[Sidenote: Capitulation of Limerick, Oct. 27.]
[Sidenote: Persons exempted from quarter.]
[Sidenote: Excommunication and interdict have no effect.]
[Sidenote: O'Neill surrenders to Ireton.]
The articles offered to the besieged in June and July had been on the whole favourable, but an exception was made as to those who 'committed the murders and outrages in the first insurrection before the first General Assembly.' The members of that first Assembly and the clergy generally were also denied all protection, so that the city contained many desperate men, who naturally prolonged the siege as far as possible. This mistake was not now repeated, but twenty-two persons were excepted by name, who were all known or believed to have deceived or overawed the generality of the people into 'the obstinate holding out of the place.' All spies and a single Welsh deserter were also excepted. Of those named, the most important were Hugh O'Neill, the governor, the Bishops of Emly and Limerick, Major-General Purcell, Ormonde's old enemy, Alderman Fanning, and Geoffrey Barron, amongst the others being a few priests and friars. The corporation and the military officers met, and decided 'that the treaty should go on, and that they should not stick for any person exempted, or to be exempted, from quarter of life or goods'; but when they met next morning to choose commissioners, the two bishops, accompanied by others of the clergy, appeared, and threatened to excommunicate them all 'if they should deliver up the prelates to be slaughtered.' But the danger was too pressing and ecclesiastical censures had become too common, so that the commissioners were named nevertheless. The sentence of excommunication and a perpetual interdict of the city were posted on the church doors, whereupon Colonel Fennell and others were sent to seize St. John's Gate and the adjoining tower. O'Neill remonstrated, but Fennell said he had orders from the mayor and chief citizens. The governor, whose military authority at least had hitherto been unquestioned, then summoned a court-martial, but Fennell refused to appear. Lord Castleconnell took his part, so that no sentence was passed; and Fennell, who had the keys and some powder from the mayor, turned the guns upon the town, and said plainly that he would not leave his post until surrender was decided on. At last Ireton's preparations were complete, and seventeen heavy shot were discharged with great effect against one spot in the wall, whereupon a drum was sent out and negotiations began in earnest. Two hundred 'redcoats' were admitted by Fennell into the gate-tower, and on October 27 the articles of capitulation were signed. According to one account, Fennell even threatened O'Neill with a pistol, when that brave soldier rode out alone and delivered his sword to Ireton himself, who treated him honourably. Fennell was not among the twenty-two specially exempted from the benefit of the articles, but they did not protect him or others 'from prosecution to justice in a judicial way for any crimes they might be guilty of.' There is perhaps no positive evidence against him, though he has always been considered a traitor by writers on the Irish side. He was accused of a plot to give up Clonmel; and Castlehaven, who is not much given to calling names, accuses him of cowardice or treachery in quitting his post at Killaloe and flying to Limerick, after the fall of which, 'Ireton, with more than his usual justice, hanged him. Some say he was carried to Cork and there pleaded for his defence how he had betrayed me before Youghal; but his judges would not hear him on his merits, but bid him clear himself of the murders laid to his charge.'[216]