The History of England from the First Invasion by the Romans to the Accession of King George the Fifth Part 61

NOTE D, p. 276.

_The Ma.s.sacres at Drogheda and Wexford_.

I. Drogheda was taken by storm on the 11th of September, 1649. Cromwell, on his return to Dublin, despatched two official accounts of his success, one to Bradshaw, president of the council of state; a second to Lenthall, the speaker of parliament. They were dated on the 16th and 17th of September; which probably ought to have been the 17th and 18th, for he repeatedly makes such mistakes in numbering the days of that month. These two doc.u.ments on several accounts deserve the attention of the reader.

I. Both mention a ma.s.sacre, but with this difference, that whereas the earlier seems to confine it to the men in arms against the commonwealth, the second towards the end notices, incidentally as it were, the additional slaughter of a thousand of the townspeople in the church of St. Peter. In the first, Cromwell, as if he doubted how the shedding of so much blood would be taken, appears to s.h.i.+ft the origin of the ma.s.sacre from himself to the soldiery, who considered the refusal of quarter as a matter of course, after the summons which had been sent into the town on the preceding day; but in the next despatch he a.s.sumes a bolder tone, and takes upon himself all the blame or merit of the proceeding. "Our men were ordered _by me_ to put them all to the sword."--"I forbade them to spare any that were in arms." In the first, to reconcile the council to the slaughter, he p.r.o.nounces it a "marvellous great mercy;" for the enemy had lost by it their best officers and prime soldiers: in the next he openly betrays his own misgivings, acknowledging that "such actions cannot but work remorse and regret without sufficient grounds," and alleging as sufficient grounds in the present case--1. that it was a righteous judgment of G.o.d on barbarous wretches who had imbued their hands in so much innocent blood; and 2. that it would tend to prevent the effusion of blood for the future.

2. Now the insinuation conveyed in the first of these reasons, that the major part of the garrison had been engaged in the outbreak of the rebellion and its accompanying horrors, was in all probability a falsehood; for the major part of the garrison was not composed of native soldiers, but of Englishmen serving under the marquess of Ormond, the king's lord lieutenant. This is plain from the evidence of persons who cannot be supposed ignorant of the fact; the evidence of the royalist Clarendon (History, vol. iii. part i. p. 323), and of the republican Ludlow, who soon afterwards was made general of the horse, and became Cromwell's deputy in the government of the island (Ludlow, Memoirs, i. 301). But, however groundless the insinuation might be, it served Cromwell's purpose; it would array in his favour the fanaticism of the more G.o.dly of his party.

For the ma.s.sacre of the townspeople in the church he offers a similar apology, equally calculated to interest the feelings of the saints. "They had had the insolence on the last Lord's day to thrust out the Protestants, and to have the ma.s.s said there." Now this remark plainly includes a paralogism. The persons who had ordered the ma.s.s to be said there on the 9th of September were undoubtedly the civil or military authorities in the town. Theirs was the guilt, if guilt it were, and theirs should have been the punishment. Yet his argument supposes that the unarmed individuals whose blood was shed there on the 12th, were the very persons who had set up the ma.s.s on the 9th.

3. We know not how far this second ma.s.sacre was originated or encouraged by Cromwell. It is well known that in the sack of towns it is not always in the power of the commander to restrain the fury of the a.s.sailants, who abuse the license of victory to gratify the most brutal of their pa.s.sions.

But here we have no reason to suppose that Cromwell made any effort to save the lives of the unarmed and the innocent. Both the commander and his men had a common religious duty to perform. They were come, in his own language, "to ask an account of the innocent blood which had been shed,"--to "do execution on the enemies of G.o.d's cause." Hence, in the case of a resisting city, they included the old man, the female, and the child in the same category with the armed combatant, and consigned all to the same fate.

4. Of the proceedings of the victors during that night we are ignorant; but it does not suggest a very favourable notion of their forbearance, that in the following morning the great church of St. Peter's was filled with crowds of townspeople of both s.e.xes, and of every age and condition. The majority of the women and children sought protection within the body of the church; a select party of females, belonging to the first families in the town, procured access to the crypts under the choir, which seemed to offer more favourable chances of concealment and safety. But the sacred edifice afforded no asylum to either. The carnage began within the church at an early hour; and, when it was completed, the bloodhounds tracked their prey into the vaults beneath the pavement. Among the men who thus descended into these subterranean recesses, was Thomas Wood, at that time a subaltern, afterwards a captain in Ingoldsby's regiment. He found there, according to his own narrative, "the flower and choicest of the women and ladies belonging to the town, amongst whom a most handsome virgin, arrayed in costly and gorgeous apparel, kneeled down to him with tears and prayers to save her life; and being strucken with a profound pitie, he took her under his arme, and went with her out of the church with intentions to put her over the works to s.h.i.+ft for herself; but a soldier perceiving his intention, he ran his sword up her belly or fundament. Whereupon Mr. Wood, seeing her gasping, took away her money, jewels, &c., and flung her down over the works." (See the Life of Anthony a Wood, p. xx., in the edition by Bliss, of 1813. Thomas was the brother of Anthony, the Oxford historian.) "He told them also that 3,000 at least, besides some women and children, were, after the a.s.sailants had _taken part, and afterwards all the towne_, put to the sword on the 11th and 12th of September, 1649. He told them that when they were to make their way up to the lofts and galleries of the church, and up to the tower, where the enemy had fled, each of the a.s.sailants would take up a child, and use as a buckler of defence, when they ascended the steps, to keep themselves from being shot or brained."--Wood, ibid. These anecdotes, from the mouth of one who was an eyewitness of, probably a partic.i.p.ator in, the horrors of that day, will enable the reader to form an adequate notion of the thirst for blood which stimulated the soldiery, and of the cruelties which they exercised on their defenceless victims.

5. The terms of indignation, and abhorrence in which the sack of Drogheda was described by the royalists of that period are well known. I shall add here another testimony; not that it affords more important information, but because I am not aware that it has ever met the eye of more recent historians; the testimony of Bruodin, an Irish friar, of great eminence and authority in the Franciscan order. "Quinque diebus continuis haec laniena (qua, nullo habito locorum, s.e.xus, religionis aut aetatis discrimine, juvenes et virgines lactantes aeque ac senio confecti barbarorum gladiis ubique trucidati sunt) duravit. Quatuor milia Catholicorum virorum (ut de infinita mult.i.tudine religiosorum, foeminarum, puerorum, puellarum et infantium nihil dicam) in civitate gladius impiorum rebellium illa expugnatione devoravit."--Propugnaculum Cathol. Veritatis, lib. iv. c. 14, p. 678.

6. Here another question occurs. How did Cromwell obtain possession of Drogheda? for there appears in his despatches a studied evasion of the particulars necessary to give a clear view of the transaction. The narrative is so confused that it provokes a suspicion of cunning and concealment on the part of the writer. The royalists affirmed that the place was won through promises of quarter which were afterwards perfidiously violated, and their a.s.sertion is supported by the testimony of Ormond in an official letter written from the neighbourhood to Lord Byron.

"Cromwell," he says, "having been twice beaten from the breach, carried it the third time, all his officers and soldiers promising quarter to such as would lay down their arms, and performing it as long as any place held out, which encouraged others to yield; but when they had all once in their power, and feared no hurt that could be done them, then the word no quarter went round, and the soldiers were, many of them, forced against their wills to kill their prisoners. The governor and all his officers were killed in cold blood, except some few of least consideration that escaped by miracle."--Sept. 29, Carte's Letters, ii. 412. It is possible, though not very probable, that Ormond suffered himself to be misled by false information. It should, however, be observed, that there is nothing in his account positively contradicted by Cromwell's despatch. Cromwell had, not forbidden the granting of quarter before the storm. It was afterwards, "in the heat of the action," that he issued this order. But at what part of the action? On what account? What had happened to provoke him to issue it?

He tells us that within the breach the garrison had thrown up three entrenchments; two of which were soon carried, but the third, that on the Mill-Mount, was exceedingly strong, having a good graft, and strongly palisaded. For additional particulars we must have recourse to other authority, from which we learn that within this work was posted a body of picked soldiers with every thing requisite for a vigorous defence, so that it could not have been taken by force without the loss of some hundreds of men on the part of the a.s.sailants. It so happened, however, that the latter entered it without opposition, and "Colonel Axtell, with some twelve of his men, went up to the top of the mount, and demanded of the governor the surrender of it, who was very stubborn, speaking very big words, but at length was persuaded to go into the windmill at the top of the mount, and as many more of the chiefest of them as it could contain, _where they were disarmed, and afterwards all slain_."--Perfect Diurnal from Oct. 1 to Oct.

8. Now Cromwell in his despatch says "The governor, Sir Arthur Ashton, and divers considerable officers, being there (on the Mill-Mount), our men, getting up to them, were ordered by me to put them all to the sword." In my opinion this pa.s.sage affords a strong corroboration of the charge made by Ormond. If the reader compare it with the pa.s.sage already quoted from the Diurnal, he will find it difficult to suppress a suspicion that Axtell and his men had obtained a footing on the Mill-Mount through the offer of quarter; and that this was the reason why Cromwell, when he knew that they had obtained possession, issued an order forbidding the granting of quarter on any account. The consequence was, that the governor and his officers went into the mill, and were there disarmed, and afterwards all slain. The other prisoners were treated in the same manner as their officers.

7. Ormond adds, in the same letter, that the sack of the town lasted during five days, meaning, probably, from September 11 to September 15, or 16, inclusively. The same is a.s.serted by most of the royalists. But how could that be, when the storm began on the 11th, and the army marched from Drogheda on the 15th? The question may perhaps be solved by a circ.u.mstance accidentally mentioned by Dr. Bates, that on the departure of the army, several individuals who had hitherto succeeded in concealing themselves, crept out of their hiding-places, but did not elude the vigilance of the garrison, by whom they were put to the sword.--Bates's Rise and Progress, part ii. p. 27.

II. 1. It did not require many days to transmit intelligence from Dublin to the government; for the admiralty had contracted with a Captain Rich, that for the monthly sum of twenty-two pounds he should constantly have two swift-sailing vessels, stationed, one at Holyhead, the other at Dublin, ready to put to sea on the arrival of despatches for the service of the state.--Lords' Journ. ix. 617. From an accidental entry in Whitelock, it would appear that the letters from Cromwell reached London on the 27th of September; on the 28th, parliament, without any cause a.s.signed in the Journals, was adjourned to October 2nd, and on that day the official account of the ma.s.sacre at Drogheda was made public. At the same time an order was obtained from the parliament, that "a letter should be written to the lord lieutenant of Ireland, to be communicated to the officers there, that the house doth approve of the execution done at Drogheda both as an act of justice to them and mercy to others, who may be warned by it"

(Journals, vi. 301), which are the very reasons alleged by Cromwell in his despatch. His conduct was now sanctioned by the highest authority; and from that moment the saints in the army rejoiced to indulge the yearnings of their zeal for the cause of G.o.d, by shedding the blood of the Irish enemy.

Nor had they long to wait for the opportunity. On the 1st of October he arrived in the neighbourhood of Wexford; on the 9th he opened a cannonade on the castle, which completely commanded the town. On the 11th, Synnot, the military governor, offered to capitulate; four commissioners, one of whom was Stafford, the captain of the castle, waited on Cromwell to arrange the terms. He was dissatisfied with their demands, p.r.o.nounced them "abominable," and detained them till he had prepared his answer. By that answer he granted life and liberty to the soldiers; life, but not liberty, to the commissioned officers, and freedom from pillage to the inhabitants, subject, however, to the decision of parliament with respect to their real property. He required an immediate acceptance of these terms, and the delivery to him of six hostages within an hour.--(Compare the letter of October 16 in the King's Pamphlets, No. 442, with the doc.u.ment published by Mr. Carlyle, ii. 79, which appears to me nothing more than a rough and incorrect draft of an intended answer.) But Stafford was a traitor. In the interval, being "fairly treated," he accepted, without communication with the governor, the terms granted by Cromwell, and opened the gates of the fortress to the enemy. From the castle they scaled an undefended wall in the vicinity, and poured into the town. A paper containing the terms was now delivered to the other three commissioners; but "their commissioners this while not having hearts to put themselves into the town again with out offer."--Ibid. Letter of October 16. Thus Synnot and the other authorities remained in ignorance of Cromwell's decision.

2. At the first alarm the garrison and burghers a.s.sembled in the market-place, to which they were accompanied or followed by crowds of old men, women, and children. For a while the progress of the enemy was r.e.t.a.r.ded by barricades of cables. At the entrance of the market-place they met with a "stiff resistance," as it is called by Cromwell. The action lasted about an hour; but the a.s.sailants receiving continual reinforcements, obtained at last fell possession of the place, and put to the sword every human being found upon it. The governor and the mayor perished with the rest.

3. But how could these b.l.o.o.d.y proceedings be reconciled with the terms of capitulation which had been already granted? If we may believe Cromwell's official account, a matchless specimen of craft and mystification, _he_ was not to blame that they had been broken. He was perfectly innocent of all that had happened. Could he not then have ordered his men to keep within the castle, or have recalled them when they forced an entrance into the town? Undoubtedly he might; but the pious man was unwilling to put himself in opposition to G.o.d. "His study had been to preserve the place from plunder, that it might be of more use to the commonwealth and the army."

But he saw "that G.o.d would not have have it so." The events which so quickly followed each other, were to him a proof that G.o.d in his righteous judgment had doomed the town and its defendants to destruction; on which account he "thought it not good, nor just, to restrain off the soldiers from their right of pillage, nor from doing of execution on the enemy."--Letter of 16th of October. He concludes his despatch to the government with these words:--"Thus it has pleased G.o.d to give into your hands this other mercy, for which, as for all, we pray G.o.d may have all the glory. Indeed, your instruments are poor and weak. and can do nothing but through believing, and that is the gift of G.o.d also."--Cary's Memorials, ii. 180. Did then the fanatic believe that perfidy and cruelty were gifts of G.o.d? for at Wexford he could not plead, as at Drogheda, that his summons had been contemptuously rejected. It had been accepted, and he had himself dictated the terms of capitulation. Was he not obliged to carry them into execution, even if, as was pretended in defiance of all probability, his men had taken possession of the castle, and forced an entrance into the town without his knowledge or connivance? Would any honest man have released himself from such obligation under the flimsy pretext that it would be acting against the will of G.o.d to recall the soldiers and prevent them from doing execution on the enemy?

4. Cromwell's ministers of the divine will performed their part at Wexford, as they had done at Drogheda, doing execution, not on the armed combatants only, but on the women and children also. Of these helpless victims many had congregated round the great cross. It was a natural consequence in such an emergency. Hitherto they had been accustomed to kneel at the foot of that cross in prayer, now, with life itself at stake, they would instinctively press towards it to escape from the swords of the enemy. But, as far an regards the atrocity of the thing, it makes little difference on what particular spot they were murdered. You cannot relieve the memory of Cromwell from the odium of such murder, but by proving, what it is impossible to prove, that at Wexford the women and children were specially excepted out of the general ma.s.sacre.

5. I have already copied Bruodin's description of the sack of Drogheda; here I may transcribe his account of the sack of Wexford. "Ipse strategus regicidarum terrestri itinere Dublinium praetergressus, Wexfordiam (modicam quidem, et maritimam, munitam et opulentam civitatem) versus castra movet, occupatoque insperate, proditione cujusdam perfidi ducis castro, quod moenibus imminebat, in civitatem irruit: opposuere se viriliter aggressori praesidiarii simul c.u.m civibus, pugnatumque est ardentissime per unius horae spatium inter partes in foro, sed impari congressu, nam cives fere omnes una c.u.m militibus, sine status, s.e.xus, aut aetatis discrimine, Cromweli gladius absumpsit."--Bruodin, Propag. 1. iv. c. 14, p. 679. The following is a more valuable doc.u.ment, from the "humble pet.i.tion of the ancient natives of the town of Wexford," to Charles II., July 4, 1660. "Yet soe it is, may it please your Majestie, that after all the resistance they could make, the said usurper, having a great armie by sea and land before the said toune, did on the 9th of October, 1649, soe powerfully a.s.sault them, that he entered the toune, and put man, woman, and child, to a very few, to the sword, where among the rest the governor lost his life, and others of the soldiers and inhabitants to the number of 1,500 persons."--Gale's Corporation System in Ireland, App. p. cxxvi.

6. My object in these remarks has been to enable the reader to form a correct notion of the manner in which Cromwell conducted the war in Ireland. They will give little satisfaction to the wors.h.i.+ppers of the hero. But his character is not a mere matter of taste or sympathy. It is a question of historic inquiry. Much indeed has been written to vindicate him from the imputation of cruelty at Drogheda and Wexford; but of the arguments. .h.i.therto adduced in his defence, it will be no presumption to affirm that there is not one among them which can bear the test of dispa.s.sionate investigation.

NOTE E, p. 338.

The following pensions were afterwards granted to different persons instrumental in facilitating the king's escape. Unless it be mentioned otherwise, the pension is for life:--

To Jane Lane (Lady Fisher) . . . . . . . . . 1000 Thomas Lane, the father . . . . . . . . . 500 Charles Gifford, Esq. . . . . . . . . . . 300 Francis Mansell, Esq. . . . . . . . . . . 200 Thomas Whitgrave, Esq. . . . . . . . . . 200 Catharine Gunter, for 21 years . . . . . 200 Joan Harford . . . . . . . . . . . . . . 50 Eleanor Sampson . . . . . . . . . . . . . 50 Francis Reynolds . . . . . . . . . . . . 200 John and Anne Rogers, and heirs male . . 100 Anne Bird . . . . . . . . . . . . . . . . 30 Sir Thomas Wyndham, and heirs, for ever . 600 William Ellesdun, during pleasure . . . . 100 Robert Swan, during the king's life . . . 80 Lady Anne Wyadham . . . . . . . . . . . . 400 Juliana Hest . . . . . . . . . . . . . . 30

Clarendon Corres. i. 656.

NOTE F, p. 358.

_The Act for the Settlement of Ireland_.

Whereas the parliament of England after expense of much blood and treasure for suppression of the horrid rebellion in Ireland have by the good hand of G.o.d vpon their vndertakings brought that affaire to such an issue as that a totall reducm't and settlement of that nation may with G.o.ds blessing be speedily effected. To the end therefore that the people of that nation may knowe that it is not the intention of the Parliament to extirpat that wholl nation, but that mercie and pardon both as to life and estate may bee extended to all husbandmen, plowmen, labourers, artificers, and others of the inferior sort, in manner as is heereafter declared, they submitting themselves to the Parliament of the Commonwealth of England and liveing peaceably and obediently vnder their governement, and that others alsoe of a higher ranke and quality may knowe the Parliament's intention concerning them according to the respective demerits and considerations under which they fall, Bee it enacted and declared by this present Parliament and by the authority of the same, That all and every person and persons of the Irish nation comprehended in any of the following Qualifications shal bee lyable vnto the penalties and forfeitures herein mentioned and contained or bee made capable of the mercy and pardon therein extended respectively according as is heereafter expressed and declared, that is to saye,

1. That all and every person and persons who at any time before the tenth day of November, 1642, being the time of the sitting of the first generall a.s.sembly at Kilkenny in Ireland have contrived, advised, counselled, or promoted the Rebellion, murthers, ma.s.sacres, done or committed in Ireland w'ch began in the year 1641, or have at any time before the said tenth day of November 1642 by bearing armes or contributing men, armes, horses, plate, money, victuall or other furniture or habilliments of warre (other then such w'ch they shall make to appeare to haue been taken from them by meere force & violence) ayded, a.s.sisted, promoted, prosecuted or abetted the said rebellion murthers or ma.s.sacres, be excepted from pardon of life and estate.

2. That all and every person & persons who at any time before the first day of May 1643, did sitt or vote, in the said first generall

a.s.sembly, or in the first pretended counsell comonly called the supreame councell of the confederate Catholiques in Ireland or were imployed as secretaries or cheife clearke, to be exempted from pardon for life and estate.

3. That all and every Jesuitt preist and other person or persons who have receaved orders from the Pope or Sea of Rome, or any authoritie from the same, that have any wayes contrived, advised, counselled, promoted, continued, countenanced, ayded, a.s.sisted or abetted, or at any time hereafter shall any wayes contriue, advise, councell, promote, continue, countenance, ayde, a.s.sist or abett the Rebellion or warre in Ireland, or any the murthers, or ma.s.sacres, robberies, or violences, comitted against ye Protestants, English, or others there, be excepted from pardon for life and estate.

4. That James Butler earl of Ormond, James Talbot earl of Castelhaven, Ullick Bourke earl of Clanricarde, Christopher Plunket earl of Fingal, James Dillon earl of Roscommon, Richard Nugent earl of Westmeath, Moragh O'Brian baron of Inchiquin, Donogh M'Carthy viscount Muskerry, Richard Butler viscount Mountgarrett, Theobald Taaffe viscount Taaffe of Corren, Rock viscount Fermoy, Montgomery viscount Montgomery of Ards, Magennis viscount of Iveagh, Fleming baron of Slane, Dempsey viscount Glanmaleere, Birmingham baron of Athenry, Oliver Plunket baron of Lowth, Robert Barnwell baron of Trymletstoune, Myles Bourke viscount Mayo, Connor Magwyre baron of Enniskillen, Nicholas Preston viscount Gormanstowne, Nicholas Nettervill, viscount Nettervill of Lowth, John Bramhall late Bishop of Derry, (with eighty-one baronets, knights and gentlemen mentioned by name) be excepted from pardon of life and estate.

5. That all and every person & persons (both princ.i.p.alls and accessories) who since the first day of October 1641 have or shall kill, slay or otherwise destroy any person or persons in Ireland w'ch at ye time of their being soe killed, slaine or destroyed were not publiquely enterteined, and mainteyned in armes as officers or private souldiers for and on behalfe of the English against ye Irish, and all and every person and persons (both princ.i.p.als and accessories) who since the said first day of October 1641 have killed slayne or otherwise destroyed any person or persons entertained and mainteyned as officers or private souldiers for and on behalfe of the English, against the Irish (the said persons soe killing, slaying or otherwise destroying, not being then publiquely enterteyned and mainteyned in armes as officer or private souldier vnder the comand and pay of ye Irish against the English) be excepted from pardon for life and estate.

6. That all and every person & persons in Ireland that are in armes or otherwise in hostilitie against ye Parliam't of ye Commonwealth of England, and shall not wthin eight and twenty dayes after publicacon hereof by ye deputy gen'll of Ireland, and ye comission'rs for the Parliam't, lay downs armes & submitt to ye power and authoritie of ye said Parliam't & commonwealth as ye same is now established, be excepted from pardon for life and estate.

7. That all other person & persons (not being comprehended in any of ye former Qualifications,) who have borne comaund in the warre of Ireland against the Parliam't of England or their forces, as generall, leift'ts generall, major gen'll, commissary generall, colonell, Gouerno'rs of any garrison, Castle or Forte, or who have been imployed as receaver gen'll or Treasurer of the whole Nation, or any prouince thereof, Comissarie gen'll of musters, or prouissions, Marshall generall or marshall of any province, advocate to ye army, secretary to ye councell of warre, or to any generall of the army, or of any the seuerall prouinces, in order to the carrying on the warre, against the parliam't or their forces, be banished dureing the pleasure of the parliam't of ye Com'wealth of England, and their estates forfeited & disposed of as followeth, (viz.) That two third partes of their respective estates, be had taken & disposed of for the vse & benefitt of the said Com'wealth, and that ye other third parte of their said respective estates, or other lands to ye proporcon & value thereof (to bee a.s.signed in such places in Ireland as the Parliam't in order to ye more effectual settlem' of ye peace of this Nation shall thinke fitt to appoint for that purpose,) be respectiuely had taken and enioyed by ye wifes and children of the said persons respectively.

8. That ye deputy gen'll and comission'rs of parliam't have power to declare, That such person or persons as they shall judge capeable of ye parliam'ts mercie (not being comprehended in any of ye former qualifications) who have borne armes against the Parliam't of England or their forces, and have layd downe armes, or within eight & twenty dayes after publicacon hereof by ye deputy gen'll of Ireland and ye Comissioners for ye parliam't, shall lay downe armes & submit to ye power & authoritie of ye said parliam't & com'wealth as ye same is now established, (by promising & ingaging to be true to ye same) shal be pardoned for their liues, but shall forfeit their estates, to the said comonwealth to be disposed of as followeth (viz.) Two third partes thereof (in three equall partes to bee diuided) for the vse benefitt & aduantage of ye said ComOnwealth, and ye other third parte of the said respective states, or other lands to ye proporcon or value thereof) to bee a.s.signed in such places in Ireland as the parliam't in order to ye more effectual settlement of the peace of the Nation shall thinke fitt to appoint for that purpose (bee enioyed by ye said persons their heires or a.s.signs respectively) provided, That in case the deputy gen'll Comission'rs or either of them, shall see cause to give any shorter time than twenty-eight dayes, vnto any person or persons in armes, or any Guarrison, Castle, or Forte, in hostilitie against the Parliam't & shall giue notice to such person or persons in armes or in any Guarrison, Castle or Forte, That all and every such person & persons who shall not wthin such time as shal be sett downe in such notice surrender such Guarrison, Castle, or Forte to ye parliam't, and lay downe armes, shall haue noe advantage of ye time formerly limited in this Qualificacon.

9. That all and every person & persons who have recided in Ireland at any time from the first day of October 1641, to ye first of March 1650, and haue not beene in actuall service of ye parliam't at any time from ye first of August 1649, to the said first of March 1650, or have not otherwise manifested their constant good affections to the interest of ye Comonwealth of England (the said Persons not being comprehended in any of the former Qualificacons) shall forfeit their estates in Ireland to the said Comonwealth to be disposed of as followeth, (viz.), one third parte thereof for the vse, benefitt, and advantage of the said Comonwealth, and the other two third partes of their respective estates, or other lands to the proporcon or value thereof (to bee a.s.signed in such places in Ireland, as ye Parliam't for ye more effectual settlement of ye peace of the Nation shall thinke fitt to appoint for that purpose) bee enioyed by such person or persons their heires or a.s.signs respectively.

10. That all and every person & persons (haueing noe reall estate in Ireland nor personall Estate to the value of ten pounds,) that shall lay downe armes, and submitt to the power and Authoritie of the Parliament by the time limited in the former Qualificacon, & shall take & subscribe the engagem't to be true and faithfull to the Comonwealth of England as the same is now established, within such time and in such manner, as the deputy Generall & commission'rs for the Parliam't shall appoint and direct, such persons (not being excepted from pardon nor adiuged for banishm't by any of the former Qualificacons) shal be pardoned for life & estate, for any act or thing by them done in prosecution of the warre.

11. That all estates declared by the Qualificacons concerning rebells or delinquents in Ireland to be forfeited shal be construed, adiuged & taken to all intents and purposes to extend to ye forfeitures of all estates tayle, and also of all rights & t.i.tles thereunto which since the fiue and twent.i.th of March 1639, have beene or shal be in such rebells or delinquents, or any other in trust for them or any of them, or their or any of their vses, w'th all reversions & remainders thereupon in any other person or persons whatsoever.

And also to the forfeiture of all estates limitted, appointed, conveyed, settled, or vested in any person or persons declared by the said Qualificacons to be rebells or delinquents with all reversions or remainders of such estates, conueyed, uested, limitted, declared or appointed to any the heires, children, issues, or others of the blood, name, or kindred of such rebells or delinquents, w'ch estate or estates remainders or reuersions since the 25th of March 1639 have beene or shal be in such rebells or delinquents, or in any their heires, children, issues or others of the blood, name, or kindred of such rebells or delinquents.

And to all estates graunted, limitted, appointed or conueyed by any such rebells or delinquents vnto any their heires, children, issue, w'th all the reversions and remainders thereupon, in any other person of the name, blood or kindred of such rebells or delinquents, provided that this shall not extend to make voyd the estates of any English Protestants, who haue constantly adhered to the parliam't w'ch were by them purchased for valuable consideracon before ye 23rd of October 1641, or vpon like valuable consideracon mortgaged to them before ye tyme or to any person or persons in trust for them for satisfaction of debts owing to them.

NOTE G, p. 396.

I have not been able to ascertain the number of Catholic clergymen who were executed or banished for their religion under Charles I., and under the commonwealth. But I possess an original doc.u.ment, authenticated by the signatures of the parties concerned, which contains the names and fate of such Catholic priests as were apprehended and prosecuted in London between the end of 1640 and the summer of 1651 by four individuals, who had formed themselves into a kind of joint-stock company for that laudable purpose, and who solicited from the council some reward for their services. It should, however, be remembered that there were many others engaged in the same pursuit, and consequently many other victims besides those who are here enumerated.

"The names of such Jesuits and Romish priests as have been apprehended and prosecuted by Capt James Wadsworth, Francis Newton, Thomas Mayo, and Robert de Luke, messengers, at our proper charge; whereof some have been condemned; some executed, and some reprieved since the beginning of the parliament (3 Nov. 1640); the like having not been done by any others since the reformation of religion in this nation:--

William Waller, als. Slaughter, als. Walker, executed at Tyburne.

Cuthbert Clapton, condemned, reprieved and pardoned.

Bartholomew Row, executed at Tyburne.