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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