had so good an effect on him it was written to In the next place the said Earl saith That since the Duke of Ormond thought it fit to concern himself in a Letter not written to him he should have been so impartial as to have taken Notice of this Passage therein Pag. 61. Your Lordship having been privy to all the Cabals and Secret Councils against the English and Protestants will I hope if you find any thing written by me questionable or doubtful in your Opinion favour me with your severest Reflections thereupon for as I design nothing but exact Truth wherever it light so if by any inadvertancy or want of full information I should Err or come short in the least your Lordship shall find me ready to retract or supply but never to persist in it whereby it appears that the Earl of Anglesey had no Intention to Injure any man as he is not Conscious he hath These things premised the said Earl gives this short Answer or rather Justification to the said particular Charges First to that Marked No. 1. 2. 3. which are all but one Clause in the letter Page 27 viz. that the Cessations and Peaces were of advantage only to the Irish and highly dishonorable to the Crown of England and destructive to the English and Protestants Answer The said Earl passing by the Irish and Papists being the Chief promoters of them the English and Protestants sent Agents to Oxford purposely to oppose and divert the Influence thereof and to hinder agreements with the Irish which they fore-saw would be destructive to the English and Protestants the whole passages of the proceedings herein were published in 1644. in a Book Intituled the False and Scandalous Remonstrance of the Inhumane and Bloody Rebells of Ireland together with an Answer thereunto on the behalf of the Protestants of Ireland the perusal whereof will fully Justify the Earl in what he hath written besides the Two Houses of Parliament their Declarations and Reasons against both Cessations and Peaces But to put it past dispute the Earl Refers to His Majesties Declaration and the Act for the Settlement of Ireland in which the Duke of Ormond himself had a great hand and gave the Royal Assent pa. 10. c. By which his Majesty that now is in full Parliament Declares that his Royal Father had been forced to the Cessation and Peace which he had made with the Irish and that he was thereby Compelled to give them a full pardon in the same Act His Majesty also declares that he himself was necessitated to make the second Peace with the Irish upon difficult Conditions If all this do not prove the Cessations and Peaces dishonorable to the Crown of England of advantage only to the Irish and destructive to the English and Protestants I submit to Judgment And why else were the Peaces upon hearing all Parties laid aside and the Irish their Estates divided among the English 2d Charge That therefore the Lords Justices and Council were from the beginning averse to them page 60. Answer To prove that the Justices and Council were from the beginning averse to the