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.

To the KING'S Most Excellent Majesty.

The Duke of Ormond, Your Majesties Lieutenant of Ireland, and Steward of Your Majesties Houshold, most humbly represents:

THat the Earl of Anglesey Lord Privy-Seal, in the Year 1681. caused a Book to be Printed (whereof he hath acknowledged himself to be the Author) intituled A Letter from a Person of Honour in the Country, written to the Earl of Castlehaven, being Observations and Reflections upon his Lordships Memoirs concerning the Wars of Ireland.

That in the said Book there are divers passages and expressi∣ons which are not only untrue, but reflecting in a high degree upon His Late Majesties Government, and particularly in Relati∣on to the Rebellion and War in Ireland, and to the several Ces∣sations and Peaces made by His, and Your Majesties Authority and Command.

That in the said Book the Lord Privy-Seal hath Malitiously endeavour'd to Calumniate and Asperse the Duke of Ormond, by calling in question his Faithfulness and Loyalty to His Late Majesty, the Sincerity of his Profession in point of Religion, and insinuating that the Cessations and Peaces (destructive as he says to the English and Protestants) were advised and procured by him the said Duke, out of his Affection to the Irish Popish Rebells, because he was Allyed to many of them in Blood and by Mar∣riages.

That the Lord Privy-Seal in the course of above Twenty Years free and friendly Acquaintance and Correspondence with the Duke of Ormond, never thought fit to give him any intima∣tion of his Lordships Intention to write a History of the Wars of Ireland, and other transactions there, wherein both the Duke and his Lordship (tho' of opposite Parties) had a great part, but chose rather to seek for information from the Earl of Castle∣haven, and to publish his Observations on the Earl of Castleha∣ven's Memoirs, in a Conjuncture when his Reflections in his Book and his Letter of the Seventh of December, 1681. to the Duke of Ormond, might not only do most mischief to him, but to the Government. The Duke of Ormond humbly conceives that at least, while the Lord Privy-Seal and he have the honor to be of your Majesties Privy Council, and in the stations they are, it

will not be fit for him to publish such an Answer to the Lord Privy-Seal's Book and Letter, as might otherwise be necessary in Vindication of Truth, His Late Majesties Justice and Honor, and his own Integrity.

It is therefore most humbly proposed, That Your Majesty would be pleased to appoint a Committee of your Privy-Coun∣cil to look over the Lord Privy-Seal's Book, and to call his Lord∣ship and the Duke of Ormond before them, and if upon Report from them, it shall appear to your Majesty that the Earl of An∣glesey has fallen into the Mistakes and Errors herein laid to his Charge, That then Your Majesty would be pleased to Consider of the best and most Authentick means how Reparation may be made to all that are injured by the Earl of Anglesey's Book and Letter, and to prevent the Credit his great Place, supposed Knowledge (especially in the Affairs of Ireland) and his pretend∣ed Candor and Impartiality may give to his Writings, in these and future times.

ORMOND.

A True Copy.

John Nicholas.

At the Court at Hampton-Court, June, 17. 1682.

By the KING'S Most Excellent Majesty, AND The Lords of His Majesties most Honorable Privy-Council.

THE annexed Representation of his Grace the Duke of Ormond, Lord Lieutenant of Ireland, &c. being this day presented and read to His Majesty in Council. His Majesty taking the contents thereof into His Royal Consideration as a matter of very great Im∣portance,

was pleased to Declare That he would hear the matter there∣of in Council. And did order That a Copy of the said Representation be delivered to the Earl of Anglesey Lord Privy-Seal, And that his Lordship do attend His Majesty in Council on Fryday next, at Three of the Clock in the Afternoon at White-Hall, when His Majesty hath appointed to take that Business into further Consideration.

John Nicholas.

The Earl of Anglesey Lord Privy-Seal, being by the said Order of His Majesty in Council, of June 17. appointed to be at Council at white-Hall, June 23. being not able to stand by reason of the Gout, yet got out of his Bed, and was carried thither; where when the King came, he spake to His Majesty (as I am well inform'd) to this effect.

SIR,

I Am in the first place to beg Your Majesties Pardon for my Obedience to Your Order for appearing here this day, being in no condition of health to have left my Bed, and altogether unfit for the presence of the King.

And indeed I expected that the Duke of Ormond would rather have Complained and Printed against the Earl of Castlehaven his Me∣moirs; which Aspersed and Scandalised Your Royal Father's Govern∣ment, and represented the Protestants of Ireland as Rebells, and the Confederate Irish Papists as Loyal Subjects, then against me, who had Vindicated His Majesties Government, and his Protestant Faithful Subjects so Effectually in my Letter to the said Earl, That his Lord∣ship in an Epistle to the Reader which he after added to his Memoirs, confessed himself and the Irish Confederates the Rebells: And that all the Water in the Sea would not wash that Rebellion off that Nation.

This is the first quarrel I ever had with any man, and Your Majesty sees how it is brought upon me, and cannot but believe it very unwel∣come to me from one who hath so many Years professed Friendship to me. But that which troubles me in it is, That it is pretended to be upon ac∣count of my failing in Duty to His Late Majesty and Your Self, whereas if I can pretend to Merit in any thing, it is for Exemplary and Conside∣rable Faithfulness and Service to You both.

SIR, That I may not trouble You with much Discourse, I have re∣duced the Vindication of my Innocence to Writing, which I present for my Answer to the Duke of Ormond's Accusation, and to which I shall add no more but my desire, That tho' the Duke of Ormond hath thought fit to Attaque me thus causelesly, all the Contention hereafter between him and me may be who shall serve Your Majesty best, and cost You least.

In the next place all the Papers Written and Printed, that had passed between the Duke and the Lord Privy-Seal, were read as they lay in order, and both the Lords discoursed and bandied the matter fully, which the King heard with great Pa∣tience: The Duke of Ormond notwithstanding doing that right to the Lord Privy-Seal, as to Acknowledge that none had been more Active and Instrumental in his Majesties Happy Restauration, or carried it on with more Success in great Dangers and Difficul∣ties, than his Lordship. In conclusion the Duke was Ordered to charge the Lord Privy-Seal by particulars in Writing, that he might know what to Answer, generals not being sufficient, and so that business was left at that time.

Now follows the Lord Privy-Seal's Answer to the Duke of Or∣monds Representation or Complaint against him.

To the King's most Excellent Majesty.

The Earl of Anglesey Keeper of your Majesties Privy-Seal, (mistead by an ill President admitted) most humbly represents.

THat having this Eighteenth day of June, received in Bed, where he had continued for above a Month last past, ve∣ry much afflicted with the Gout, and deprived of the use of Hands and Leggs, and by reason of Pains and Sicknesses getting little rest, which he hath reason to believe was well known to the Duke of Ormond; your Majesties Order in Council of the Seventeenth, with a Copy of the Representation of the said Duke an∣nexed, and Command to attend your Majesty in Council on Fry∣day next, at Three of the Clock in the Afternoon at White-Hall, which he resolves by Gods Blessing to do if he shall be in a Ca∣pacity of Health and Strength to be carried thither, without Pe∣ril of his Life; which he doth not believe that the Duke him∣self thinks, after a year and halfs concerning himself in this Con∣troversie, is to be adventured to gratifie a hasty proposal, upon his changing his way of proceeding.

In the mean time, That your Majesty may not be under the least prepossession by what the Duke hath represented with heat, and sharpnels against the said Earl, he doth humbly offer to Con∣sideration, That though the Duke appear before your Majesty, as a Representer, the said Earl cannot but look upon him as a Petitioner, the Title by which all Subjects that complain, Address to your Majesty, and for want of which he hath observed many Suitors rejected with their Requests.

And therefore your Majesty is desired to be informed in the first place by a deduction of all that hath passed between the Duke and the Earl in this Affair, which is as followeth.

The Book complained of was written about two years ago by meer Accident of the Earl of Castlehaven's sending his Printed Me∣moirs, to the Earl then at Blethington in Oxfordshire, where having read the same, and conceiving the English, and Protestants to be un∣justly dealt with therein, and the Irish foul Cause professedly justi∣fied, though the most Execrable Rebellion that ever was in the World; the Earl could not digest the same, but upon a bare Old Memory without help of Writings or Notes, immediately put pen to

paper and the Eighth of July wrote a Letter to the said Earl of Castlehaven, which he believes his Lordship hath yet to shew, tho' when it appeared afterwards in print, about October, 1680. one was sent to his Lordship taking Notice thereof, and asking him what he had done with the said Letter, who then Confessed he had lent it to a Friend, but he would recover it again. The Letter be∣ing thus Printed, the Duke of Ormond had soon sight of it, for in his Letter to the Earl of Anglesey of November the 12th. 1681. he takes Notice that he had seen it a Year before, and writes his Pleasure of it so Satirically, that the said Earl returned his An∣swer of the 7th. of October following, which the said Duke takes Notice of in his said Representation, though he never before ac∣knowledged the Receipt thereof, nor was pleased to make any Reply to it, though it gave him sufficient occasion: thus (when the said Earl expected a Reply) things stood till the said Com∣plaint made to your Majesty, which he humbly submits whether it be fit to be received or proceeded upon in Council, after so open a litigation thereof in Print, wherein the said Duke had appealed to the People, and accused the Earl with as much Acrimony as it was possible for the Duke's sharp Pen to do, it being as the said Earl conceives, below the dignity of Your Majesty and the Board, after the Duke has proceeded so far in a private Quarrel of his own ma∣king, without Success, (and that those the Duke had appealed to seemed generally satisfied that the Earl had fully Vindicated him∣self from the Aspersions laid upon him by the Duke's said Letter) for your Majesty to be Addressed to so late, and in a Cause so con∣cluded; wherein the Earl had justified himself in the method the Duke himself lead him, and is ready to proceed further so to do, if the Duke shall please to Reply in maintenance of his Printed Charge.

However the Earl not knowing what course in this Affair will be pursued, or directed, saith that he doth not disown the Book mentioned in the Duke's Representation, so far as he hath ac∣knowledg'd the same in a Letter written by him to the said Duke.

But denies that in the said Book or Letter, there are divers, or any passages and expressions which are not only untrue, but reflecting in a lugh degree upon his Late Majesties Government, and particularly in Relation to the Rebellion and War in Ireland, and to the several Cessations and Peaces made by his, and your Majesties Authority and Command, which the said Earl hath formerly intimated in writing to the said Duke in Answer to a Letter of his insinuating the same thing, and urging for particulars which the said Earl could never yet obtain.

The said Earl is no further charged with malitiously calumni∣ating and aspersing the said Duke, and insinuating several parti∣culars to that purpose, but the passages in the said Books of that import are still reserved, and not thought fit by the said Duke, to be expressed so as the Earl may know what, or how to Answer.

And the said Duke is not ignorant that malitious Calumny or Scandal against so great a Person as the Duke of Ormond, is se∣verely punishable by Law.

What to say more herein the said Earl knows not, till the Duke gives more clear and particular occasion.

Whosever shall take Notice of what the Duke Asserts of his and the Earls free Converse and Friendship for above twenty years, and which the Earl adds (and the Duke cannot forget) the real and adventurous friendship with the Earl, hath ingaged in with and for the Duke, he cannot but wonder as others do, that they are so easily cancell'd and turned into rancor and ill returns, without demonstrating a change in the Earl, which may satisfie inquiring men the Duke hath a Cause.

For else it seems wonderful and past belief to intelligent men, that the Earl who professeth that he bears Malice to no Person living, nor ever had quarrel with any man, that counts it his great misfortune in his Old Age, when he was preparing to go to his Grave in Peace and in perfect Charity with all men, he should be Attacqued by one who hath professed friendship to him above these twenty years, and as he finds by Letters and other∣wise was intimatly a friend to his Father: As it is miraculous to the same degree, that the Earl in his circumstances should willingly be drawn into controversie with so great and fortunate a man, and so antient a friend as the Duke of Ormond.

But since it hath been the Dukes pleasure or humor so violently, and so many ways to assault the Earl, he must not take it ill that he cannot bear wounds patiently, and without just resentment.

The Duke complains further, that in the course of above twenty years free and friendly acquaintance and correspondence with him, the Earl never thought fit to give him any intimation of his intent to write a History of the Wars of Ireland, and other Transactions there.

The said Earl cannot recollect with certainty whether he did or no, but he very well remembreth that many years ago he acquainted Sir George Lane then the Duke's Secretary, and now Viscount of Lanesborrow (and who told him he had the custody of all the Duke's Papers and Writings of publick Affairs)

with his intended History of Ireland, who promised him the assistance of them, but he could never yet obtain any from him: Nor from the Duke himself since he made a free offer and pro∣mise of them by his Letter of the 12th. of November, threatning to appeal from the Earl as a partially ingag'd, and unfaithful Histo∣rian if he accepted them not, he being as he wrote, more desi∣rous to prevent than rectifie Errors and mistakes. The Earl ha∣ving this noble encouragement from so great a person, (and who was to make so great a part of it) to proceed in his History by his Letter of the Seventh of October, acknowledged and ac∣cepted the Duke's favour, expecting the performance thereof, but never heard since from the Duke till by his Representation to your Majesty, wherein he seems to forget or retract all that had passed, tho' the Earl had given him all the Assurance a man of honour could do, that he would be exactly faithful and impar∣tial in the History, and now shews that he is unwilling any History should be written by the Earl, whose candor and impar∣tiality he will yet allow to be but pretended, and therefore pro∣poseth that your Majesty will prevent the Credit which they, his great place, and supposed knowledge (especially in the Affair of Ireland) may give to his Writings in these and future times, never considering that himself hath greater Places. Yet the Earl doth not apprehend their giving Credit to any thing the Duke hath or shall write against the Truth, which the Earl is resolved to tye himself strictly and authentically to, if he be suffered to go on, and not discouraged in his Design with which he inten∣ded to close his Labours in this Life, for the good of England, and the Safety of that poor Kingdom of Ireland, harrassed by Rebellions and Massacres, and which must expect and undergo more (still preparing) unless prevented by wise Councils here, upon the warnings that a true Account of former times and failings may give us.

And since the Earl hath been versed above forty years in publick Affairs, without blemish or dishonour, and intends by your Majesties permission, to Dedicate his History to your Self, which sure he would not be so weak as to offer, if any thing were to be in it of the nature the Duke presageth, the Earl therefore hopes the Duke may at least trust your Majesties wis∣dom with the publishing of what you shall have the perusal of if you shall judge it worth your reading before it go to the Press, be∣ing intended both for the Honour of the Late King and of your Majesty, and not to gratisie any private humor or party, or to disguise or cover the Errors or Miscarriages of any Subject what∣soever.

As to the Duke's Reflection, that the Earl chose rather to seek for Information from the Earl of Castlehaven than from him, the contrary doth appear ever since the Earl had any hopes giv∣en him of the Duke's Assistance, with such Authentick instru∣ments and writings as may contribute to the History, which the Earl cannot but yet expect and he never desired other informati∣ons from the said Earl of Castlehaven, than in the Military Actions wherein the Duke employed him as a General, and never thought of making other use of them than as they concur'd with, clear'd and confirm'd the true Account the Earl was possessed of in those Affairs before.

As to the Duke's insinuating (where he mentions the War of Ireland and other Transactions there, wherein they had both a great part) that they were of opposite Parties, since he accounts it ser∣viceable to his design of aggravating to the utmost against the Earl, the occasion is willingly imbraced to give your Majesty a brief and true Information of the part the Earl had both in Ireland and Eng∣land, in the late unhappy Time.

The Earl was (under the Authority his Late Majesty had entrusted both Houses of Parliament with for Ordering and Governing the Af∣fairs in Ireland, after the horrid Rebellion begun) instrumental there to preserve the Brittish and Protestant Interest, Countries and Garrisons, from being swallowed up by Owen Oneill's Barbarous Army, or falling into the Bloody Irish Hands. He also held Correspondence with, and offer'd Assistance to the then Marquess of Ormond, to Preserve the English and save the City of Dublin, and other English Garrisons and Quarters from the Treacherous Irish, who broke all Faith with the Marquess.

He likewise sent to the Marquess the Late King's Majesties posi∣tive Prohibition in Writing, against making any Peace, or hav∣ing at all further dealing with the Irish, and used his most earnest per∣suasions herein, foreseeing it would be destructive to the English, and mischievous to the Late King; and still offer'd Assistance to the Mar∣quess to encourage him in vigorous opposing the Irish, and to enable him to disappoint their Treachery, and the Consequence of their Faith-breaking.

The said Earl after the Peace notwithstanding made with the I∣rish Confederate Rebells, and their Shameful and Treacherous Breach of it, with design and endeavor to Surprize the Marquess and all the English Garrisons in Lemster, and after they had so handled their business as to get the Commissioners of Parliament, (which were Arrived at Dublin by the Marquesses invitation, to receive the City of Dublin, and all other Garrisons and Strengths under his Command,

and secure them against the Irish, for which end they had brought Forces, Shipping, Provisions, and Ammunition of all sorts with them) to be rejected and sent away by the Marquess.

He upon a second Invitation of the Marquess to the Parliament, (upon the Irish Rebells continued Breaches and Treacheries) went again for Ireland, after he had used all his Interest to persuade them to send again, though they were very unwilling, and it was much opposed by reason of the former unexpected disappointment.

And was the chief employed in Commission from the Parlia∣ment with an Army of Horse and Foot, furnished with all things necessary to deliver the Marquess and English from the Irish Trea∣cheries and Designs, and to receive the City of Dublin and other Garrisons, into the Parliaments Custody, who were trusted, and able to preserve the same for the Crown, if we could agree up∣on Articles for that purpose, which by the Blessing of God the Earl did to the Marquess and the late Lord Chancellour Eu∣stace, (whom the Marquess chiefly Trusted therein) to their great Satisfaction, as well as his own and the English and Protestants; and after He and the rest of the Commissioners had received the City of Dublin and other Garrisons, and Conveyed the Marquess with the Honor due to his Quality, to the Sea side to take Shipping for En∣gland, as the Articles gave Leave; and had spent some time to lay the Foundations which after happily succeeded, for the total Redu∣ction of the Irish, and breaking their Cursed Confederacy and Pow∣er for Treachery, and Final Subduing them to the Crown of Eng∣land, with the Forfeiture of all their Estates, for the Satisfaction of Adventurers and Soldiers, and the vast Encrease of the Revenue of the Crown.

The Earl returned for England as he had Leave to do, before he went, where by his Interest in Parliament he secured to the Marquess the Thirteen Thousand Pounds, &c. Agreed by the Articles for the Surrender of Dublin, &c. to be paid to him, though much endeavour was used by the Lady Vicountess Moore and others; upon legal pretences to deprive him of it; So that he lost not one Penny of it, and then the said Marquess thought, and held the said Earl his Real Friend, and a punctual Performer of Publick Faith.

In England the Earl's part was as followeth:

To preserve the Church in its Legal Establishment to the last, to desend the King and the Laws, against Usurpation and Arbitrary Government, to adventure his Estate and Life to save His from Execrable Murder, and never to sit still till he and his Friends, His Late Majesties and Your Faithful Subjects, had compassed Your Ma∣jesties Happy Restauration, with the apparent and imminent ha∣zard of their Lives, whereof the said Duke had vast benefits with∣out danger.

Now if the Duke will give the Earl information of his part, as an opposite Party in the said Transactions, he promiseth they shall not want their due place and regard in History, when all done by both shall be truly and exactly Recorded.

The Earl doth not know what the Duke means by saying, That at least while the Lord Privy-Seal and he have the Honor to be of your Majesties Privy-Council, and in the Stations they are, it will not be fit for him to publish such an Answer to the Lord Privy-Seal's Book and Letter, as might otherwise be necessary in Vindica∣tion of Truth: unless he would insinuate it fit for the Earl to be displaced to make room for that long threaten'd Answer, that so he might have the more home and fuller stroak at the Earl before your Majesty, when he hath endeavored but cannot hurt him be∣fore your People.

And it appears that it is but a New Phancy and Consideration taken up by the Duke, for when he was pleased not only to Write but, Print his Virulent Letter of the Twelfth of November, agains•• the Earl, it had not it seems affected his Thoughts as of any import, and this also shews, That it is too late and dishonorable an appeal to be made to your Majesty, after the Duke hath done it, without Success in Print to the People, and would never in probability have been attempted, but that he thinks he hath arrived in a more happy conjuncture, or hath entertained some groundless hopes of Favour by the Earls depression, which he will never in the least apprehend from a just Master that he hath faithfully served so long.

And therefore the Earl conceiving that the Duke hath already in Print charged him with all he hath to say, and more than he can make good; and there being an Obligation of Honor lying upon him to publish any answer to the Lord Privy Seals Book which (with∣out difference or respect to him) would be necessary in Vindication of Truth, and the said Earl no ways apprehending the dint of such an Answer; humbly beseecheth your Majesty that the Duke may be at

liberty and encouraged in his worthy design for vindication of Truth by his Answer without regard to the Earl, who is ready and will∣ing to be trampled upon for the Truths sake, and dreads much more what the Duke may with vain hopes whisper or insinuate to your Majesty, than any thing he can or shall think sit to publish for that End.

The Earl tho' he acknowledgeth your Majesties Favor in the Office he enjoys, it being a Testimony of your Gracious Acceptance of his long Faithful and Unblemish'd Service; Yet for the Duke (who hath partaken more deeply of your Royal Bounty and Favor, than any other Subject (to say no more) to go out of his way after he had decipher'd the Earl sufficiently by his Title of Honor and Name of Office, to mention his great Place seems to be rather in underva∣luing than with intention to allow your Majesties poor Officer what his Predecessors, though some of them were of inferior quality to his, have enjoyed without Envy or Scorn, from the greatest Sub∣jects.

And I can truly say, that I have not paid my Debts incurred in your Majesties Service, nor preferred my many Children, nor grown Rich by my Service and great Place, though my Ancestors and I have received Titles of Honor, and Marks of Favor from your Majesty and Predecessors, for divers Generations.

As to the Duke's proposal, That your Majesty will be pleased to Appoint a Committee of your Privy-Council, to look over the Lord Privy-Seal's Book, and to call the said Earl, and Duke of Ormond, before them, and to Report to your Majesty how reparation may be made to all that are injured by the Earl's Mistakes and Errors, in his said Book and Letter.

The Earl saith, That the Duke seems to conceive that your Ma∣jesty and Council have more Leisure than the Earl dares presume, and the Earl hopes the Duke may content himself by your Majesties Favor to Govern one Kingdom under you, without involving this in his Concerns, or offering to impose his Dictates upon your Ma∣jesty and Council of England, who have Wisdom to appoint Com∣mittees, or take other course for business (properly before them) without the direction of the Parties concern'd, which most men in modesty forbear to give.

And though the Duke seems in great hast to have Mistakes and Errors fixed upon the Earl, he on the contrary (and though time will shew that all that are, will appear to be on the Duke's part) presumes not to give your Majesty trouble herein, or to pursue the Duke for what is common to mankind.

And he conceives it an Employment below your Majesty and Council, to be set upon an Essay to find matter to justifie what the Duke hath injuriously published against the Earl, which course being his first choice, he may freely pursue if he please.

As to the Duke's Objection, That the Earl saith the Cessa∣tions 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 thirty years, for it hath been Printed long ago, and the Truth of History and publick acts will evince it, must the Earl only be restrained from saying what he thinks, and the Duke knows he thought near Forty years ago, and endeavor'd 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 Pea∣ces, that neither the Irish nor English were satisfied with, and my unhappiness is not small to be the only English man 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 Na∣ture averse to Contention (and who hath had quarrels with none in the whole course of his Life) inclines him to, he hopes your Ma∣jesty will Consider that to be taxed of Untruth and Reflection on his Late Majesties Honor and Justice, and branded as a Malitious Calumniator, a close concealed and disguised Enemy to your Maje∣sty, 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 Candor and impartiality, are Provocations unusual and not easily born by Persons of Honor, and might the better have been forborn, because after all this loud noise and cri∣minal Charge, the Duke himself dwindles it into bare Mistakes and Errors, which who Lives that is not guilty of, and the Earl con∣ceives, is a Task very improper to be laid upon your Majesty to Examine, especially in Cases of Controversie thereupon between your Majesties Subjects.

Thus the Earl tho' 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 Majesties Order hath represented what he conceived expedient upon this occasion where∣with if the Duke be not satisfied.

It is desired that he would in due form of Law, and by le∣gal 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 Majesties displeasure, less than which cannot be aimed at by the Duke, who to satisfie his un∣just and causeless Animosity, makes use of his Power to alienate from the Earl your Majesties favor, good opinion and confidence, after above three and twenty years faithful and diligent Service, wherein the said Earl hath almost worn out his Strength and Life, without Conviction of any failure or transgression, which surely the said Duke would never do (after he had privately quarrell'd the Earl, and exposed him the worst he could in Print, and this Affair having taking 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 him∣self from what was never intended as a Charge against him.

I conclude Praying (as I have heartily endeavored) for the Glo∣ry and Prosperity of your Majesties 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 Majesties most Honorable Privy-Council.

UPon Reading this day at the Board, a Paper delivered in by his Grace the Duke of Ormond. His Majesty in Council was plea∣sed to Order, That a Copy of the said Paper be sent to the Right Ho∣norable the Earl of Anglesey, Lord Keeper of the Privy-Seal, (which is accordingly hereunto annexed) who is to return an Answer there∣unto, to His Majesty in Council upon Thursday the 20th, instant, at Hampton Court, at Nine in the Morning.

Phil. Loyd.

I. THE Cessations and Peaces Dishonorable to the Crown of Eng∣land. Pag. 27.

II. Of Advantage only to the Irish. ibid.

III. Destructive to the English Protestants. ibid.

IV. That therefore the Lords Justices and Council, were from the beginning averse to them. Pag. 60.

V. That for the same reasons the chief, and most of the English No∣bility in Ireland, and the generality of the English, Scotch and Irish Protestants, of all Qualities and Degrees, sooner or later opposed both the Cessations and Peaces. Pag. 65.

VI. That amongst them were found the Earls of Kildare, Tho∣mond, &c. Ibid.

VII. And that the two first Peaces were against Law, and several Acts of Parliament in both Kingdoms. Pag. 64.

The Council not sitting the 20th. of July, tho' the Lord Privy-Seal who received the 13th. the particular Charges of the Duke of Ormond against him then delivered in, Answer'd them the 14th. yet gave not in his Answer till the next Council held at Hampton-Court the 27th. of July, which was as followeth:

July the 14th. 1682.

The Answer of Arthur Earl of Anglesey, Lord Privy-Seal, to the Paper deliver'd by the Duke of Ormond at Council, July, 13. 1682. as a Charge of particulars against him.

SAving still the benefit of his former Answer deliver'd in the 23d. of June, and what was then done at Council, the said Earl fur∣ther saith:

That 'tis to be consider'd that all the said particulars were passa∣ges in a private Letter to a Friend, not designed for publick 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 Catho∣lick was in plain English as a Rebel, That he doth not excuse the Re∣bellion, 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 setled Peace, without the least occasion given. A No∣ble and Remarkable Confession of one who had been long of the Su∣preme 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.

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, Pag. 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 design nothing but exact Truth wherever it light, so if by any inadvertancy 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 Inten∣tion to Injure any man as he is not Conscious he hath.

These things premised, the said Earl gives this short An∣swer 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 Page 27 (viz.) that the Cessations and Peaces were of advantage only to the Irish, and highly dishono∣rable 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 fore-saw would be destructive to the English and Protestants, the whole passages of the proceedings herein, were published in 1644. in a Book Intituled, the False and Scandalous Remonstrance of the Inhumane, and Bloody Rebells of Ireland, together with an An∣swer thereunto on the behalf of the Protestants of Ireland; the perusal whereof will fully Justify the Earl in what he hath writ∣ten, 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 Majesties Declaration, and the Act for the Settlement of Ireland in which the Duke of Or∣mond himself, had a great hand and gave the Royal Assent pa. 10. &c.

By which his Majesty that now is in full Parliament, De∣clares, 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 dishono∣rable to the Crown of England, of advantage only to the Irish and destructive to the English and Protestants, I submit to Judg∣ment.

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 be∣ginning averse to the Cessations and Peaces, I Refer to their ma∣ny 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 Go∣vernment, and that there was no way of Recovering that King∣dom to the Crown of England, but by a vigorous and total Re∣ducing them to obedience.

But when other Councils were taken up, one of the Lords Justices, and divers of the Chief Officers and Councellors of great∣est 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 op∣posing 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 E∣states could never have been granted to the English and Prote∣stants 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 Par∣liament (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 Par∣liament shall be void, and yet by the Cessations they were Re∣prieved, 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 Govern∣ment; 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 Par∣liament 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 An∣swer, 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 pas∣sed 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 dag∣ger 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 up∣on 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 Ser∣vant a fair and Legal Tryal, in some one of your Courts of Ju∣stice, upon the points, whereof the Duke of Ormond hath accu∣sed 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 ar∣rived at old age. But if the Duke of Ormond upon his prosecu∣tion of me, before those Judges who have power to hear and de∣termine, shall by supplying his defect of proofs in Council, Con∣vict me for a Libeller, in any one point of his Charge, I shall not only deserve your Majesties Censure, but the utmost severi∣ty of the Law in my punishment, which may Gratifie the Am∣bition of some who promote, and wait for my supplanting.

The only passage that I yet know of, which your Majesty seems to take offence at, being that in page the 32. of the Irish Committees, being in at the Intrigue of the Popish faction at Court &c. since it was suddenly and unexpectedly urg'd against me at Council, not being one of the particulars, I was ordered to Answer that day, I could then only Answer what occurr'd 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.

And as long as any such shall dare to come to Court, and by their Faction spread Libells to the scandal of all legal proceed∣ings, and the exasperating your People dayly 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 Majesties 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 Jealousie and discourse of the 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 unparrallel'd Rebellion of the Papists.

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 fur∣ther 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 ne∣ver 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 im∣partially considered, without my giving your Majesty further trou∣ble therein.

And as I have spent the best of my days in your Service without Reproach, so I hope still to stand Justified to all the world, what I Resolve, whilst I live to be

Your Majesties Most Obedient and Most Faithful devoted Subject and Servant. Anglesey.

London Aug. 2d. 1682.

The said Letter was Read at Council Aug. 3d. but nothing appears entered to be done thereupon, but the Earl of Castlehaven was called in several times and questioned, about his 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 a∣gainst the Government, but no further proceeding, was had a∣gainst his Lordship.

But Aug the 9th. 1682. the following Warrant of the King, was brought by Sir Lionel Jenkins Secretary of State, to the Lord Privy-Seal in the Evening, being then at his Lordships House in Drury-lane.

Charles R.

To our Right Trusty, and Right well beloved Cousin and Coun∣cellor, Arthur Earl of Anglesey Keeper of our Privy-Seal.

Our will and pleasure is, that Immediatly upon sight hereof you deliver up our Privy-Seal, appointed by our Letters Patents, to remain during our pleasure in your Custody, into the hands of our Right Trusty, and well beloved Councellor Sir Lionel Jen∣kins Knight, our Principal Secretary of State, and for so doing, this shall be your Warrant, given at our Court at Windsor the 8th. day of August 1682. in the 34 year of our Reign, By His Ma∣jesties Command

Conway.

What passed between the Lord Privy-Seal, & Mr. Secretary appears not, further, then what follows under the laid Secretaries hand and Seal, but it's said the Lord Privy-Seal with his duty to the King, desired the Secretary (which he promised to let His Majesty know that at the signification of His Majesties pleasure, he delivered the Seal more joyfully than ever he Received it.

Anglesey house on Wednesday the 9th. of Aug. 1682.

In pursuance of His Majesties W••rrant bearing Date Yesterday, being the 8th. day of this present Moneth of Aug. which Warrant was in these words (viz.)

CHARLES R.

Our will and pleasure is, that Immediatly upon sight hereof you deliver up our Privy-Seal, appointed by our Letters Patents, to Remain during our Pleasure in your Custody, into the hands of our Right Trusty and well-beloved Coun ellor, Sir Leoline Jenkins Knight, our Principal Secretary of State, and for so doing this shall be your Warrant, given at our Court at Windsor the 8th. day of August, 1682. In the 34 year of our Reign

To Our Right Trusty and Right well∣beloved Cousin and Counceller Ar∣thur Earl of Anglesey Keeper of our Privy-Seal.

By His Majesties Command CONWAY

The Right honorable the said Earl of Anglesey, delivered into my hands His Majesties Privy-Seal, sealed up with his Lordships Seal at Armes, being put into the Purse, given by His Majesty for Carrying the said Privy-Seal, which said Privy-Seal, I Receiv'd at Eight a Clock in the Evening of the said ninth of August, witness my hand and Seal

L. Jenkins.

FINIS.