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which course being his first choice, he may | which surely the said duke would never do 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 30 years, for it hath been printed long ago, and the truth of history and public acts will evince it, must the earl only be restrained from saying what he thinks, and the duke knows he thought near 40 years ago, and endeavoured 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 Englishman 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 majesty's honour and justice, and branded as a malicious 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 candour and impartiality, are provocations unusual and not the better have been forborn, because after all easily borne by persons of honour, and might this loud noise and criminal charge, the duke bimself 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 controversy thereupon between your majesty's subjects.

(after he had privately quarrelled the earl, and exposed him the worst he could in print, and this affair having taken 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 endeavoured) for the glory and prosperity of your majesty's 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 Majesty's most Honourable Privy-Council. delivered in by his grace the duke of Ormond. Upon reading this day at the board, a Paper His majesty in council was pleased to order, That a copy of the said Paper be sent to the the privy-seal, (which is accordingly hereunto right hon. the earl of Anglesey, lord keeper of the 20th instant, at Hampton court, at 9 in the annexed) who is to return an Answer thereunto, to his majesty in council upon Thursday morning.

PHIL. LOYD.

to the crown of England, p. 27.
I. The cessations and peaces dishonourable

II. Of advantage only to the Irish, ibid.
III. Destructive to the English Protestants,
ibid.

council, were from the beginning averse to IV. That therefore the lords justices and them, p. 60.

Thus the earl thought 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 majesty's order hath represented what he conceived expedient upon this occasion wherewith if the duke be not satis-Protestants, of all qualities and degrees, sooner or later opposed both the cessations and peaces, fied, P. 65.

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 majesty's displeasure, less than which cannot be aimed at by the duke, who to satisfy his unjust and causeless animosity, makes use of his power to alienate from the earl your majesty's favour, good opinion and confidence, after above 23 years faithful and diligent service, wherein the said earl hath almost worn out his strength and life, without conviction of any failure or transgression,

most of the English nobility in Ireland, and the V. That for the same reasons the chief, and generality of the English, Scotch and Irish

earls of Kildare, Thomond, &c. ibid.
VI. That amongst them were found the

VII. And that the two first peaces were against law, and several acts of parliament in both kingdoms, p. 64.

though the Lord Privy Seal who received the The council not sitting the 20th of July, 13th, the particular charges of the duke of swered them the 14th, yet gave not in his anOrmond against him then delivered in, answer till the next council held at Hamptoncourt the 27th of July, which was as follow

eth:

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Saving still the benefit of his former Answer delivered in the 23d of June, and what was then done at council, the said earl further saith:

That it is to be considered that all the said particulars were passages in a private letter to a friend, not designed for public 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 catholic 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 a settled 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.

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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, p. 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 desire nothing but exact truth wherever it light, so if by any inadvertency 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, p. 27, viz. that the cessations and peaces were of advantage only to the Irish, and highly dishonourable 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 foresaw would be destructive to the English and Protestants, the whole passages of the proceedings herein, were pub

VOL, VIII.

lished in 1644, in a book, intitled "The False and Scandalous Remonstrance of the Inhuman and Bloody Rebels of Ireland, together with an Answer thereunto on 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 majesty's 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, p. 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 condi

tions.

If all this do not prove the cessations and peaces dishonourable 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 cessations and peaces, I refer to their many letters, which I have ready to produce, in some whereof the duke of Ormond, then earl, joined, by which they declare the horridness and universality 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 counsellors 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.

3d Charge.-Concerning the Protestants of all degrees sooner or later opposing both the that did so, p. 65. cessations and peaces, and the nobility named

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 ma3 T

terial, and is easily amendable without varying the case.

4th Charge. That the two first peaces were against law, and several acts of parlia ment in both kingdoms, p. 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 popery, but against these particular acts of parliament, viz. 2 Eliz. c. 1, 2, in Ireland and 28 H. 8, c. 13, &c. And in England the statutes of the 17 Car. 1, c. 34, 35, 36, 37, in one of which it is provided, that all pardons granted to any of the rebels 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 chattels.

about a book published, intitled, "His lordships Memoirs," concerning the late wars in Ireland.

The lord privy-seal continuing extreme ill the Lords the said 27th day of July, Aug. 2nd, of the gout, and finding himself prejudged by sent it inclosed to the lord president to be prewrote the following Letter to his majesty, and sented, which was done accordingly.

"May it please your majesty;

Having received your majesty's order in council of the 27th of July, to produce the 3rd of August next, at Hampton-court, to your majesty in council, the vouchers mentioned by me in my answer to the paper delivered, in the 14th 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 ma jesty's judgment of a clause, in the 32nd page of my Letter to the earl of Castlehaven, which Ormond's said Paper; A resolve passed by the was not so much as mentioned in the duke of council on that Letter, to this effect; Thet was a scandalous libel against your majesty's royal father, against your majesty, and against the

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-Seal's Letter to the earl of Castlehaven (viz.) That it was a scandalous libel against his late majesty, against his now majesty, and against the government: but no particular clauses were mentioned to ground such judgment is grounded, your majesty may government, but I find no clauses, wherem that censure upon, and when the parties were called in again, the lord chancellor only told ble this came to my knowledge, I should with imagine with what amazement, as well as trosthe Lord Privy-Seal, that the king conceived less concern have seen a dagger at my old faith him faulty in the clause, p. 32. of the said Let-ful heart, than to have received the wound ter 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 August 3d, when he was to produce the vouchers mentioned in his answer, as appears, by the order following.

At the count at Hampton-court, this 27th day of July, 1682.

By the King's Most Excellent Majesty, and the Lords of his Majesty's most Honourable Privy-Council.

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It was this day ordered by his majesty in council, that the right honourable the earl of Anglesey, lord privy-seal, do on Thursday next, being the 3rd 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.

have from your royal hand, after 23 years faithful and diligent service under great trusts

"I do not know, by what right or authe laws in their jurisdiction, take upon them the rity the council table, who are limited by the trial of a peer for pretended libelling, though I shall be glad to see their zeal against real fibelling, which is the dangerous and countenanced sin of the age.

"I am supported at present under my mis fortune in this, that your majesty, who hath so often declared to your people, that you wil govern according to law, will not deny you old servant a fair and legal trial, in some one of your courts of justice, upon the points, where the duke of Ormond hath accused me, befor 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 jur legally impannelled and untampered with which is the right of every subject, be repesented to your majesty in this affair, unde a character more suitable to that unblemished reputation and honour, with which, I am It was this day ordered by his majesty in rived at old age. But if the duke of Or council, that the right hon. the earl of Castle-upon his prosecution of me, before those judges haven do attend this board on Thursday who have power to hear and determine, sha the 3rd of August next at nine in the morning by supplying his defect of proof in coure? at the council chamber at Hampton court, convict me for a libeller, in any one point of be

PHI. LOYD.

charge, I shall not only deserve your majesty's censure, but the utmost severity of the law in my punishment, which may gratify the ambition of some who promote, and wait for my supplanting.

your service without reproach, so I hope still to stand justified to all the world, what I resolve whilst I live to be, your Majesty's most obedient and most faithful devoted subject and servant, ANGLESEY." London, Aug. 2d, 1682.

The only passage that I yet know of, which your majesty seems to take offence' at, being that in page the 32nd, of the Irish com- The said Letter was read at council August mittees, being in at the intrigue of the popish 3rd, but nothing appears entered to be done faction at court, &c. since it was suddenly and thereupon, but the earl of Castlehaven was callunexpectedly urged against me at council, noted in several times and questioned, about his being one of the particulars, I was ordered to answer that day, I could then only answer what occurred to me on that surprise, without so much as my reading the clause, viz. that first, negatively, by those words was not meant his late majesty or his council, but the popish faction then haunting the court, like locusts against the laws, which prohibit their approach to it, and as many as will be owned then papists at court, and were capable of intriguing, I do not scruple to say, I intended them, and such there were of my knowledge at that time, who may be justly suspected, to have laid the design of all the calamities of this kingdom and Ireland that ensued.

printed Memoirs answered by the earl of Anglesey lord privy seal, which he acknowledged to be his, and in conclusion his book was by his majesty and council, judged to be a scandalous libel against the government,but no further proceeding was had against his lordship.

"And as long as any such shall dare to come to court, and by their faction spread libels to the scandal of all legal proceedings, and the exasperating your people daily in affront, of the wise provision the laws of the land have made against them, neither your majesty nor your kingdoms can be safe, but the seeds of sedition will grow up to confusion.

"And for your majesty's further satisfaction, of my harmless intention in that expression, now I have perused it at leisure, I find that in that clause, I assert nothing positively, but when with disjunctive particles I had mentioned divers particulars, which were in that juncture the jealousy and discourse of times, and even the boast of the Irish themselves.

"I conclude, that I would not take upon me to determine any thing, but that soon after the said committees return for Ireland brake out that execrable and unparalleled rebellion of the papists.

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By this time your majesty and the council will, I hope, see cause to think, that a summons for me to produce vouchers after they have given so terrible a judgment against me comes too late, and that if I were in a condition to attend at the day appointed, it would be no contempt to decline making of further defence before the lords, who have prejudged me, and condemned me as guilty, before the hearing of the cause be concluded, which I hope no other court will do, and was never that I know done by them till now in my case, nor do I hear, that the duke of Ormond is censured for the scandalous pamphlet, which he owned at council, to have published against me, whereof I complained: I must therefore hope, that what I have delivered in council already, will be better and more impartially considered, without my giving your majesty further trouble therein.

"And as I have spent the best of my days in

But August the 9th, 1682, the following warrant of the king, was brought by Sir Lionel Jenkins secretary of state, to the Lord PrivySeal in the evening, being then at his lordship's house in Drury-lane.

To our Right Trusty, and Right well beloved
Cousin and Counsellor, Arthur Earl of
Anglesey, Keeper of our Privy Seal.

Our will and pleasure is, that immediately upon sight hereof you deliver up our privy seal, appointed by our letters patents, to remain hands of our right trusty, and well beloved during our pleasure in your custody, into the counsellor sir Lionel Jenkins, knight, our principal secretary of state, and for so doing, this Windsor the 8th day of August, 1682, in the shall be your warrant. Given at our court at 34th year of our reign. By his majesty's command,

CONWAY.

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ANGLESEY-HOUSE, Aug. 9, 1682.

ing date yesterday, being the 8th day of this In pursuance of his majesty's Warrant bearpresent month of August, which warrant was in these words, viz.

C. R. Our will and pleasure is, that imme.

diately upon sight hereof you deliver up our to remain during our pleasure in your custody, privy-seal, appointed by our letters patents, into the hands of our right trusty and well beloved counsellor, Sir Leoline Jenkins, knight our principal secretary of state, and for so doing this shall be your warrant. Given at our court at 34th year of our reign, By his majesty's comWindsor the 8th day of August, 1682. In the CONWAY,

mand.

To our right trusty and right well beloved

cousin and counsellor Arthur earl of Anglesey, Keeper of our Privy-Seal.

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be done, when it is done by writing, or answering of books, pro and con, of which there will never be an end. But how is it to be done then? I answer, viderent illi qui ad clavum sedent,' let them look to it, who sit at the helm. I ant ready to obey, whatsoever I shall be commanded to that purpose, as far as my conscience will permit, and I thank God I have done so both formerly, and in my late visitation of my whole diocess, which perhaps you may have heard of, little to my credit if the pseudo-catholics have informed you of it, but I care not

do, or can say of me; as long as I do that and no more than what my duty to God and the king, and the place I hold in the church requires of me.†

FINIS. Now to shew, that Dr. Morley the learned bishop of Winchester, is of the same opinion with the earl of Anglesey, for the keep ing out of popery, now it seems to be flow-what they or any other heretics, or schismatics ing in upon us, it hath been thought fit, to fill up this last sheet with the following letter of the said bishop, written to the said earl above ten years ago, when the papists warmly set upon their design to introduce popery, and many years before their desperate plot since discovered (for which so many have suffered by the hand of justice) was ripe for execution.

Which Letter was received by the said earl from the said bishop, July the 9th, 1672, by the hands of the lord Cornbury, now earl of Clarendon.

"You know what I was for in the late sessions of parliament, (I mean not a comprehension,) but a coalition or incorporation of the presbyterian party, into the church as it is by law established, and I am still of the same opinion, hinder the growth of popery, and to secure both that it is the one only effectual expedient, to parties, and I am very confident, that there are no presbyterians in the world (the Scotch only excepted) that would not conform to all that is required by our church, especially in such a

Sir John Dalrymple (First Appendix to Memoirs of Great Britain and Ireland, 289), informs us, that, lord Dartmouth's manuscript notes on Burnet, contain the following passage:

"My Lord; Yours by my lord of Cornbury, I received this morning from his own hands, and this is to return you my humble thanks, for the favourable opinion of me you are pleased to express in it, which as to the zeal I have for the Protestant religion, I hope I may without vanity own to be true, but must acknowledge I want these abilities to defend it, which you seem to think I have, but thanks be to God, "P. 590, Not long before his (bishop Morour church wants not those that have, and canley's) death (for he then kept his chamber) my and will answer all that hath been, or is, or father carried me with him to Farırham Castle. can be objected against her, or any of the doc- I was not above 12 years old, but remember the trines, which in opposition to the church of bishop talked much of the duke, and concluded Rome are professed by her; neither do I know with desiring my father to tell him from him that any one book or any one argument, (worth the if he depended upon non-resistance he would taking notice of) written or urged by any Ro- find himself deceived, for there were very few manist, for them or against us, in any material of that opinion, though there were not many of point of difference betwixt us, that hath not the Church of England that thought proper to been clearly and fully answered over and over contradict it in terms, but was very sure they again, by some or other of our own church of would in practice. My father told ine he had England, to say nothing of those eminently frequently put king James in mind of Morley's learned and pious divines of the other reformed last message to him, though to very little purprotestant churches beyond the seas; so that pose: for all the answer was, that the bishop to answer every impertinent pamphlet that was a very good man, but grown old and timecomes forth, which hath nothing but what hath rous.' been so often answered before in it, is but actum agere et stultes labor ineptiarum,' and therefore the wise man that bids us, forbids us too; to answer a fool in his folly, his meaning is, that after we have answered him once, we should answer him no more, especially such kind of fools, quos non persuadebis etiamsi persuaseris.' and such are all those who contend for interest and not for truth: Demetrius will hold his conclusion, that Diana is a goddess, as long as he hath nothing to live by, but the making of shrines, but is there then nothing to be done will you say to keep out popery, now it seems to be flowing in upon us? yes no doubt there is, and I hope there will be, when his majesty shall see a convenient time for it, but it will not

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+ Bishop Morley was at this time 74 years of age, and he lived 12 years afterwards. He had attended the excellent lord Capel to his execution, (See vol. 4, p. 1236, of this Collection ;) and he had been one of the Commissioners at the Savoy Conference, (See vol. 6, p. 1.) What bishop Burnet in his account of that transaction says of him may be seen in vol. 6, p. 61, 62, in addition to which, when he mentions Morley's death, he says, "he was in many respects a very eminent man, zealous against popery, and yet a great enemy to the dissenters: he was considerably learned, and had a great vivacity of thought, but he was too soon provoked, and too little master of himself upon those occasions." 1 Hist. of Own Times, 590.

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