Murder will out, or, The King's letter justifying the Marquess of Antrim and declaring that what he did in the Irish rebellion was by direction from his royal father and mother, and for the service of the crown.

IRELAND, Aug. 22d. 1663.

Ever Honoured Sir,

LAST Thursday we came to Tryal with my Lord Marquess of Antrim, but according to my Fears (which you always surmised to be in vain) he was by the King's Extraordinary, and Peremptory LET∣TER of Favour, restored to his Estate, as an Innocent Pa∣pist. We proved Eight Qualifications in the Act of Set∣tlement against him, the least of which made him unca∣pable of being restored as Innocent. We proved,

• 1. That he was to have a hand in surprizing the Castle of Dublin, in the Year, 1641.
• 2. That he was of the Rebels party before the 15th. of Sep∣tember, 1643. which we made appear by his hourly and fre∣quent intercourse with Renny O Moore, and many others; being himself the most notorious of the said Rebels.
• 3. That he entred into the Roman Catholick Confederacy before the Peace in 1643.
• 4. That he constantly adheard to the Nunctio's Party, in opposition to His Majesty's Authority.
• 5. That he sat from time to time in the Supream Council of Kilkenny.
• 6. That he signed that execrable Oath of Association.
• 7. That he was Commissionated, and acted as Lieutenant General, from the said Assembly at Kilkenny.
• 8. That he declared by several Letters of his own Penning, himself in Conjunction with Owen Ro Oneale, and a con∣stant Opposer to the several Peaces, made by the Lord Leiute∣nant with the Irish.

We were seven Hours by the Clock in proving our Evi∣dence against him, but at last the King's Letter being opened, and read in Court, Rainsford, one of the Commissioners, to us, That the King's Letter on his behalf was Evidence without Exception, and thereupon declared him to be an Innocent Papist.

This Cause (Sir) hath (though many Reflections have passed upon the Commissioners before) more startled the judgments of all Men, than all the Tryals since the begin∣ning of their sitting; and it is very strange and wonderful to all of the Long Robe, that the King should give such a Letter, having divested himself of that Authority, and reposed the Trust in the Commissioners for that Purpose: And likewise it is admired, that the Commissioners having taken solmn Oaths, To execute nothing but according to, and in pursuance of the Act of Settlement, should, barely upon His Majesty's Letter, declare the Marquess Innocent.

To be short, there never was so great a Rebel, that had so much favour from so good a King: And it is very evi∣dent to me, though young, and scarce yet brought upon the Stage, that the consequence of these things will be ve∣ry bad; and if God of his extraordinary Mercy do not prevent it, War, and (if possible) greater Judgments, can∣not be far from us; where Vice is Patroniz'd, and An∣trim, a Rebel upon Record, and so lately and clearly proved one, should have no other colour for his Actions but the King's own Letter; which takes all Imputations from Antrim, and lays them totally upon his own Father.

Sir, I shall by the next, if possible, send you over one of our Briefs against my Lord, by some Friend: It's too large for a Pacquet, it being no less in bulk than a Book of Martyrs. I have no more at present, but refer you to the King's Letter, hereto annexed.

CHARLES R.

RIght Trusty and well-beloved Cousins and Counsel∣lors, &c. We greet you well.

How far We have been from interposing on the behalf of any of Our Irish Subjects, who by their miscarriages in the late Re∣bellion in that Kingdom of Ireland, had made themselves unworthy of Our Grace and Protection, is notorious to all Men, and We were so jealous in that particular, that

shortly after Our return into this Our Kingdom, when the Marquess of Antrim came thither to present his duty to Us, upon the Information We received from those Per∣sons who then attended Us, by a Deputation from Our Kingdom of Ireland, or from those who at that time own∣ed our Authority there, that the Marquess of Antrim had so mis-behaved himself towards Us, and Our late Royal Father of Blessed Memory, that he was in no degree wor∣thy of the least Countenance from Us, and that they had manifest and unquestionable Evidence of such his Guilt. Whereupon We refused to admit the said Marquess so much as into Our Presence, but on the contrary committed him Prisoner to our Tower of London; where after he had con∣tinued several Months under a strict restraint, upon the continued Information of the said Persons, We sent him into Ireland, without interposing the least on his behalf, but left him to undergo such a Tryal and Punishment, as by the Justice of that Our Kingdom should be found due to his Crime, expecting still that some heinous Matter would be objected and proved against him, to make him uncapable, and to deprive him of that Favour and Pro∣tection from Us, which we knew his former Actions and Services had merited. After many Months attendance there, and (We presume) after such Examinations as were requisite, he was at last dismissed, without any Cen∣sure, and without any transmission of Charge against him to Us, and with a License to transport himself into this Kingdom. We concluded that it was then time to give him some instance of Our Favour, and to remember the many Services he had done, and the Sufferings he had undergone, for his Affections and Fidelity to Our Royal Father, and Our Self; and that it was time to redeem him from those Calamities, which yet do lie as heavy upon him since, as before Our happy Return: And thereupon We recommend him to you Our Lieutenant, that you should move Our Council there, for preparing a Bill to

be transmitted to Us, for the Re-investing him the said Marquess, into the Possession of his Estate in that Our Kingdom, as had been done in some other Cases. To which Letter, you Our said Lieutenant returned Us an∣swer, That you had informed Our Council of that Our Letter, and that you were upon consideration thereof, unanimously of Opinion, that such a Bill ought not to be transmitted to Us, the reason whereof would forthwith be presented to Us from Our Council. After which time We received the inclosed Petition from the said Marquess, which We referred to the considerations and examinations of the Lords of Our Privy Council, whose Names are men∣tioned in that Our Reference, which is annexed to the said Petition, who thereupon met together, and after having heard the Marquess of Antrim, did not think fit to make any Report to Us, till they might see and understand the Reasons which induced you not to transmit the Bill We had proposed, which Letter was not then come to Our Hands: After which time We have received your Letter of the 18th. of March, together with several Petitions which had been presented to you, as well from the Old Soldiers and Adventurers, as from the Lady Marchioness of Antrim, all which We likewise transmitted to the Lords Referees. Upon a second Petition presented to Us by the Lord Marquess, which is here likewise enclosed, commanding Our said Re∣ferees to take the same into their serious consideration, and to hear what the Petitioner had to offer in his own Vindi∣cation, and to report the whole matter to Us, which upon a third Petition herein likewise inclosed, We required them to be expedite with what speed they could. By which de∣liberate Proceedings of Ours you cannot but observe, that no importunity, how just soever, could prevail with Us to bring Our Self to a Judgment in this Affair, without very ample Information. Our said Referees, after several Meet∣ings, and perusal of what hath been offered to them by the said Marquess, have reported unto Us, That they have

seen several Letters, all of them the hand-writing of Our Royal Father to the said Marquess, and several Instructions concerning his treating and joyning with the Irish, in order to the King's Service, by reducing to their Obedience, and by drawing some Forces from them for the Service of Scot∣land. That besides the Letters and Orders under His Ma∣jesty's Hand, they have received sufficient Evidence and Testimony of several private Messages and Directions sent from Our Royal Father, and from Our Royal Mother, with the Privity, and with the Directions of the King, Our Fa∣ther, by which they are persuaded, that whatever Intelli∣gence, Correspondence or Actings, the said Marquess had with the Confederate Irish Catholicks, was directed or al∣lowed by the said Letters, Instructions and Directions; and that it manifestly appears to them, that the King, our Fa∣ther, was well pleased with what the Marquess did, after he had done it, and approved the same.

This being the true state of the Marquess his Case, and there being nothing proved upon the first Information a∣gainst him, nor any thing contained against him in your Letter of March 18. but that you were informed, he had put in his Claim before the Commissioners appointed for ex∣ecuting the Act of Settlement; and that if his Innocency be such as is alledged, there is no need of transmitting such a Bill to Us as is desired; and that if he be Nocent, it consists not with with the Duty which you owe to Us, to transmit such a Bill, as if it should pass into a Law, must needs draw a great Prejudice upon so many Adventurers and Soldiers, which are, as is alledged, to be therein concerned. We have considered of the Petition of the Adventurers and Soldiers, which was transmitted to Us by You; the Equity of which consists in nothing, but that they have been peaceably in Possession for the space of 7 or 8 Years, of those Lands which were formerly the State of the Marquess of Antrim, and others, who were all engaged in the late Irish Rebelli∣on; and that they shall suffer very much and be ruined, if

those Lands should be taken from them. And We have likewise considered another Petition from several Citizens of London, near 60 in Number, directed to our Self, where∣in they desire, That the Marquess his Estate may be made liable to the payment of his just Debts, that so they may not be ruined in the favour of the present Possessors, who (they say) are but a few Citizens and Soldiers, who have disbursed very small Sums thereon. Upon the whole mat∣ter, no Man can think We are less engaged by Our Decla∣ration, and by the Act of Settlement, to protect those who are Innocent, and who have faithfully endeavoured to serve the Crown, how unfortunate soever, than to expose to Ju∣stice those who have been really and maliciously guilty. And therefore we cannot in Justice, but upon the Petition of the Marquess of Antrim, and after the serious and strict Inquisition into his Actions, declare unto you, That We do find him Innocent from any Malice or Rebellious Purpose against the Crown; and that what he did by way of Cor∣respondence or Compliance with the Irish Rebels, was in order to the Service of Our Royal Father, and warranted by his Instructions, and the Trust reposed in him, and that the benefit thereof accrued to the Service of the Crown, and not to the particular advantage and benefit of the Marquess. And as We cannot in justice deny him this Testimony, so We require You to transmit Our Letter to Our Commissioners, that they may know Our Judgments in this Case of the Lord of Antrims, and proceed accord∣ingly. And so We bid you heartily farewel.

Given at Our Court at White-Hall, July 10. in the 15th. Year of our Reign, 1663.

By His Majesty's Command, HENRY BENNET.

Entred at the Signet-Office,

July 13. 1663.

To Our Right Trusty and Right en∣tirely Well-beloved Cousin and Counsellor, James Duke of Or∣mond, Our Lieutenant General and General Governour of Our Kingdom of Ireland; and to the Lords of Our Council of that Our Kingdom.