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his excellency," that if the confederates' commissioners should then depart in that unsettled condition, he was confident it would not be in the power of any, the best affected, to prevent a sudden and irrecoverable breach. And freely," adds his lordship, "to declare my own opinion, if these commissioners have so moderated their propositions as is reported, that they will insist on no material demand but that, without which neither them. selves nor any of that religion can securely enjoy the liberty of conscience, or live either with honor or safety; to break upon such a point, may prove much to the disservice of his majes ty."

As a further incitement to the conclusion of this peace, lord Digby had informed his excellency, in February, 1644,2" that the Scottish commissioners at London, having gained a tyranny over the English, were the only hinderers of peace, and most fierce in the point of Ireland, as," adds he, " they had reason; for in this treaty a clear discovery is made, that Ireland is wholly given up to them, by the close committee of state."*

His majesty, in a letter to the marquis of Ormond of the 18th of the same month, thus emphatically expresses himself, on the subject of this treaty.3 "A peace with the Irish is most ne

x Carte's Orm. vol. iii. fol. 351. 2 Id. ib. fol. 384. 3 Id. ib. vol. iii. * And the king himself, in a letter to the marquis of Ormond, February 17th, 1644, after mentioning many reasons to shew the necessity of this peace, adds, "besides its being now manifest that the English rebels have, as far as in them lies, given the command of Ireland to the Scots; that their aim is at a total subversion of religion and regal power, and that nothing Jess will content them or purchase a peace here. I think myself bound in conscience not to let slip the means of settling that kingdom (Ireland) if it may be fully under my obedience: nor to lose that assistance which I may hope from my Irish subjects. For their satisfaction, I do therefore command you to conclude a peace with the Irish, whatever it cost, &c."-Reliq. Sacræ Carolin. p. 245.

The king in a former letter to Ormond, on the 9th of February, 1644, thus reasons with him on the necessity of concluding this peace with the confederates; he tells him, “ that the rebels in England had agreed to treat with him; and that most assuredly one of the first and chiefest articles they would insist on, would be to continue the Irish war, which is a point (says his majesty) not popular for me to break on; and that the timely conclusion of the peace with the confederates, would take off that inconvenience which otherwise he might be subject to by the refusal of that article on any other reason."-Carte's Orm, vol. iii.

cessary to my affairs in England; wherefore I command you to dispatch it out of hand. And I do hereby promise them, and command you to see it done, that the penal laws against the Roman catholics shall not be put in execution, the peace being made, and they remaining in their due obedience. And further, when the Irish give me that assistance which they have promised, for the suppression of this rebellion, and I shall be restored to my rights, I will consent to the repeal of them by a law."

In short so impatiently did the king desire and urge the con clusion of this peace with the confederates upon the terms before-mentioned, that he dispatched another letter to the marquis of Ormond, on the 27th of the same month of February, wherein we find these remarkable words.+ "I do therefore command you to conclude a peace with the Irish, whatever it cost. And though I leave the management of this great and necessary work entirely to you, yet I cannot but tell you, that if the suspension of Poining's act for such bills as shall be agreed on between you there, and the present taking away the penal sta tutes against the papists by a law, will do it, I shall not think it a hard bargain, so that freely and vigorously they engage themselves in my assistance against my rebels in England and Scotland; for which no conditions can be too hard, not being against conscience."

Yet, notwithstanding these enlarged powers and repeated commands, to gratify the confederates in a matter so reasonable in itself, and in its consequences, so essential to his majesty's service, the marquis at his next meeting with their commissioners, in April, 1645, thought fit to dismiss them, not only discontented, but altogether hopeless in that respect. For besides his persisting in the refusal of these conditions, and denying that he had received any such instructions as are contained in his

4 Id. ib. vol. iii,

* "One thing (says Ormond in a letter to lord Digby) I shall beseech you to be careful of, which is to take order, that the commands that shall be dir rected to me touching these people (the confederate catholics) if any be, thwart not the grounds I have laid to myself in point of religion; for in that and in that only, I shall resort to the liberty left to a subject to obey by suffering."-Cart. Orm. vol. iii. fol. 534.

"Ormond concealed the additional powers he had received for consent.

majesty's letter of the 27th of February now mentioned (of which instructions, however, lord Taaffe, Mr. Burke, and Mr. Brent, who had lately seen the king, had given them intelligence) he was hardy enough even to tell his majesty in his answer to that letter," that he treated these commissioners in such a man

ner, and gave them such answers, as might let them conjecture that he had directions to the contrary.*

CHAP. XV.

The earl of Clanrickard expostulates with Ormond upon his last answer to the confederates' commissioners.

BUT his excellency being now conscious, that heha d raised some ill humors in the general assembly at Kilkenny, by his late answers to the commissioners in Dublin, prevailed on the earl of Clanrickard to make a journey thither in order to appease them. That nobleman was a Roman catholic, and therefore, supposed to have some influence on the members who composed that assembly. In his letter from Kilkenny, May 26th, 1645, he told the marquis of Ormond,'" that the answers he was pleased to give in Dublin to the propositions of the confederates' commissioners, had been reported to the assembly, and as he was informed, very favorably represented, and all entertained with appearance of good satisfaction; but that the part which concerned religion, being reserved for the last, was very sadly received. And indeed my lord,” adds

5 Carte's Orm. vol. iii. fol. 430. 6 Id. ib. 1 Id. ib. vol. iii. ing to the abrogation of the penal statutes. He treated on the terms for merly proposed.”—Lel. vol. iii. p. 246.

The reason assigned by him for this proceeding, is pretty extraordinary, and seems to have added the sin of ingratitude to that of disobedience. "If I had done this, (say he, in the same letter) the treaty would have been immediately broken, and the greatest part of our subsistence, (which is from their quarters by traffic and by connivance at the shifts I make) would have been taken from us; which might have produced so great and sudden inconvenience, as would have denied me the short time now left me most humbly to beg, and receive his majesty's commands."-Carte's Orm. vol. iii,

he," the truth is, I find little probability of persuading a settlement of peace, if the penal laws, for so much as lays a pe nalty or incapacity upon them for the exercise of their consciences, be not repealed; and I must freely acknowledge, I do not apprehend where lies the difficulty of that work, or why men of judgment of the king's party in either kingdom, that desire or expect assistance from them, should be offended at it; and this I am very probably assured of, that if the repeal of these laws was now granted, a peace might be suddenly concluded, with the ready and sincere affections of the best of the whole nation, to hazard the uttermost of their lives and fortunes in his majesty's service."*

But to all such representations, counsels or commands, from whatever quarter they came, his excellency's constant answer was, "that the Irish privy-council would never agree to such concessions; and that it would be very dangerous, if possible, to make a peace without, or against the advice of that council; that the English and protestants in Ireland would certainly disobey it, if the council disallowed it; that he found by ex. perience, that further than they saw his majesty's directions for it, they would not consent to any thing of favor to the Irish; and in short, that some of them were negative in things reasonable, and consented to by the king in England."† But

2 Cart, Orm. vol. iii. fol. 430,

"I am made to believe (says Ormond himself on this occasion) if they (the confederates) were secured against the penalties, and freed from the incapacities they are liable to, by reason of the penal statutes, no consi❤ derable party of them would oppose a peace for any of the other propositions; but without such security and freedom by act of parliament, it is professed by the most moderate of them that they will undergo any hazard, &c."-Lett. to lord Digby, Cart. Orm, vol. iii. fol. 428.

"Upon the whole matter (adds he) my opinion is, and in all duty, humility, and plainness, I offer it to your majesty's high wisdom, that in this particular (repeal of the penal laws) of all others, your majesty will not have the concurrence of the council, farther than by open and express command, they are made acquainted with your pleasure, if even then they may be persuaded to it." Cart. Orm. vol. iii. fol. 430.-And elsewhere Ormond owned," that his majesty's commands came again to be disputed at the council-board, and that there wanted not several at that board, noted both for affections and expressions tending to lessen his majesty's au thority."-Id. ib.

how frivolous and inexcusable must this apology appear, when it is considered, that so long before as "December,3 1644, his majesty had sent him a power to sequester from the council-board, such members of it, as he did not approve of.” And certainly, if his excellency ever made use of that power, it was only by what now appears, in an exchange of bad counsellors for worse.

But in order to remove this, and all other pretended obstacles to the conclusion of the peace, the king in a letter of October 22d, 1645, told his excellency," that if he could procure the concurrence of the council, it would be so much the better; but that the Irish peace was of such absolute necessity, that no compliments or particular respects whatever must hinder it. Wherefore," adds his majesty, "I absolutely command you, and without reply, to execute the directions I sent you the 27th of February last; giving you leave to get the approbation of the council so as, and no otherwise, that by seeking it you do not hazard the peace, or so much as an affront, by their foolish refusal to concur with you." But even this last peremptory command of his majesty proved equally ineffectual with all the former.†

3 Cart. Orm. vol. i. fol. 522.

Id. ib. vol. iii. fol. 431.

• "A power was at that time sent him, not only to sequester from the council-board disaffected persons, but also to remove and change the governors of counties, cities, castles, and forts, at his pleasure."-Carte, ib.

The general opinion of the Irish was," that his excellency would not conclude, before the year 1646, any peace with the confederates, though he had positive and pressing commands from the king to do it, but for three or four years delayed it, by unprofitable and suspicious cessations, in which time the king was subdued and imprisoned; that he might afterwards pretend and plead that service (at least a neutrality) to the parlia ment, when they came to be masters of all: by these means the common sort of the Irish conceived such hatred against him (who was very popular before that time) that it could never be rooted out of their hearts, nor put out of their heads, but that he hated the royal family and his country; this made his most loyal actions, if not successful, be looked upon as so many plots to ruin the king, and the only subjects then capable of helping him, the Irish: from hence proceeded the towns refusing to receive his garrisons; from hence the divisions and differences of the people and clergy; from hence the factions of Ormond and O'Nial, of old and new Irish; from hence the censures, and declaration of the bishops at Jamestown against his grace; from hence all other disorders; of which (adds my author)

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