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“peter's not coming to you, he might have suffered some "mischance by going the County-of-Kilkenny way. We there“fore now send you a Copy of that Answer;* to which we "desire your Lordship's resolution. Before we receive which, “we cannot make further answer to the rest of your Letter.

"We therefore desire you will despatch the Safe-conduct “desired, and forbear acts of hostility during the Treaty; - and “yon shall be very soon attended by Commissioners from, ;

? “My Lord, i

"Your Lordship's servant,

“JOHN LYVETT, Mayor of Waterford.”

LETTER 3. To the Mayor and Aldermen of the City of Waterford.
SIRS,

“Before Waterford,' 24th November 1649. My first Trumpet not being yet come to me, makes me suspect that, as you say, he has suffered some mischance going by the way of the County of Kilkenny.

If I had received your Letter sooner, I should nevertheless, by the help of God, have marched up to this place, as I have done. And as for your desire of a Treaty, I am more willing to that way, for the prevention of blood and ruin, than to the other of Force; - although if necessitated thereunto, you and we are under the overruling Power of God, who will dispose of you and us as He pleaseth....

As to a Cessation for Fifteen Days, I shall not agree thereunto; because a far shorter time may bring this Business to a conclusion as well. But for Four or Five Days I am content that there be a Cessation of all acts of hostility betwixt your City and this Army:- provided you give me assurance That, in the mean time, no soldiers not now in your City be received into it, during the Cessation, nor for Twenty-four hours after.

I expect to have your present answer hereto: because, if this be agreed-to, I shall forbear any nearer approach during the said Cessation.

s. Your servant,

OLIVER CROMWELL. . ? . . '* Reply 1; already given.

• I have by this Bearer returned a Safe-convoy, as you desire, for what Commissioners you think fit to send out to me.

No. 15. . EXCHANGE OF PRISONERS: RENEGADO WOGAN.

(Vol. ii. p. 220.] THE Narrative Fragment above cited has these words, in reference to the affair at Passage and its consequences: “At that “time, there being one Captain Caufield a prisoner at Clonmel, “a stranger to the General, but being a prisoner on an English “account, the Army concerned themselves for him, and at a “Council of War certain Votes were passed," which we shall soon read: For Lieutenant-General Farrell, Governor of Clonmel.

'Cork, 4th January 1649.' - “At the Council of War held at the City of Cork, the Fourth “ day of January, Anno Domini 1649, whereat the Lord-Lieu"tenant of Ireland, the Lord President of Munster, * Sir Hard“ress Waller knight, and divers other chief Officers of the Army “were present, it was resolved as followeth:

“1. That a Letter be sent, by Lieutenant-General Farrell's “Trumpet, to let him know, That for every private Foot-soldier “of our party, prisoner with him, whom he shall release, he "shall have so many of his private soldiers, prisoners with us, “released for them; and for every Trooper of ours which he “shall release, he shall have Two private Foot-soldiers released 6 for him.

“2. That the Lord-Lieutenant is ready to release Officers of "like quality for such Officers of ours as are in their power; and "that he will deliver a Major of Foot for a Captain of Horse, "and Two Captains of Foot for a Captain of Horse; and so pro"portionably.

*"3. Or that he will deliver Major-General Butler, the Earl “of Ormond's Brother, for those Officers of ours now in their "custody."

1.

Sir,

3. Having lately received an advertisement, that some of the principal Officers of the Irish Army did send menacing Orders

& Fragment of Narrative: in Ayscough M88. no, 4769, p. 95 et seqq.

* Ireton. Carlyle, Cromwell. IV.

ATENHARD TAUCHNIK

26. SEP. 1861

to the Governor of Clonmel, to be communicated to the Lord Broghil, That if we did put to death Colonel Wogan, they were ready to put Captain Caufield to death, - I thought fit to offer to you the equal Exchanges before mentioned ; leaving you to your election. Which when you perform, there shall be just and honest performance on my part. And withal to let you know, That if any shall think to put such conditions on me that I may not execute a Person so obnoxious as Wogan, -- who did not only betray his trust in England, but counterfeited the General's hand, thereby to carry his men (whom he had seduced) into a Foreign Nation,* to invade England, under whom he had taken pay, and from whose service he was not discharged; and with the said Nation did invade England; and hath since, contrary to the said trust, taken up arms here:- That 'then, I say,' as I am willing to the Exchanges aforesaid; so, 'if' that equality be denied me, I would that all concerned should understand, That I am re. solved to deal with Colonel Wogan as I shall see cause, and be satisfied in my conscience and judgment to do. And if any. thing thereupon shall be done to Captain Caufield as is menaced, I think fit to let you know, That I shall, as God shall enable me, put all those that are with me at mercy for life, into the same condition.

Your servant,

OLIVER CROMWELL.S

No. 16. IRELAND: ARRANGEMENTS FOR THE ADMINISTRATION OF JUSTICE

THERE.

(Vol. ii. p. 222.); For my very worthy Friend Juhn Sadler, Esq., one of the Masters of the

Chancery in England: These.
Sir,

Cork, 31st Dec. 1649. To put a business of weight suddenly to your consideration may perhaps beget so much prejudice as may cause you either not to think of it at all, or to incline to the worser part 1649.)

* Scotland : to join Hamilton and his Engagement. & Fragment of Narrative: in Ayscough m88, no. 476

ora.

ADMINISTRATION OF JUSTICE; IRELAND.

355

when you resolve. The thing I have to offer hath been thought upon by us, as you will perceive by the reasons wherewith we enforce it; and we do willingly tender it to you; desiring God, not you, may give us the answer.

That a Divine Presence hath gone along with us in the late great transactions in this Nation, I believe most good men are sensible of, and thankful to God for; and are persuaded that He hath a farther end; and that as by this dispensation He hath manifested His severity and justice, so there will be a time wherein He will manifest grace and mercy, in which He so much delights. To us who are employed as instruments in this work the contentment that appears is, That we are doing our Master's work; that we have His presence and blessing with us;- and that we live in hope to see Him cause wars to cease, and bringing in that Kingdom of Glory and Peace which He hath promised. This being so, as the hope thereof occasions our comfort, so the seeing some way made already cannot but “raise' hope that goodness and mercy intends to visit this poor Island. Therefore in what we may as poor instruments, we'cannot but be endeavouring to answer the mind of God as any opportunity offers itself.

First let me tell you, in divers places where we come, we find the people very greedy after the Word, and flocking to Christian meetings; much of that prejudice that lies upon poor people in England being a stranger to their minds. And truly we have hoped much of it is done in simplicity; and I mind you the rather of this because it is a sweet symptom, if not an earnest, of the good we expect.

In the next place, our condition was such at our arrival here, - by reason of the War, and prevalency of the Enemy, - that there was a dissolution of the whole frame of Government; there being no visible authority residing in persons entrusted to act according to the forms of law, except in two eorporations (Dublin and Derry at our arrival], in this whole Land. And although it hath pleased God to give us much territory, yet how to fall suddenly into that way again, I see not; nor is it for the present practicable. Wherefore I am

constrained, of my own authority, to issue out Commissions to persons to hear and determine the present controversies that do arise, as they may.

Sir, it seems to me we have a great opportunity to set up, until the Parliament shall otherwise determine, a way of doing justice amongst these poor people, which, for the uprightness and cheapness of it, may exceedingly gain upon them, — who have been accustomed to as much injustice, tyranny and oppression from their landlords, the great men, and those that should have done them right, as (I believe) any people in that which we call Christendom. And indeed they' are accounted the bribing'st (so to speak ! people that are; they having been inured thereto. Sir, if justice were freely and impartially administered here, the foregoing darkness and corruption would make it look so much the more glorious and beautiful; and draw more hearts after it! — I am loath to write what the consequences might be, or what may be said upon this subject; — and therefore I shall let you know my desire in a word.

There uses to be a Chief-Justice in the Province of Munster, who having some others with him in assistance uses to hear and determine Causes depending there; you are desired by me to accept of that employment. I do believe that nothing will suit your mind better than having a standing Salary for the same; that so you may not be troubled with common allowances, which have been to others (I doubt) but a colour to their covetous practices. I dare assure you 'of' £1,000 a-year, half-yearly, to be paid by even parts, as your allowance; - and although this be more than hath usually been allowed, yet shall we have wherewith readily to make performance, if you accept.

I know not how far this desire of mine will be interpreted by you as a call: but sure I am I have not done anything with a clearer breast, nor wherein I do more approve my heart to the Lord and His people in sincerity and uprightness; - the Lord direct you what to do. I desire a few things of you: let my Letter be as little seen as you may; - you know what

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