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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 London Printed for Thomas Fox at the Angel and Star in Westminster-Hall 1682. TO THE READER THat there hath been a Controversie between the Duke of Ormond and the Earl of Anglsey the immediate consequence of which hath been the removal of the Earl from a Place of great Honor and Trust under his Majesty for which he was in every respect extraordinarily well qualified perhaps no man questions And many may be likely to say that the more fatal such quarrels amongst great Personages are to either side the more instructive they commonly prove to the rest of Mankind who are thereby let into a Prospect of those things which were thought too sacred for the view of the profane Vulgar As every inferior Soldier may learn Skill Address by seeing two Generals engage in the sight of their Armies so certainly this Paper Battel between these Great ones may be of use to all sorts of men that have the lest Grain of that commendable Ambition to propound to themselves the greatest Examples Wherefore I conceive no man of which side soever Fortune or Choice hath placed him can blame me for procuring and exposing to publick view authentick transcripts of what hath passed in this Affair The bare curiosity to know how such men write were almost enough to tempt any one to peruse these papers but then when they relate to the History of unmovable Affairs of which eitherof the parties may say Quorum pars magna fui And when they were so great men in themselves their Parts in the History so great that they may be compared to Caesar writing the Commentaries of his own Enterprises I should think him very dull that need be courted to be a Reader But these Papers carry in them what I hope vvill further recommend and endear them to the greater part of this Nation most of them being in defence of the poor English Protestants in Ireland to some of vvhich the Earl of Anglesey hath most generously asserted the glory of their Martyrdom and to others the unblemished honor of preventing the utter ruin extirpation of the rest The Earl of Castlehaven who had been too too fortunate an Head to the RomanCatholick Rebels in Ireland had not only in Print justified his own engagement with that bloody Party butwould make that chiefly a Defensive War w ch was certainly the effect of an universal conspiracy amongst the Papists there Nor is it to be doubted but there were Encouragers in England This engaged the Earl of Anglesey amidst his many avocations to ward off the second blow against them who had suffered almost beyond all Example before and his interposition extracted from the Earl of Castlehaven a Confession that he himself acted as a Rebel and that all the Water in the Sea cannot wash that Rebellion off that Nation which was begun most bloodily on the English in that Kingdom in a time of a setled Peace without the least occasion given I must confess there are several passages in the Letter to the Earl of Castlehaven wherein the Duke of Ormond seems concerned to vindicate his own actions How far the Charge or the Defence is made good it is not for me to judge nor shall I in the least enter into the merits of it I am sure the Earl of Anglesey made a most noble Declaration fit to be written in Letters of Gold Truth says he being the greatest and best Friend I had rather one or several Persons and Families should lie under the consequence of its impartiality than that the English Nation and Protestant Religion should suffer by a timorous unworthy concealing or with-holding any part of it This being the said Earlsavowed Principle methinks he ought to be importunedby a publick Address that what he hath meditated and hath been preparing from Records and authentick unquestionable Relations and Transactions of that bloody Tragedy and matchless defection from the Crown and very Nation of English men may soon see the light To the KING' 's Most Excellent Majesty The Duke of Ormond Your Majesties Lieutenant of Ireland and Steward of Your Majesties Houshold most humbly represents THat the Earl of Anglesey Lord Privy-Seal in the Year 1681. caused a Book to be Printed whereof he hath acknowledged himself to be the Author intituled A Letter from a Person of Honour in the Country written to the Earl of Castlehaven being Observations and Reflections upon his Lordships Memoirs concerning the Wars of Ireland That in the said Book there are divers passages and expressions which are not only untrue but reflecting in a high degree upon His Late Majesties Government and particularly in Relation to the Rebellion and War in Ireland and to the several Cessations and Peaces made by His and Your Majesties Authority and Command That in the said Book the Lord Privy-Seal hath Malitiously endeavour'd to Calumniate and Asperse the Duke of Ormond by calling in question his Faithfulness and Loyalty to His Late Majesty the Sincerity of his Profession in point of Religion and insinuating that the Cessations and Peaces destructive as he says to the English and Protestants were advised and procured by him the said Duke out of his Affection to the Irish Popish Rebells because he was Allyed to many of them in Blood and by Marriages That the Lord Privy-Seal in the course of above Twenty Years free and friendly Acquaintance and Correspondence with the Duke of Ormond never thought fit to give him any intimation of his Lordships Intention to write a History of the Wars of Ireland and other transactions there wherein both the Duke and his Lordship tho' of opposite Parties had a great part but chose rather to seek for information from the Earl of Castlehaven and to publish his Observations on the Earl of Castlehaven ' s Memoirs in a Conjuncture when his Reflections in his Book and his Letter of the Seventh of December 1681. to the Duke of Ormond might not only do most mischief to him but to the Government The Duke of Ormond humbly conceives 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 His Late Majesties Justice and Honor and his own Integrity It is therefore most humbly proposed That Your Majesty would be

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

about October 1680. one was sent to his Lordship taking Notice thereof and asking him what he had done with the said Letter who then Confessed he had lent it to a Friend but he would recover it again The Letter being thus Printed the Duke of Ormond had soon sight of it for in his Letter to the Earl of Anglesey of November the 12th 1681. he takes Notice that he had seen it a Year before and writes his Pleasure of it so Satirically that the said Earl returned his Answer of the 7th of October following which the said Duke takes Notice of in his said Representation though he never before acknowledged the Receipt thereof nor was pleased to make any Reply to it though it gave him sufficient occasion thus when the said Earl expected a Reply things stood till the said Complaint made to your Majesty which he humbly submits whether it be fit to be received or proceeded upon in Council after so open a litigation thereof in Print wherein the said Duke had appealed to the People and accused the Earl with as much Acrimony as it was possible for the Duke 's sharp Pen to do it being as the said Earl conceives below the dignity of Your Majesty and the Board after the Duke has proceeded so far in a private Quarrel of his own making without Success and that those the Duke had appealed to seemed generally satisfied that the Earl had fully Vindicated himself from the Aspersions laid upon him by the Duke 's said Letter for your Majesty to be Addressed to so late and in a Cause so concluded wherein the Earl had justified himself in the method the Duke himself lead him and is ready to proceed further so to do if the Duke shall please to Reply in maintenance of his Printed Charge However the Earl not knowing what course in this Affair will be pursued or directed saith that he doth not disown the Book mentioned in the Duke's Representation so far as he hath acknowledg'd the same in a Letter written by him to the said Duke But denies that in the said Book or Letter there are divers or any passages and expressions which are not only untrue but reflecting in a lugh degree upon his Late Majesties Government and particularly in Relation to the Rebellion and War in Ireland and to the several Cessations and Peaces made by his and your Majesties Authority and Command which the said Earl hath formerly intimated in writing to the said Duke in Answer to a Letter of his insinuating the same thing and urging for particulars which the said Earl could never yet obtain The said Earl is no further charged with malitiously calumniating and aspersing the said Duke and insinuating several particulars to that purpose but the passages in the said Books of that import are still reserved and not thought fit by the said Duke to be expressed so as the Earl may know what or how to Answer And the said Duke is not ignorant that malitious Calumny or Scandal against so great a Person as the Duke of Ormond is severely punishable by Law What to say more herein the said Earl knows not till the Duke gives more clear and particular occasion Whosever shall take Notice of what the Duke Asserts of his and the Earls free Converse and Friendship for above twenty years and which the Earl adds and the Duke cannot forget the real and adventurous friendship with the Earl hath ingaged in with and for the Duke he cannot but wonder as others do that they are so easily cancell'd and turned into rancor and ill returns without demonstrating a change in the Earl which may satisfie inquiring men the Duke hath a Cause For else it seems wonderful and past belief to intelligent men that the Earl who professeth that he bears Malice to no Person living nor ever had quarrel with any man that counts it his great misfortune in his Old Age when he was preparing to go to his Grave in Peace and in perfect Charity with all men he should be Attacqued by one who hath professed friendship to him above these twenty years and as he finds by Letters and otherwise was intimatly a friend to his Father As it is miraculous to the same degree that the Earl in his circumstances should willingly be drawn into controversie with so great and fortunate a man and so antient a friend as the Duke of Ormond But since it hath been the Dukes pleasure or humor so violently and so many ways to assault the Earl he must not take it ill that he cannot bear wounds patiently and without just resentment The Duke complains further that in the course of above twenty years free and friendly acquaintance and correspondence with him the Earl never thought fit to give him any intimation of his intent to write a History of the Wars of Ireland and other Transactions there The said Earl cannot recollect with certainty whether he did or no but he very well remembreth that many years ago he acquainted Sir George Lane then the Duke's Secretary and now Viscount of Lanesborrow and who told him he had the custody of all the Duke's Papers and Writings of publick Affairs with his intended History of Ireland who promised him the assistance of them but he could never yet obtain any from him Nor from the Duke himself since he made a free offer and promise of them by his Letter of the 12th of November threatning to appeal from the Earl as a partially ingag'd and unfaithful Historian if he accepted them not he being as he wrote more desirous to prevent than rectifie Errors and mistakes The Earl having this noble encouragement from so great a person and who was to make so great a part of it to proceed in his History by his Letter of the Seventh of October acknowledged and accepted the Duke's favour expecting the performance thereof but never heard since from the Duke till by his Representation to your Majesty wherein he seems to forget or retract all that had passed tho' the Earl had given him all the Assurance a man of honour could do that he would be exactly faithful and impartial in the History and now shews that he is unwilling any History should be written by the Earl whose candor and impartiality he will yet allow to be but pretended and therefore proposeth that your Majesty will prevent the Credit which they his great place and supposed knowledge especially in the Affair of Ireland may give to his Writings in these and future times never considering that himself hath greater Places Yet the Earl doth not apprehend their giving Credit to any thing the Duke hath or shall write against the Truth which the Earl is resolved to tye himself strictly and authentically to if he be suffered to go on and not discouraged in his Design with which he intended to close his Labours in this Life for the good of England and the Safety of that poor Kingdom of Ireland harrassed by Rebellions and

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

so he might have the more home and fuller stroak at the Earl before your Majesty when he hath endeavored but cannot hurt him before your People And it appears that it is but a New Phancy and Consideration taken up by the Duke for when he was pleased not only to Write but Print his Virulent Letter of the Twelfth of November agains● the Earl it had not it seems affected his Thoughts as of any import and this also shews That it is too late and dishonorable an appeal to be made to your Majesty after the Duke hath done it without Success in Print to the People and would never in probability have been attempted but that he thinks he hath arrived in a more happy conjuncture or hath entertained some groundless hopes of Favour by the Earls depression which he will never in the least apprehend from a just Master that he hath faithfully served so long And therefore the Earl conceiving that the Duke hath already in Print charged him with all he hath to say and more than he can make good and there being an Obligation of Honor lying upon him to publish any answer to the Lord Privy Seals Book which without difference or respect to him would be necessary in Vindication of Truth and the said Earl no ways apprehending the dint of such an Answer humbly beseecheth your Majesty that the Duke may be at liberty and encouraged in his worthy design for vindication of Truth by his Answer without regard to the Earl who is ready and willing to be trampled upon for the Truths sake and dreads much more what the Duke may with vain hopes whisper or insinuate to your Majesty than any thing he can or shall think sit to publish for that End The Earl tho' he acknowledgeth your Majesties Favor in the Office he enjoys it being a Testimony of your Gracious Acceptance of his long Faithful and Unblemish'd Service Yet for the Duke who hath partaken more deeply of your Royal Bounty and Favor than any other Subject to say no more to go out of his way after he had decipher'd the Earl sufficiently by his Title of Honor and Name of Office to mention his great Place seems to be rather in undervaluing than with intention to allow your Majesties poor Officer what his Predecessors though some of them were of inferior quality to his have enjoyed without Envy or Scorn from the greatest Subjects And I can truly say that I have not paid my Debts incurred in your Majesties Service nor preferred my many Children nor grown Rich by my Service and great Place though my Ancestors and I have received Titles of Honor and Marks of Favor from your Majesty and Predecessors for divers Generations As to the Duke's proposal That your Majesty will be pleased to Appoint a Committee of your Privy-Council to look over the Lord Privy-Seal's Book and to call the said Earl and Duke of Ormond before them and to Report to your Majesty how reparation may be made to all that are injured by the Earl's Mistakes and Errors in his said Book and Letter The Earl saith That the Duke seems to conceive that your Majesty and Council have more Leisure than the Earl dares presume and the Earl hopes the Duke may content himself by your Majesties Favor to Govern one Kingdom under you without involving this in his Concerns or offering to impose his Dictates upon your Majesty and Council of England who have Wisdom to appoint Committees or take other course for business properly before them without the direction of the Parties concern'd which most men in modesty forbear to give And though the Duke seems in great hast to have Mistakes and Errors fixed upon the Earl he on the contrary and though time will shew that all that are will appear to be on the Duke's part presumes not to give your Majesty trouble herein or to pursue the Duke for what is common to mankind And he conceives it an Employment below your Majesty and Council to be set upon an Essay to find matter to justifie what the Duke hath injuriously published against the Earl which course being his first choice he may freely pursue if he please As to the Duke's Objection That the Earl saith the Cessations and Peaces were destructive to the English and Protestants he believes the Duke will not say the Earl was the first that said so by above thirty years for it hath been Printed long ago and the Truth of History and publick acts will evince it must the Earl only be restrained from saying what he thinks and the Duke knows he thought near Forty years ago and endeavor'd to prevent as much as he could and believes he can make good that time was when the Duke was much of the same Opinion It was indeed an unhappiness to conclude Cessations and Peaces that neither the Irish nor English were satisfied with and my unhappiness is not small to be the only English man Reproached for an Opinion they generally had and felt by sad and dismal Effects If the Earl hath dealt more plainly with the Duke than his Nature averse to Contention and who hath had quarrels with none in the whole course of his Life inclines him to he hopes your Majesty will Consider that to be taxed of Untruth and Reflection on his Late Majesties Honor and Justice and branded as a Malitious Calumniator a close concealed and disguised Enemy to your Majesty a designer of Mischief to the Duke and the Government and one who chose the most effectual Conjuncture for those things with pretence only of Candor and impartiality are Provocations unusual and not easily born by Persons of Honor and might the better have been forborn because after all this loud noise and criminal Charge the Duke himself dwindles it into bare Mistakes and Errors which who Lives that is not guilty of and the Earl conceives is a Task very improper to be laid upon your Majesty to Examine especially in Cases of Controversie thereupon between your Majesties Subjects Thus the Earl tho' he had reason first to complain if he could have thought it decent to trouble your Majesty with private disputes after the Duke had Scandalized him in Print for which he prays and hopes Reparation in obedience to your Majesties Order hath represented what he conceived expedient upon this occasion wherewith if the Duke be not satisfied It is desired that he would in due form of Law and by legal and certain Articles charge the said Earl with particulars to which he may Answer by Advice of Council and if he Vindicates not himself let him be exposed to the Censure of this present Age and Posterity and incur your Majesties displeasure less than which cannot be aimed at by the Duke who to satisfie his unjust and causeless Animosity makes use of his Power to alienate from the Earl your Majesties favor good opinion and confidence after above three and twenty years faithful and diligent Service wherein the said Earl hath

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