Confederation
In 1642 the insurgents organised themselves in the Irish Catholic Confederation. In May the Catholic Church declared the war lawful. An oath of association was dawn up. In October Muskerry attended the first Confederate General Assembly at Kilkenny where Mountgarret was elected president of the Confederation. Muskerry was not elected to the Supreme Council, but his rival Fermoy was. Garret Barry was made general of the Munster Army, despite his recent defeat and advanced age. Barry seems to have held the position until his death in March 1646 in Limerick, but others commanded in his stead. In 1643 Muskerry and Fermoy were both elected to the Supreme Council.
Muskerry commanded the infantry at the Battle of Cloughleagh on 4 June 1643 where the Irish cavalry under James Tuchet, 3rd Earl of Castlehaven, routed a detachment of Inchiquin's troops under Sir Charles Vavasour, 1st Baronet, of Killingthorpe, who had taken the Cloughleagh Tower House near Fermoy the day before. Muskerry with the infantry arrived only after the decisive cavalry charge. Castlehaven considered him slow and called him "the old general".
Later that year, Muskerry led the Munster Army in an offensive against Inchiquin in County Waterford. Lieutenant-Colonel, Patrick Purcell, unsuccessfully besieged Lismore Castle, the seat of the Earls of Cork. Muskerry was about to take Cappoquin but engaged in parleys and was outwitted by Inchiquin, who delayed the town's surrender until September when the cease-fire ended the war.
Muskerry, like most of the magnates among the Confederates, was afraid to lose title and land when the King regained control. He therefore adhered to a faction within the Confederates, called the peace party or the Ormondists, that sought an agreement that would protect against such a loss. The King, on the other hand, sought peace with the Confederates to be able to withdraw troops from Ireland for use in the English Civil War. In 1643, the King asked Ormond to open talks with the Confederates. On 15 September 1643 at Sigginstown, Strafford's unfinished house, the Confederates signed a cease-fire with Ormond, called the "Cessation". Muskerry was one of the signatories. The Confederates agreed to pay the King £30,000 (equivalent to about £6,000,000 in 2025) in several instalments. In return, the Confederates gained some degree of diplomatic recognition. The articles of the Cessation gave Lismore Castle and Cappoquin to Inchiquin.
In November 1643 the Supreme Council appointed seven delegates, with Muskerry as leader, to submit grievances to the King and negotiate a peace treaty. In January 1644 they obtained safe-conducts from the Lords Justices. It must have been their last days in office as Ormond was sworn in as lord lieutenant of Ireland on 21 January. The delegates arrived on 24 March at Oxford where the King held his court. Muskerry demanded public exercise of the Catholic religion, independence from the English parliament, and full amnesty for their rebellion. The King offered Muskerry an earldom, which he refused. A competing Irish Protestant delegation arrived on 17 April. End of June the Confederate delegates returned to Ireland empty-handed.
The Cessation allowed the Confederates to focus on their war with the Covenanters in Ulster, who were aligned with the English Parliament. Owen Roe O'Neill led the Confederate Ulster army, deployed on that front, but the Supreme Council imposed Castlehaven as general-in-chief for the campaign of 1644. Castlehaven marched north to Charlemont but did not bring the Covenanters to battle. In July Inchiquin declared for Parliament, reactivating the southern front around the city of Cork, where the Munster Army was deployed. The fourth general assembly, in July 1644, elected the fourth Supreme Council. Muskerry regained his seat, but Fermoy did not. The cessation had a duration of one year, expiring on 15 September 1644. It was extended twice:
by Muskerry and Ormond in August 1644 until 1 December; and by Muskerry and Lord Chancellor Bolton in September until 31 January 1645.
In the campaign of 1645, Castlehaven commanded the Munster Army in its fight against Inchiquin. Under Castlehaven's command Patrick Purcell took Lismore Castle, but Inchiquin doggedly defended the rest. In the fifth general assembly in summer 1645, Muskerry was re-elected to the Supreme Council.
In 1645 the King sent Edward Somerset, Earl of Glamorgan, to Ireland to speed up the peace negotiations with the Confederates. Glamorgan was an English Catholic and son of Henry Somerset, 1st Marquess of Worcester, an important royalist. Ormond sent Glamorgan to Kilkenny with a letter of introduction to Muskerry dated 11 August. He was received by Mountgarret and Muskerry. On 25 August Glamorgan signed the first Glamorgan Treaty with the Confederates. Muskerry was one of the signatories. The treaty was kept secret. It ceded to the Catholics the churches that the Confederates had seized since the beginning of the rebellion. Sir Charles Coote divulged it in October after he found a copy in the luggage of Malachy Queally, bishop of Tuam, killed in action near Sligo. The King disavowed the treaty in January 1646.
In 1645 the pope sent Giovanni Battista Rinuccini as nuncio to the Irish Catholic Confederation. Rinuccini landed in October on Ireland's south-west coast with money and weapons. On his way to Kilkenny, the Confederate capital, Rinuccini visited Macroom Castle where Lady Muskerry and her 11-year-old eldest son, Charles, received him while her husband was negotiating with Ormond in Dublin. The nuncio stayed for four days and then continued to Kilkenny arriving on 12 November.
In town, the nuncio was attended to by Muskerry, who had just returned from Dublin, and by General Preston. They accompanied him to Kilkenny Castle for his official reception by Mountgarret and escorted him back to his residence.
The Confederate assembly on 6 March 1646 authorised its delegates to conclude a peace with Ormond. Muskerry signed the "First Ormond Peace" on 28 March 1646 for the Confederates. The treaty's 30 articles covered civil rights, but left the religious ones to be decided by a future Irish parliament. The parties agreed to defer the treaty's publication for now.
According to the treaty, the Confederates were expected to send an Irish army of 10,000 men, about half the Confederate army, to England before 1 May, but by then it was already too late. Bristol had fallen in September 1645 and Chester in February 1646, depriving the King of his main harbours on the Irish sea. Admiral Richard Swanley and Captain William Penn patrolled the sea with the Irish Squadron of the Parliamentarian Navy. Muskerry wrote to Ormond on 3 April that the Irish army's expedition to England had to be abandoned. The First English Civil War ended shortly after the First Ormond Peace was signed. The Scots took the King into custody on 5 May.
As the Confederates sent no troops to the King, their armies kept their full strength. The Munster Army, under Glamorgan, favoured by Rinuccini, was sent to besiege Bunratty Castle near Limerick, into which the 6th Earl of Thomond, a Protestant, had admitted a Parliamentarian garrison in March 1646. The Confederates lacked money to pay their army. After a setback on 1 April, in which the garrison drove the besiegers from their camp at Sixmilebridge, the Supreme Council replaced Glamorgan with Muskerry at the end of May. Muskerry had Lieutenant-General Purcell, Major-General Stephenson, and Colonel Purcell under him with three Leinster regiments and all the Munster forces. The castle's defences had been modernised by surrounding the castle proper, essentially a big tower house, with modern earthworks and forts defended by cannons. These fortifications abutted on the sea and Bunratty was supported by a small squadron of the Parliamentarian Navy under now-Vice-Admiral Penn. On 9 May, Lord Thomond left Bunratty for England by sea. On 13 June arrived the news of Owen Roe O'Neill's victory over the Covenanters at Benburb, won with the financial support from the nuncio. At the end of June Rinuccini came and paid the soldiers £600 (equivalent of about £115,000 in 2025), exhausting the last of his funds. Muskerry brought two heavy cannons from Limerick for the siege. His rivals accused him of having spared the castle because Thomond was his uncle. When on 1 July a chance shot through a window killed McAdam, the Parliamentarian commander, Muskerry pressed on and the castle capitulated on 14 July. The garrison was evacuated to Cork by the Parliamentarian Navy, but had to leave arms, ammunition, and provisions behind.
Early in 1646, while Muskerry was at the siege of Bunratty, Broghill with a Parliamentarian force from Cork captured Blarney Castle. It must have been a bold coup as Muskerry was accused of having betrayed the castle.
In May, Lady Muskerry, with her children was brought to Dublin for their security. Similar rescues were organised for her mother, Lady Thurles, and her sisters, Lady Hamilton and Lady Loughmoe.
Muskerry and Ormond confirmed and signed the First Ormond Peace again in July 1646. The peace was thus concluded twice: on 28 March and in July 1646. Muskerry got the treaty ratified by a vote in the Supreme Council despite the nuncio's opposition. Ormond had it proclaimed in Dublin on 30 July and the Supreme Council did so in Kilkenny on 3 August.
Rinuccini held a meeting of the clergy at Waterford, which on 12 August 1646 condemned the treaty. Rinuccini then excommunicated Muskerry and others who supported it. On 18 September, Rinuccini overturned the Confederate government in a coup d'état with help of the Ulster Army, which Owen Roe O'Neill had marched to Leinster. On 26 September Rinuccini made himself president and appointed a new, the seventh, Supreme Council in which sat Glamorgan, Fermoy, and Owen Roe O'Neill. Rinuccini arrested Muskerry, Richard Bellings, and other Ormondist members of the previous Supreme Council. Most were detained in Kilkenny Castle, but Muskerry was put under house arrest. Muskerry had to cede the command of the Munster Army to Glamorgan. Being under arrest in Kilkenny Muskerry missed out on the attempted siege of Dublin by Owen Roe O'Neill and Preston in November 1646.
Having failed to take Dublin, Rinuccini released Muskerry and other political prisoners as demanded by Nicholas Plunkett, and called a general assembly, which met on 10 January 1647 in Kilkenny. It lasted until the beginning of April. The assembly elected a new Supreme Council, the eighth, with the Marquess of Antrim as president. It was dominated by the clerical faction but also included Muskerry and three other Ormondists.
The Supreme Council had in 1647 confirmed Glamorgan, who had become the 2nd Marquess of Worcester in December 1646, as general of the Munster Army, but the Confederation lacked the funds to pay the army. Worcester was unpopular with the troops and the Munster gentry because he was English. Several regiments mutinied demanding that Muskerry should be appointed general. Three Dominican chaplains of the army insinuated that killing Muskerry would not be a sin. One of them was Patrick Hackett, a Gaelic poet. Gaelic was still the predominant language among the rank and file.
Early in June 1647 the Supreme Council met at Clonmel near the Munster Army's camp. On 12 June Muskerry, together with Patrick Purcell, rode over from the council meeting to the army's camp where the troops acclaimed him as their leader and turned Worcester out of his command. The Supreme Council ignored Muskerry's de facto take-over, upheld Worcester as the de jure commander who then passed the command officially to Muskerry. Early in August Muskerry handed the command over to Theobald Viscount Taaffe of Corren. Neither Worcester, nor Muskerry, nor Taaffe stopped Inchiquin, who took Cappoquin and Dungarvan in May and sacked Cashel in September.
Meanwhile, on 6 June 1647, Ormond had accepted Colonel Michael Jones with 2,000 Parliamentarian troops into Dublin. On 28 July, Ormond handed Dublin over to the Parliamentarians and left for England. In August Preston tried to march on Dublin with the Leinster army, but Jones defeated him at Dungan's Hill. Muskerry called in Owen Roe O'Neill to defend Leinster. In November, Taaffe lost the Battle of Knocknanuss against Inchiquin.
Towards the end of 1647, the Supreme Council sent Muskerry, Geoffrey Browne, and the Marquess of Antrim to negotiate with the exiled Queen Henrietta Maria, at the Château-Neuf de Saint-Germain-en-Laye, France. They wanted to invite the Prince of Wales, the future Charles II, then aged 17, to Ireland, and negotiate another peace to replace the one concluded with Ormond. In February 1648 Ormond left England and joined the Queen. Antrim departed before Muskerry and Browne and arrived early in March. Muskerry and Browne departed in February and had reached Saint-Germain by 23 March. On 24 March 1648, the Queen received the three envoys in an audience. However, 1648 was the year of the Second English Civil War and plans were made for the Prince of Wales to go to Scotland to support the Engagers rather than to go to Ireland, but eventually, he stayed in France. With regard to a new peace, Antrim, representing the clerical faction, insisted that no peace should be accepted in Ireland without the pope's approval and that a Catholic lord lieutenant should be appointed, an office he hoped to obtain for himself.
On 3 April 1648, Inchiquin changed sides, leaving the Parliamentarians and declaring for the king. Muskerry convinced the Queen to appoint Ormond as lord lieutenant and accept Inchiquin as an ally. Muskerry returned to Ireland in June to prepare for Ormond's arrival. Ormond landed at Cork in September. Muskerry was made Irish lord high admiral and president of the high Court of Admiralty. In November he signed letters of marque for the privateers Mary of Antrim and the St John of Waterford.
In January 1649, the Second Ormond Peace was signed. The Irish Catholic Confederation was dissolved, and replaced with a provisional royalist government. Power was handed to 12 Commissioners of Trust. Muskerry was one of them.