Sir Phelim O'Neil, the first author of the war, was among the last to suffer the penalties of defeat. For a moment, towards the end, he renewed his sway over the remnant of Owen's soldiers, took Ballyshannon, and two or three other places. Compelled at last to surrender, he was carried to Dublin, and tried on a charge of treason, a committee closeted behind the bench dictating the interrogatories to his judges, and receiving his answers in reply. Condemned to death, as was expected, he was offered his life by the Puritan colonel, Hewson, on the very steps of the scaffold, if he would inculpate the late King Charles in the rising of 1641. This he "stoutly refused to do," and the execution proceeded with all its atrocious details. Whatever may have been the excesses committed under his command by a plundered people, at their first insurrection—and we know that they have been exaggerated beyond all bounds—it must be admitted he died the death of a Christian, a soldier, and a gentleman.
CHAPTER XII. IRELAND UNDER THE PROTECTORATE—ADMINISTRATION OF HENRY CROMWELL—DEATH OF OLIVER.
The English republic rose from the scaffold of the King, in 1649; its first government was a "Council of State" of forty-one members; under this council, Cromwell held at first the title of Lord General; but, on the 16th December, 1653, he was solemnly installed, in Westminster Hall, as "Lord Protector of the Commonwealth of England, Scotland, and Ireland." He was then in his fifty-fourth year; his reign—if such it may be called—lasted less than five years.
The policy of the Protector towards Ireland is even less defensible than his military severities. For the barbarities of war there may be some apology, the poor one at least that such outrages are inseparable from war itself; but for the cold-blooded, deliberate atrocities of peace, no such defence can be permitted before the tribunal of a free posterity.
The Long Parliament, still dragging out its date, under the shadow of Cromwell's great name, declared in its session of 1652, the rebellion in Ireland "subdued and ended," and proceeded to legislate for that kingdom as a conquered country. On the 12th of August, they passed their Act of Settlement, the authorship of which was attributed to Lord Orrery, in this respect the worthy son of the first Earl of Cork. Under this Act, there were four chief descriptions of persons whose status was thus settled: 1st. All ecclesiastics and royalist proprietors were exempted from pardon of life or estate. 2nd. All royalist commissioned officers were condemned to banishment, and the forfeit of two-thirds of their property, one-third being retained for the support of their wives and children. 3rd. Those who had not been in arms, but could be shown, by a Parliamentary commission, to have manifested "a constant, good affection" to the war, were to forfeit one-third of their estates, and receive "an equivalent" for the remaining two-thirds west of the Shannon. 4th. All husbandmen and others of the inferior sort, "not possessed of lands or goods exceeding the value of 10 pounds," were to have a free pardon, on condition also of transporting themselves across the Shannon.