sufficiency might be sent into the town from his Lord-
ship to confer with him, whom he would acquaint
with such conditions as he then stood upon ; which
being granted by his Lordship, Sir "William Godolphin
was employed in that negotiation ; which in what sort
it was carried, bee. -ise it importeth much, in respect
of many particularities of special moment to be con-
sidered, it is thought necessary it should be here more
largely delivered. His first conference with Sir
William Godolphin tendeth to this : That having
found the Lord Deputy (whom he termeth the Viceroy)
although a sharp and powerful opositor yet an
honourable enemy, and the Irish not only weak and
barbarous ^ but, as he feared, perfidious friends, he
^ I do not know any authority for that saying so often attributed
to Don Juan : " Surely Christ never died for this people." One of
his officers did use that expression.
72 Pacata Hibernia.
Tvas so far in liis affection reconciled to the one and
distasted with the other as did invite him to make an
overture of such a composition as might be safe and
profitable for the State of England, with less prejudice
to the Crown of Spain, by delivering into the Viceroy's
power the town of Kinsale, with all other places in
Ireland held by the Spanish, so that they might depart
upon honourable terms, fitting such men of war, that
are not by necessity forced to receive conditions, but
willingly induced for just respects to disengage them-
selves and to relinquish a people by whom their king
and master had been so notoriously abused, if not
betrayed : that if the Viceroy liked to entertain further
parley touching this point he would first be pleased
to understand them rightly and to make his proposi-
tions such as might be suitable to men thoroughly
resolved rather to buiy themselves alive and to endure
a thousand deaths than to give way to one article of
accord that should taste of baseness or dishonour, being
so confident of their present strength and the royal
second of Spain that they should make no doubt of
yielding good account of themselves and their interest
in this kingdom ; but that a just disdain and spleen
conceived against the nation dissuaded them from
being further engaged for it than of force they must.
Sir William Godolphin, being commanded by the Lord
Deputy only to receive Don Juan's propositions and
demands, having made his Lordship and Council this
relation was by them returned with the answer
following. That howbeit the Lord Deputy, having
lately defeated their succours, did so well understand
his own strength and their weakness, as made him
nothing doubt of forcing them within a very short
time, whom he did know to be pressed with irresist-
Pacata Hibernia. 73
ible diflBcnlties, how much soever they laboured to
cover and conceal the same ; yet knowing that her
sacred Majesty, out of her gracious and merciful
disposition, would esteem the glory of her victory to
be blemished by a voluntary effusion and an obstinate
expense of Christian blood, was content to entertain
this oflfer of agreement so that it might be concluded
under such honourable articles of her Highness as the
advantage she had against them gave reason to demand,
being the same which are sent with this dispatch
signed by Don Juan, the leaving of his treasure,
munition, artillery, and the Queen's natural subjects
to her disposition only excepted : all which points he
did peremptorily refuse, with constant asseveration
that both he and all his would rather endure the last
misery than be found guilty of so foul a treason
against the honour of his prince and the reputation
of his profession, though he should find himself un-
able to subsist, much more now when he might not
only hojDe to sustain the burthen of the war for a time,
but with patience and constancy in the end to over-
come it : that he took it so ill to be understood in
having articles of that nature propounded to him that
were they but once again remembered in the capitula-
tion the Viceroy should henceforth use the advantage
of his sword and not the benefit of his former offers ;
adding that the Viceroy might rather think to have
made a good and profitable purchase for the Crown of
England if, with the expense of two hundred thousand
ducats, he had procured Don Juan to quit his interest
and footing but in Baltimore, to say nothing of Kin-
sale, Castlehaven, and Bearehaven ; " for," said he,
*' suppose that all we, with the rest of our places here,
had perished, yet would that peninsula, being strong
74 Pacata Hibernia.
in its own nature, bettered by our art and industry,
provided, as it is, with victuals, munition, and good
artillery, preserve to the King of Spain a safe and
commodious port for the arrival of his fleet, and be
able to maintain itself against a land army of ten
thousand until Spain, being so deeply engaged, did in
honour relieve them, which would draw on a more
powerful invasion than the first, being undertaken
upon false grounds, at the instance of a base and
barbarous people, who in discovering their weakness
and want of power have armed the King my master to
rely upon his own strength, being tied in honour to
relieve his people that are engaged and to cancel the
memory of our former disaster ; but this was spoken,"
said he, " in case the Viceroy were able to force this
town, as I assure myself he cannot, having upon mine
honour within these walls,^ at this instant, above two
thousand fighting men, who are strong and able,
besides those who, having been sick and hurt, recover
daily — the greatest part of these composed of old
soldiers, who fall not but by the sword, and those who
were new, being now both trained to their arms and
grown acquainted with the climate, are more able to
endure than at first. Our means are as good as they
have been any time these two months, such as the
Spaniards can well away withal, and thereof to suffice
us for three months more ; we lodge in good warm
houses, have store of munition, and (which is best of
all) stand well assured that our succours will be
^ Carlyle says, *' the Spaniards wore incontestably the noblest nation
of Europe in the sixteenth century." Every Spaniard who appeared
in Ireland in this century supplies his quota of proof to that verdict.
When Don Juan declares, as here, that he has 2000 fighting meri,
strong and able, within the walls, we know that he can bo writing
nothing but the truth. That he did so, we shall see later ou.
Pacata Hibernia. 75
shortly here. To be plain, we preserve our men and
reserve our strength the best we may, hoping to front
you in a breach, which, if our hearts fail us not, we
have hands and breasts enough to stop against treble
your forces ; though I will give the Viceroy this right,^
that his men are passing good, but spent and tired
out with the misery of a winter siege, which he hath
obstinately maintained beyond my expectation, but
with such caution, and upon so good guard, that,
having nicely watched all advantages, I could never
fasten a sally yet upon him but with loss to myself,
wherein I must acknowledge my hopes deceived that,
grounding on some error in his approaches, promised
myself the defeat of at least one thousand men at one
blow ; but when we meet on the breach I am con-
fident, upon reason, to lay five hundred of your best
men on the earth, and rest hopeful that the loss of
those will make a great hole in an army that hath
already suffered so much extremity ; but, to conclude
our business, the King, my master, sent me to assist
the condees O'Neale and O'Donnell, presuming on
their promise that I should have joined with them
within a few days of the arrival of his forces. I
expected long in vain, sustained the Viceroy's arms, saw
them drawn to the greatest head they could possibly
make, lodged within two miles of Kinsale, reinforced
with certain companies of Spaniards, every hour pro-
mising to relieve us, and, being joined together to force
your camps, saw them at last broken with a handful of
men, blown asunder into divers parts of the world ;
O'Donnell into Spain, O'Neale to the furthest part of
the north, so that now I find no such condees in rerum
^ Observe that this high compliment, whatever Don Juan intended
by it, is in fact addressed to the Irish, the Royalist Irish.
76 Pacata Hibernia.
natura (for those were the very words he used) that
I came to join withal ; and therefore have moved this
accord the rather to disengage the King, my master,
from assisting a people so unable in themselves that
the whole burthen of the war must lie upon him, and
so perfidious that perhaps might be induced in requital
of his favour ^ at last to betray him."
Upon relation made by Sir William Godolphin to
the Lord Deputy and Council of these offers of Don
Juan, which at several conferences had been brought
to such heads that by the articles between them is
more particularly specified, it was thought good, for
divers important reasons, to proceed roundly to the
agreement ; for whereas in the propositions by him
made there was not anything that admitted excep-
tions on our part, but only that he required to carry
with him his ordnance, munition, and treasure, that
being no way prejudicial to the main scope or drift of
our treaty, which chiefly respected the common good
and safety of the kingdom, deserved not almost to be
thought upon. Besides that, the treasure being at first
but one hundred thousand ducats, with four months'
payment of so many men, and other necessary deductions,
could not be but very nearly wasted, and that little re-
mainder more fit for a prey to the poor soldiers, after
this tedious travel, than for a clause in the composition.
Furtliermore, how needful it was to embrace this
accord, may clearly be seen by whosoever considereth
the state of our army, almost utterly tired ; liow full
of danger and difficulty it was to attempt a breach
' I must again remind the reader that all nations in that stage of
development to which the Irish hail attained at this time, are and
must be what is called perfidious. Atoms not conipncted by force
into an oifjanism will follow each the law of iu own nature.
Pacata Hibernia.
//
defended by so many hands ; how much time it might
have cost us if we had lodged in the breach, before we
could have carried the town, being full of strong
castles; how Her Majesty's ships and others being in the
harbour should have been forced speedily to forsake
us for want of victuals ; how ourselves were not pro-
vided for above six days at the time of this parley ;
that we had neither munition nor artillery but for one
battery, in one place at once, five of our pieces being
before erased ; and, finally, that if we had missed of
our purpose the whole country had been hazarded.
Furthermore, that which seemed of greatest conse-
quence to induce his Lordship to this agreement was
that the Spaniards in Baltimore, Castlehaven, and
Bearehaven, by virtue of this contract, were likewise
to surrender those places and depart the country,
which how hard a matter it would have proved, and
how long and dangerous a war it would have drawn
on, to root them out, they being strongly fortified and
well stored with victuals, munition, and artillery, may
easily be conjectured ; for that of necessity the army
for some space must have rested, and in the end have
been constrained after a new supply of necessaries (to
Her Majesty's intolerable charges) to transport them-
selves thither by sea, the way by land being impass-
able, in which time their succours out of Spain in all
likelihood would have been come to them ; the King
being so far engaged in his honour to second his
enterprise, and we barred of that prosecution of the
rebels which now by this agreement we may wholly
intend.
For which considerations the Lord Deputy and
Council thought it in their wisdoms meet to con-
descend to more indifferent conditions, which being
yS Pacata Hibernia.
propounded and agreed upon by Don Juan, these
articles ensuing were signed and sealed on both
parts : —
The Articles of Composition between the Lord
Deputy and Council and Don Juan de Aquila.
mountjoy.
In the town of Kinsale, in the kingdom of Ireland,
the second day of the month of January, 1601,
between the noble lords the Lord Mount] oy, Lord
Deputy and General in the kingdom of Ireland,
and Don Juan de Aquila, Captain and Camp-
master-General, and Grovernor of the army of
His Majesty the King of Spain, the said Lord
Deputy being encamped and besieging the said
town and the said Don Juan within it, for just
respects, and to avoid shedding of blood, these
conditions following were made between the said
lords general and their camps, with the articles
that follow: —
First, that the said Don Juan de Aquila shall quit
the places which he holds in this kingdom, as well of
the town of Kinsale as those which are held by the
soldiers under his command in Castlehaven, Baltimore,
and the castle of Bearehaven, and other parts, to the
said Lord Deputy, or to whom he shall appoint, giving
him safe transportation (and sufficient) for the said
people of ships and victuals, with which the said Don
Juan with them may go to Spain, if he can at one
time, if not in two shippings.
Item : That the soldiers at this present being under
the command of Don Juan in this kingdom shall not
bear arms against Her Majesty the Queen of England,
Pacata Hibernia. 79
wheresoever supplies shall come from Spain, till the
said soldiers be unshipped in some of the ports of
Spain, being despatched (as soon as may be) by the
Lord Deputy, as he promiseth upon his faith and
honour.
Item : For the accomplishing whereof the Lord
Deputy offereth to give free passport to the said Don
Juan and his army, as well Spaniards as other nations
whatsoever, that are under his command, and that he
may depart with all the things he hath, arms, muni-
tions, money, ensigns displayed, artillery, and other
whatsoever provisions of war, and any kind of stuff,
as well that which is in Castlehaven as Kinsale and
other parts.
Item : That they shall have ships and victuals,
suflficient for their money, according and at the prices
which here they use to give ; that all the people and
the said things may be shipped (if it be possible) at
one time, if not at two, and that to be within the
time above named.
Item : That if by contrary winds or by any other
occasions there shall arrive at any port of these king-
doms of Ireland or England any ships of these (in
which the said men may go) they be treated as friends,
and may ride safely in the harbour, and be victualled
for their money, and have moreover things which they
shall need to furnish them for their voyage.
Item: Daring the time that they shall stay for
shipping, victuals shall be given to Don Juan's people
at just and reasonable rates.
Item : That of both parts shall be cessation of arms
and security that no wrong be offered anyone.
Item : That the ships in which they shall go for
Spain may pass safely by any other ships whatsoever
8o Pacata Hibernia.
of Her Majesty's the Queen of England ; and so sliall
they of the said Queen and her subjects by tliose that
shall go from hence, and the said ships being arrived
in Spain shall return, as soon as they have unshipped
their men, without any impediment given them by
His Majesty, or any other person in his name, but
rather they shall show them favour, and help them, if
they need anything ; and for security of this, they
shall give into the Lord Deputy's hands, three
captains such as he shall choose.
Por the security of the performance of the articles,
Don Juan offereth that he will confirm and swear to
accomplish this agreement ; and likewise some of the
captains of his charge sliall swear and confirm the
same in a several writing.
Item : That he in person shall abide in this king-
dom where the Lord Deputy shall appoint till the
last shipping, upon his Lordship's word ; and if it
happen that his people be shipped all at once, the said
Don Juan shall go in the same fleet without any im-
pediment given him ; but rather the Lord Deputy
shall give a good ship in which he may go ; and if his
said men be sent in two shippings then he shall go
in the last.
And in like sort the said Lord Deputy shall swear
and confirm and give his word in behalf of Her
Majesty the Queen and his own to keep and accom-
plish this agreement, and jointly the Lord President,
the Lord Marshal of the Camp, and the others of
the Council of State, and the Earls of Thomond and
Clanricard shall swear and confirm the same in a
several writing.
I do promise and swear to accomplish and keep these
articles of agreement, and promise the same
Pacata Hibernia. 8 1
likewise on the behalf of His Majesty Catholic,
the King, my master,
George Caeew.
Thomond.* Don Juan de Aguila.
' Clanrioard.
Richard Wingfield.
Robert Gardiner.
George Bourchier.
Richard Levison.
* The Earl of Thomond, several times mentioned already, was,
like young Clanricarde, son of an Earl who had been in rebellion.
His House, too, had made terms with the State at a penny an acre
rent, and was now zealous in warring down all other chieftains who
stood upon regalities. Clare, the O'Brien country, was at this time
a part of Connaught. The Earls of Thomond and Clanricarde, that
is to say, the sept of the High Burkes and the sept of the O'Briens,
were the chief pillars of the State in the west.
Nearly all the names appended to the treaty were those either of
Irishmen or of men born in Ireland. Kichard Wingfield is ancestor
of our Viscounts Powerscourt.
VOL. II.
CHAPTER XXIV.
The names of the hostages delivered by Don Juan — Don Juan's
demand of victuals for the transportation of his men — The
victuals ■which were delivered to Don Juan and their rates — The
number of Spaniards who were transported out of Ireland — The
Lord Deputy broke up his sieg3 and returned to Cork — Captain
Harvy's commission for his government.
The day the articles were signed, Don Juan dined
with the Lord Deputy, and tbe next day the Lord
President (having Sir Richard Levison and Sir
"William Godolphin in his company) was sent into the
town of Kinsale, where he dined with Don Juan, to
treat with him about such shipping and victuals as he
would demand for the transportation of his men,
and at what rates, for which ready money was to be
paid ; and also to demand of him the three captains
whom the Lord Deputy had made choice of, who
were Don Pedro Morijon, Captain Pedro Cuaco, and
Captain Diego Gonzales Sigler, to remain pledges until
the return of the ships. The demands he made of
victuals and tonnage for the victualling and transport-
ing of three thousand two hundred men remaining in
Kinsale, Castlehaven, Baltimore, and Donboy, whereof
two thousand six hundred in Kinsale, and six hundred
at the places aforesaid, were as folio weth : —
First his demands were six weeks' victuals, in form
following :
Pacata Hibernia. 83
For every week four days flesh, three days fish.
For every flesh-day, bread four-and-twenty ounces
for a man, and six of beef.
For every fish-day, four-and-twenty ounces of bread,
six ounces of fish, and one ounce of butter.
For every hundred men, one pipe of wine, besides
water.'
For shipping, for every three men, two tuns, and
he to give forty shilKngs the tun, and his men to bo
landed at the first port they can touch in Spain.
For the expediting of these demands, the Lord
Deputy gave present directions to all the ports within
the province for the taking up of shipping, and
warrant to Allen Apsley (the commissary for the
victuals in Munster) to issue out of the Queen's store,
according to the demands made, these quantities of
victuals ensuing, for which he should receive money
of Don Juan, whereby the magazine might be sup-
plied : —
Towards the accomplishing whereof, the commis-
^ All this is interesting as showing the diet of a Spanish soldier in
this century. Scotch and Irish soldiers serving the insurgent lords at
this time made no demand for meat, only for milk, butter, and oatmeal ;
no beer or whisky. Irish soldiers serving the Queen got beer,
" the absence of which driveth them to drink large quantities of
water which breedeth many diseases." Such at least was the opinion
of Fenton, head of the fiscal department, who was very strong for
beer as a good liquor for men marching and fighting. Sir Henry
Sidney was called " Big Henry of the beer," he was so fond of serving
out that beverage to his men. Possibly the Queen's beer attracted
to her service many fighting men who would otherwise have
served the insurgent lords, and if that be so, as doubtless it was, beer
was a chief agent in the incorporation of Ireland in the Empire. A
penny a day and diet was the pay of the lowest order of soldier, the
Kerne or light foot. Tyrone and O'Donnell paid at this rate. Now
as a penny then was more than equivalent to a shilling to-day, it
follows that the Irish lords paid their soldiers as well, or even a good
deal better, than the mighty British Empire pays the British soldier
in our times. Shot and gallow-glasses were paid higher rates.
G 2
84 Pacata Hibernia,
sary of the victuals delivered this ensuing proportion,
viz. : —
li. £ 8. d.
Biscuit . 186,052 20G7 4 8
Butter . G,304 157 12 3
Flesh . . 47,394 789 18
Fish . . 18,339 305 13
Rice . . 1,235 30 17 6
Summa tot, £3351 5 5
"Which being with all possible convenience dis-
patched, haste was made for their embarking at two
sundry times. There were shipped at Kinsale, the care
whereof was committed to Captain Francis Slingsby,
2070 ; at Baltimore and at Castlehaven, by Captain
Roger Harvy, 415 ; in all 3025, besides captains,
inferior officers, priests, and religious men, and a great
company of Irish. ^
The fourth of January a Spanish ship appeared by
the Old Head of Kinsale, hovering before the harbour
mouth. The Lord Deputy, having concluded the com-
position with Don John for the rendering of the town
of Kinsale, sent a boat with some men in her to let
them know that Don John and he were good friends,
and therefore he might safely come in without any
danger (in which boat was one Thomas Foster, a
nephew to Sir Anthony Cooke), which message, as soon
as it was delivered, the captain of the ship took in all
the men, hoisted sail, and stood away with all speed
for Spain. This might seem to be an action performed
with no good approbation, in putting those men into
• Don Juan seems to have altered his opinion of Irish fighting
qualities when he brought off with him this great company of Irish.
In fact his cenaures were applied only to the Confederate Iriah.
Pacata Hibernia. 85
their power; but, whether it be justifiable or not,
the success proved it to be of very great consequence,
for though the news of the defeat of the Irish army
was come into Spain by O'Donnell and those with
him, yet Don John stood firm in Kinsale, without
danger to be much pressed by the Deputy, soliciting
new forces, hoping thereby to repair their former losses,
to reunite their dispersed companies, and to overthrow
the English forces, being much spent and sorely
weakened by their winter siege. Before the arrival
of O'Donnell seconds were in preparing, and, after his
arrival, both increased and much hastened, as may
appear by the letters intercepted, which came out of
Spain to Don John, when he was at Cork, from the
King of Spain, the Duke of Lerma, the secretary
Ibarra, and others ; but when they understood by
those men that Don John had compounded for the
rendering of Kinsale and for their returning into
Spain it put them to a stand for their proceedings,
and they at last concluded to give over the attempt,
finding so little assistance either in the power or
courage of the Irish ; and if this had not fallen out
thus, and those seconds had come and landed in Ire-
land, it might have been much doubted, or rather
positively believed the contrary, that those Spaniards
would not have been bound by Don John's articles,
but have taken the best opportunity of their force and
power in kindling a new flame and making that king-
dom again in as desperate a state as ever heretofore
it had been, if not worse.
These things being thus ordered, and no cause
appearing of longer stay in the camp, the ninth of
January the Lord Deputy rose, and the same day he
rode to Cork, having in his company Don Jjian de
86 Pacata Hibernia.
Aguila and many of tlie Spanish captains, the gross