[Sidenote: Surrender of Muskerry, June 22.]
[Sidenote: Conformity not to be enforced.]
Muskerry and his party accepted the substance of the Leinster articles, but there was a fortnight's debate on certain points. The Irish officers feared lest they should be all held liable for the murder of the English, 'which,' says Ludlow, 'was an exception we never failed to make.' An explanatory article was therefore granted, limiting the guilt to those 'who during the first year of the war have contrived, aided, assisted, acted, or abetted any murder or massacre upon any person or persons of the English not in arms but following their own occupation in their farms or freeholds,' and to those who since that time had taken life knowing that quarter had been given or protection granted. As to religion, Ludlow and his colleagues would go no further than declare 'that it is not our intention nor, as we conceive, the intention of those whom we serve, to force any to their worship and service contrary to their consciences.' Questions as to real estate were, at the request of Muskerry and his friends, 'left to the pleasure of the Parliament,' means being given them for pleading their own cause in London. They themselves asked for this in preference to the clause as to qualifications in the Leinster articles. In consideration of the above, 960 able men marched out of Ross Castle, and at least 3000 more followed their example. Murtagh O'Brien, with about 200 men, kept at large in the Kerry mountains until Waller made them untenable, and then escaped across the Shannon, to give further trouble in Connaught.[237]
[Sidenote: Submission of Grace, Aug. 14.]
[Sidenote: Grace leads 1200 men to Spain.]
Colonel Richard Grace, whose property was in King's County, did not accept the Kilkenny articles, but remained at the head of a considerable force, and burned Birr, which had been partly rebuilt. Three hundred pounds was offered for his head in a proclamation dated May 22, but he managed to cross the Shannon, and burned the towns of Portumna and Loughrea. The country was laid under contribution, and for some days no enemy appeared. Grace had near 3000 men, but they were but odds and ends from various quarters, and were easily surprised by Ingoldsby, who routed the Irish horse and drove the foot into a bog near Loughrea. Grace had to fly with a few men, after which many of his followers dispersed or made terms for themselves. This was on June 20. He managed to recross the river into Leinster and again got some men together, with whom he at last took refuge in a strongly fortified island in Lough Coura, near Birr. Sankey surrounded the lake and made preparations for starving out the party, and Grace, who saw there was no prospect of relief, sued for terms. To avoid a long siege, and also perhaps out of admiration for a brave enemy, Sankey granted the substance of the Kilkenny articles and some further indulgence for the clergy submitting with Grace, who is much praised by the Aphorismical Discovery for insisting on the latter. The priests concerned had leave and four months' time to go beyond sea, with protection in the interval, and a further respite in case of sickness or want of shipping. In the other cases, they had been left at the disposition of the Lord Deputy or Commissioners. Grace had had nothing to do with the original Irish rebellion, but had fought for the King in England until the surrender of Oxford, so that there was some personal reason for favouring him. He carried 1200 men to Spain, but the Government there broke all their agreements with him, and he lost half his regiment by starvation, desertion, and disease. He attached himself to the Duke of York, and died at Athlone fighting against William III. in 1691.[238]