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A56065 The propositions of the Roman Catholicks of Ireland as also the answer of the agents for the Protestants of Ireland made to the said propositions, and their petitions and propositions to His Majesty, and His Majesties answer to the propositions of the said Roman Catholicks, and the answer of James, Marquesse of Ormond, His Majesties Commissioner for the treatie and concluding of a peace in the kingdome of Ireland, to the said propositions. Confederate Catholics.; Ormonde, James Butler, Duke of, 1610-1688. 1644 (1644) Wing P3800; ESTC R36692 41,588 78

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erection of the Court be numbred for one that gayned civilitie or breeding during their minority many will be found to have departed the said Court with ignorance losse or impayring of their estates and other great inconveniences No diminution of his Majesties profit is desired the personall service upon all occasions shall be performed The extinction of this Court and of the Tenures in capite or by Knights service is humbly desired to be taken away and a course for his Majesties profit and service and preservation of Heires and Orphans and satisfaction of Creditors shall be then humbly proposed The respit and issues of homage being of no considerable advantage to the Crowne and an intolerable yoke to the subject is likewise desired to be taken off and a way of equall benefit to his Majesty shall be proposed 10. The great number of these Lords uninteressed in the kingdome their ends in seeking for those honours and the late introduction of the example being considered it may be easily judged how unequall or unjust it is that the votes of men of no estate and never resident in the kingdome if not for designe should impose a charge wherein they contribute nothing or put Lawes by which they are not bound themselves 11. The independencie of the Parliament of Ireland of the Parliament of England is so cleere and manifest by Law Iustice usage and necessitie that they humbly desire it may not bee driven into dispute yet in as much as the Royall assent wrested from his Majestie to the acts of subscription may draw a preiudice or discountenance upon our Parliament a declaration herein and act of Parliament is desired 12. This proposition is in it selfe so reasonable and the restraint layed on the Councell-Table from taking cognizance of matters determinable in the Kings ordinarie courts of Iustice by the Common Law the great Charter thirty times confirmed by Parliament and sundry other acts of Parliament of force in this Kingdome is so manifest and cleere that there is no need of further reasoning or proofe for the same therefore it is consonant to Law Iustice that the partyes aggreeved should bee restored to what they lost and left in statu quo c. as is desired and that no matter determinable in the ordinarie Courts may bee determined at the Councell-table 13. This proposition being for free trade and commerce so necessarie for advancement of his Maiesties service and profit and so indifferently inducing to the weale of his people it is conceived that all who are interessed in the Kingdome ought to contribute their endeavours for the attaining of what is thereby humbly desired 14. The place of chiefe governour of this Kingdome being of so great honour and high trust and therfore to be conferred upon such as studie his Maiesties service and the prosperitie of the Kingdome without regard to particular interest this limitation will keepe the chiefe governor warie from offending any subiect or descending so low as to give occasion even of speech that his actions are unwarrantable or his purchases acquired by oppression men are to bee chosen for this place that have no need to purchase 15. The malice and power of the malignant partie in England and Scotland and of their adherents abroad and threatned danger of in vasion to bee made by them and the invitation thereunto of many in this Kingdome who are knowne to have studied and plotted the ruine of this Kingdome are motives sufficient for the granting of the contents of this proposition and that the Kingdome be alwayes in posture of defence of it selfe and all the well affected subiects thereof 16. The passing of an act of oblivion to quiet and secure the mindes of all his Maiesties subiects in a case so generall wherein the most of his Maiesties subiects one way or other are involved is so necessary and so pursuing the presidents and examples not onely of England and Ireland but also of other States and Kingdomes that without the passing thereof some Imbers of mischiefe may still remaine which may though God forbid turne unto great flammes witnesse the Barons warres the warres of Yorke and Lancaster these present troubles of England and Scotland and other examples even in this Kingdome And it there be any possibilitie to relieve all particulars when the generall concernment is in question 17. Honour Iustice equitie and reason of State doe pleade for this proposition Wee desire notwithstanding those reasons to bee admitted to shew such further and other reasons and adde hereunto what wee shall thinke fit touching the matters wherein the answers are short or not satisfactorie As the Lord Lieutenant in his answer gave the Proposers no occasion to use any unfitting expressions so hee may not but declare the Comparison and some other expressions in their preamble to bee very unnecessary and unseasonable and such as hee may not admit however hee now offereth An Explanation of some of the answers given by IAMES Marques of Ormond His Majesties Commissioner for the concluding of a Peace in this Kingdome to the Propositions of His Maiesties Roman Catholicke subiects of Ireland with some further Concessions 1. Answ FOr the exception taken to the answer to the first Proposition although neyther the statute of 2. Eliz. c. 1. nor any other statute of force in this kingdome doe impose any mulct or penalty for saying singing or hearing Masse or keeping a Roman Catholicke priest in their houses yet his Majesty for the further satisfaction of his said Roman Catholicke subjects in any doubt or scruple that may arise upon the construction of any of the said statutes which may disquiet their mindes is graciously pleased that a declaration of the law as unto that point be prepared and published And his Majesty is likewise graciously pleased to suspend the high Commission Court And that as the oath of supremacie hath not beene imposed upon any of them of late times upon the suing of Liveries so they shall for the time to come be admitted to sue their Liveries upon taking the oath by his Majesties directions in that case provided which being added to the answers to the eight proposition by which his Majesty hath declared that they shall receive such markes of his favour in offices and places of trust as shall manifest his Majesties good acceptance and regarde of them may for the present aboundantly satisfie his said subjects And for the repeale of any of the acts intended by the said proposition his Majestie will further advise 2. Answ For the exception taken to the word new Parliament in the answer to the second proposition Whereas a free Parliament was propounded The said Lord Marquesse declares that the said new Parliament is to bee as free as by the lawes and statutes of this kingdome any parliament to bee held in this kingdome ought to be yet so as no interpretation be from thence made that there should bee any proceeding in the said parliament in any particular contrary