[Sidenote: Failure of Oxford negotiations.]
[Sidenote: Both parties are referred to Ormonde,]
[Sidenote: who is authorised to make peace.]
Muskerry and his colleagues left Oxford first, and were followed by the Protestant agents on the last day of May. Both missions were dismissed civilly enough, but neither had gained their point. Percival told Ormonde that the failure of the Council to make any decision was reported to be the work 'of one that labours to be commanded to Ireland, and hopes to rule all there.' This points unmistakably to Digby, who probably encouraged the King to refer everything back to Ormonde. This was done by a commission dated June 24, and to enable the Lord Lieutenant to arrive at a decision, all the propositions by both sides during the Oxford negotiations were sent to him, and also the King's answer to the Confederate agents. They were told that the King would not 'declare Acts in themselves lawful to be void,' but that the penal laws had never been harshly executed; and that if his Irish subjects would live peaceably and loyally, they should be as moderately administered 'as in the most favourable times of Queen Elizabeth and King James.' He would allow a new Parliament to assemble, but 'would by no means consent to the suspension of Poynings' Act.' Many lesser demands were wholly or partly conceded, but religious toleration and the Irish Parliament would still depend on the King's will. If the Confederates could be got to accept such terms, Ormonde was authorised to conclude peace upon that basis, and to go further if he found it consistent with the present preservation of the Irish Protestants. If peace could not be had on reasonable terms, then he might renew the cessation for as long as he thought expedient. Ormonde lost no time in informing Muskerry and his colleagues that he was commissioned to treat for a peace or truce, and asked them to prepare the ground among their friends. 'Let me tell you,' wrote that astute courtier Daniel O'Neill, 'that our friend the Marquis of Ormonde has a hard task put upon him: for it is imposed upon him to end that in Ireland which all the Council durst not look upon in England.'[58]
[Sidenote: He sides with the Parliament,]