The no-quarter ordinance
On October 24, 1644, both Houses at Westminster passed an ordinance to the effect that no quarter should be given to any Irishman, nor to any Papist born in Ireland, taken in hostility against the Parliament in England and Wales or on the high seas. All officers by land and sea were therefore ordered to leave all such Irishmen and Papists out of every capitulation, agreement, or composition. If taken, they were to be ‘forthwith put to death.’ When the French National Convention made a similar order about British prisoners, French officers refused to carry it out; and the majority in the Long Parliament evidently feared such a refusal, for they declared that every officer neglecting to observe their ordinance should be ‘reputed a favourer of that bloody rebellion in Ireland,’ and liable to such condign punishment as both Houses might inflict. Pym and Hampden were dead, and it is uncertain under whose influence this savage decree was passed; but it seems that Captain Swanley and others had anticipated it by throwing prisoners into the sea, and that they had been blamed for so doing, as there were many English prisoners in Ireland upon whom it would be easy to retaliate.[61]
Inchiquin at Cork and Kinsale.
Harsh treatment of the citizens.
Broghill at Youghal.
The Covenant.
The Queen on Irish Protestants.
Cork had some time ago agreed to give 4000l. for the support of the army, and a part of this sum still remained unpaid. Inchiquin’s first order during the last week in July was that the citizens should pay the balance or make up its value in provisions and bedding. All the Roman Catholic inhabitants were ordered to leave the town, except the mayor and aldermen and their families, one hundred men selected by the rest, the widows of aldermen, and the sick. They were to carry out nothing with them, but if the supplies required were provided, they were to be allowed to return from time to time and carry off all their property, but not to remain in the town during the night. Robert Coppinger, the mayor, made the best fight he could, but, according to his own account, Inchiquin exacted more corn and money than was owing, and was very harsh in other ways. He gave warrants, says Coppinger, to enter the houses of the banished inhabitants, to carry off almost everything that might be useful to the garrison, ‘leaving all the doors of the houses wide open, and exposed, with all the rest of the goods therein remaining to the insolency of the common soldiers.’ When the people came back for their property, according to the proclamation, there was very little left. From the nature of the case, and from what we know of Inchiquin, it is not likely that the work was very gently done; but it is nowhere alleged that any life was lost. Similar measures were taken at Youghal and Kinsale. Broghill was governor of the former town, and he forbade all officers, soldiers, and others ‘to break open the houses of any persons who have in obedience to my proclamation left this town,’ or to plunder any Irish Papists ‘on pain of death.’ On August 24 eleven parliamentary ships entered Cork harbour, while seven appeared at Youghal and six at Kinsale. Proclamation was at once made that all civilians should leave Cork unless specially licensed to remain, giving security to keep themselves in provisions for six weeks. All Irish Roman Catholics were henceforth to leave the town at six until Michaelmas, and at five after that day, so that the garrison might be always ready to resist an attack. A market was established outside the north gate. The Youghal people took the Covenant, and Inchiquin told Ormonde that he should be compelled to do the same, unless the Lord Lieutenant put himself at the head of the Protestant movement. A stringent oath was at the same time administered to Protestants, who declared themselves allied for defence and swore never to make peace until the terms were approved by Parliament as well as by the King. Colonel Brockett, governor of Kinsale, wrote to Ormonde in commendation of Inchiquin’s zeal, and announced that a ship laden with provisions had come from Middleburgh to Cork for the relief of the distressed Protestants. A little later in the year there was a curious intrigue, the object on both sides being probably to see how far Ormonde would go. Major Muschamp, the governor of Cork fort, let Muskerry know that he had Royalist leanings and might be induced to surrender his post to the Lord Lieutenant. Muskerry forged an order from Ormonde to deliver the place to him. Muschamp said the order must be placed in his hands; but this Muskerry refused for obvious reasons. The plot came to nothing, and Muschamp told the whole story to Inchiquin in presence of his staff. Ormonde was doing his best to serve the King without betraying the Protestant cause, but he had little thanks from anyone. That Henrietta Maria should call Inchiquin a miserable knave was not to be wondered at. As to Ormonde, she is reported to have said it was hard to trust him or ‘any Irishman that is a Protestant, for every Irishman that goes to church does it against his conscience, and knows he betrays God.’ The letter containing this passage was intercepted, and a certified copy came to Ormonde’s hands.[62]
First negotiations for peace, September 1644.
The result of Ormonde’s application to Muskerry and his colleagues in the Oxford business was a letter from the general assembly of the Confederates appointing commissioners to treat for peace. The Oxford agents, all lawyers except Muskerry, Antrim’s brother, and Colonel O’Brien, were nominated, with the addition of Mountgarret, Antrim, Archbishop Fleming, Sir Richard Everard, Patrick Darcy, and John Dillon. Of these commissioners, Martin, Dillon and Barron were afterwards proposed by the Confederates as judges of the superior courts, and nearly all the others as Privy Councillors. Ormonde objected at once to ‘your Archbishop of Dublin, who, though a man as free from exception (as unto his person) as any we could expect to be treated with, for we have heard exceeding much good of him, and we do believe no less, so as if we were to admit any of his function he should be the man.’ He had already announced that he would not treat with any clergyman, and the Confederates gave way. Some delay had been caused, and the commissioners did not meet Ormonde until September 1, when they practically repeated the Oxford propositions. The cessation was at once prolonged to December 1, and questions of statute law and of title to land being involved, a committee of lawyers was appointed to assist the Lord Lieutenant. The chief demands were the repeal of the penal laws, the suspension of Poynings’ Act, and the power of their ‘free Parliament’ to try offences. They were all rejected.