[Sidenote: The Parliament as avengers of blood.]
[Sidenote: Murderers exempted from pardon.]
Even after the surrender of Galway the Leinster army under Westmeath's command had still an administrative existence; but its leaders saw no prospect of ultimate success, and were ready to make such terms as might still be possible. The Parliamentary Commissioners were at Kilkenny on April 17, and had a conference with the chief officers of the army, where Dr. Jones, the Scoutmaster-General, produced an abstract of the depositions taken as to murders committed in the early days of the rebellion. This document was forwarded to Parliament and read there on May 18, the Commissioners and officers 'fearing lest others who are at a greater distance might be moved to the lenity which we have found no small temptation in ourselves,' forget past abominations, and make too tender concessions. But very few of the English who had any personal knowledge of the original massacres were still living, and it would therefore be hard to bring the guilt home to individuals. The whole Irish nation had to some extent condoned them, and Parliament was bound to take order for punishment 'in duty towards God, the great avenger of such villainies, who hath from the beginning of the war to this present always in your appeal by war against them appeared most signally.' Murderers or their aiders and abettors were not led to expect clemency, but the Commissioners declared that all persons living in Ireland should have the benefit of the Act dated September 27, 1650, repealing the clauses in Elizabethan statutes which imposed penalties for not going to church. This was a step in the direction of toleration, but the Act had been really intended for the relief of those who disliked the Book of Common Prayer, and provided also for the prosecution of those who did not attend some place of worship, and would be difficult to apply to those who would have nothing but the forbidden mass.[235]
[Sidenote: The Leinster articles, May 12, 1652.]
After much discussion, it was agreed that eleven regiments of foot and six of horse should lay down their arms by June 1 at Mullingar, Maryborough, Carlow, or Kildare. The military articles were liberal enough, officers retaining horses and arms, non-commissioned officers and men whose horses were taken receiving compensation. Officers were allowed to serve any foreign State in amity with the Commonwealth, and to carry 6000 men with them, the Commissioners undertaking to get leave for 6000 more if they could. Life and personal estate were secured, and owners of land were promised 'equal benefit with others in the like qualification with themselves,' when Parliament had made up its mind. Murder and robbery of persons not in arms might still be questioned 'according the due course of law,' and the benefit of the articles was withheld from those who killed Parliamentary soldiers after quarter given. 'Priests or Jesuits, or others in Popish orders,' were to be dealt with as the Irish Government thought fit. The Commissioners were well satisfied with their work, which they had been obliged to do without positive orders from Parliament, for the Irish, being driven out of all forts, had nothing to do but range about the country, 'retiring as they saw advantage to their bogs and fastnesses.' The Parliamentary officers had now for the first time leisure to deal with Clanricarde and with Muskerry, who had 3000 foot and 600 horse.[236]