otherwife good fubjects), entitled that regicide's vile adherents to be legally invested with the estates and properties, of fo many thousands of the innocent and loyal natives; and that too in breach of articles, by which his grace had folemnly engaged to fee these natives restored. But

The chief of thofe executed at Limerick by Ireton's order, were the titular Bishop of Emely, Major General Purcell, Sir Geoffry Baron, Sir Geoffry Gallway, and the mayor of that city. Thefe Ireton caufed to be put to death, in revenge for their noble perfeverance in defending that city, though infected with the plague, for his majesty. "Ireton had sent in articles of furrender, in which he infifted that about seventeen of the principal perfons of the place, who were ftill for holding it out, fhould be excepted (from mercy). But thefe made fo ftrong a party, that the treaty was broke up, without any agreement. But the town being afterwards furrendered (by the treachery of Colonel Fennel), the Bishop of Emely, Major General Purcell, &c. were taken in the Pest-house, where they were hid." Ludlow's Memoirs, vol. i. p. 370, &c. Ireton himself, a few days after he had taken Limerick, caught the infection, and died of it there. Ludlow, from whom the above is cited, was one of the judges of that court-martial, which condemned these gentle

men.

The very words of the 2d article of the furrender of Limerick are, But whereas through the practice of fome perfons, more eminent and active than the reft, the generality of the people (of that city) were partly deluded and deceived, by keeping them in vain expectations of relief from one time to another; and partly overawed and enforced by their power to concur, and contribute thus long to the obftinate holding out of the place: therefore the persons hereafter named, which are Major General Hugo O'Neil the governor, Major General Purcell, Sir Geoffry Gallway, Lieutenant Colonel Lacy, Captain George Wolfe, Captain Lieutenant Sexton, the Bishop of Emely, John Quillan, a Dominican Friar, Capt. Laurence Welsh, a Prieft, Francis Wolfe, a Francifcan Friar, Philip O'Dwyer, a priest, Alderman Dominick Fanning, Alderman Thomas. Stretch, Alderman Jordan Roche, Edward Roche, burgefs, Sir Richard Everard, Dr. Higgen, Maurice Baggot of Baggot'stown, and Jeffery Baron, being as aforefaid the principal appearing in fuch practices in this fiege and the holding out fo long, fhall be exempted from any benefit of this article or any article enfuing; and fuch of them as can be found within the garrifon fhall be rendered up at mercy, upon, the furrender of

the

But leaving this frivolous apology to the contempt it deferves, let us now fee, if we cannot affign more probable caufes of this partiality, from the conftant tenour of his grace's conduct, during the whole time of the preceding war, and for many years after his majesty's restoration.

CHA P. XXVII.

The probable motives of the Duke of Ormond's past and prefent conduct, with respect to the Irifh.

Two grants' were made to the Marquis of Or

mond by the king, foon after the breaking out of the war in 1641; one was the vefting in him all the fecurities and mortgages upon his eftate, formerly made, and belonging to fuch perfons as were, or had been, in the infurrection. The other, was that of the lands held under him, and forfeited to him for breach of conditions. This grant was confirmed by a claufe in the first act of fettlement, and the eftates thus granted contained a prodigious quantity of land, which had been granted to gentlemen upon fee-farm, or quitrents, and military tenures; by which they were obligK 2 ed

Cart. Orm. vol. ii. f. 306.

the city; and any fuch person or perfons as fhall be found to hide or conceal any of the faid excepted perfons, or be privy to their concealment or attempt of efcape, and not discover to the best of their endeavour to prevent the fame, fhall be underftood to have forfeited the benefit of thefe articles to themselves." Borl. Irish Rebel. f. 359-60.

"Colonel Fennel," fays Lord Caftlehaven," having cowardly or treacherously left the defence of the pafs at Killaloe, fled into Limerick with all his party; where, upon the rendition of the town, which happened not long after, Ireton, with more than his ordinary juftice, hanged him." Mem. p. 128.

It is affirmed that he got as many gentlemen's eftates, upon the pretence of a grant of enjoying all lands that he could prove (by witnefles) to have paid him any chiefry, as were worth at leaft 150,000l." Unkind Defert. &c. p. 166.

ed to follow their lord, the head of that family, upon any occafion of hofting, into the field; and upon failure thereof the lands were forfeited to their lord." b

From his grace's early application for these grants, it is evident enough what use he intended to make of them; as alfo what were the true motives of his backwardness to conclude the ceffation in 1643; and . of his frequent difobedience to his majesty's urgent commands to haften the peace of 1646; of his carrying on, at the fame time, a private correfpondence and treaty with the Scotch covenanters in Ulfter, in oppofition to that peace; and of his hindering the Irish to be included in the general act of indemnity, after the restoration, or to be indulged with the neceffary enlargement of time, for proving their innocence in the court of claims. From all this, I fay, it is manifeft that his grace forefaw, that a different conduct in any

of

Moft of the Marquis of Ormond's vaffals and tenants, far from performing this condition of their tenure, had engaged in the rebellion and fought against him in the field. And king Charles I. to prevent any interfering of the claim of the crown and the rights of the lord, and any litigation of the Marquis of Ormond's right to thofe forfeited lands, had, in Auguft 1642, conveyed to him all the right, title and intereft which the crown had, or might have, in any of thofe lands. This was now confirmed by king Charles II. &c." Cart. Orm. vol. ii.

fol. 218.

The fame writer, however, tells us, "that his grace had, in the time of the troubles, to raise money for the supply of the army and fervice of the crown, entered into many judgments, ftatutes, recognizances, mortgages, and other fecurities to Roman catholics, who had forfeited the fame to his majesty. And that all these were first, by a special grant, and afterwards by the act of fettlement, given to his grace as fully as the crown enjoyed the fame; but that his grace fent directions to pay the perfons who had advanced him the money on these fecurities, their full demand in fome cafes, and a just and equal compofition in others." Id. ib. fol. 309. But is it reasonable to believe, that thofe Roman catholics who had freely lent their money to his grace, with a view of enabling him to fubdue the rebels, would afterwards rafhly incur a forfeiture of it by promoting or abetting the rebellion ?

1642. See Cart. Orm. vol. iii.

of these conjunctures, would have precluded him from fome part of that vaft emolument, which he expected from these grants, and which he knew, was in the end to be proportioned to the extent, duration, and heinoufnefs of the infurrection.

"And thus we find his noble friend, the Earl of Anglefey, acknowledging in print, in 1681,* that it was then apparent, that his grace and his family, by the forfeiture and punishment of the Irish, were the greatest gainers of the kingdom, and had added to their inheritance vast scopes of land, and a revenue three times greater than what his paternal estate was

с

before

Let. to the Earl of Castlehaven. Caftlehav. Mem. 1st ed.

d When the Duke of Buckingham was endeavouring to fupplant Ormond in the king's favour, and made overtures to the Earl of Anglesey to join him for that purpose, the "earl rejected these overtures with indignation, and gave Ormond notice of the defigns formed against him." Lel. Hift. of Irel. vol. iii. P.453. See Cart. Orm. vol. ii. fol. 482.

A knowing contemporary writer afferts," that the annual rents of Ormond's eftate before the war, were but seven thoufand pounds fterling (his antient estate being then encumbered with annuities and leafes, which otherwife was worth forty thousand pounds fterling per annum), and at prefent (1674) it is close upon eighty thoufand. Now the first part of his new great revenues, is the king's grant of all thofe lands of his own eftate which were leafed or mortgaged; the reft were grants of other men's estates, and other gifts of his majefty." His gifts and grants are thought to amount to 630,000l. Unkind Deferter,. p. 161-2. See Queries. ib. Appen. p. 168.

The pamphlet containing thefe queries, was published in England foon after the restoration, but feems not to have been anfwered by any of the duke's friends either then or for fome years after. "If his grace (fays a contemporary author in 1676) or any one for him, can answer the faid queries, why is he or they fo long filent? they render his integrity fufpected, they wound his fame and honour. Certainly, if there were any way to answer them, and prove them falfe, Father Walfh would, long before now, have spoken it loudly to the world." Unkind Defert. &c. p. 172.

Nor was this filence of the Duke of Ormond and his friends the effect of contempt or difregard of the fuppofed calumny.

The

before the rebellion; and that most of his increase was out of their eftates who adhered to the peaces of 1646 and 1648, or ferved under his majefty's enfigns abroad." From whence his lordfhip juftly concluded, that his grace could not have been very fincere, in making either of these peaces with the Irish; but that, whatever moved him thereto, whether compaflion, natural affection, or any thing elfe, he was in judgment and confcience against them; and fo," adds he," he has fince appeared, and hath advantage by their laying afide." f

It is, therefore, no wonder that his grace's noble brother-in-law, Lord Mufkerry, when on his deathbed, declared to himself, " that the heavieft fear that poffeffed his foul, then going into eternity, was for his having confided fo much in his grace, who had deceived them all, and ruined his poor country and countrymen.'

99 3

3 Unkind Deferter, &c.

CHAP.

The printer of the pamphlet was profecuted and imprisoned, and two hundred copies feized in his house; and although his poverty and charge of children were very great, yet he would never confefs who fet him to work; fuch a confeffion would have procured him his liberty, but he feemed to flight it, being maintained very well in prifon, where he lay for a long time very contentedly, without making any application, or ufing any means to be bailed or difcharged.' Carte's Orm. vol. ii.

fol. 385.

"My Lord Duke of Ormond," fays the Earl of Effex, lord lieutenant of Ireland in 1674-5, "has received above 300,000l. in this kingdom, befides all his great places and employments; and I am fure the loffes in his private eftate have not been equal to thofe I have fuffered (in the preceding civil war), and yet he is fo happy as no exception is taken to it." State Lett p. 213-14.