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A90187 Severall papers of the treatie between His Excellencie Iames Marques of Ormond, Lord Lieutenant Generall of Ireland for the King, on the one part; and Sir Thomas Wharton, Sir Robert King, Sir John Clotworthy, Sir Robert Meredith, knights, and Richard Salwey Esquire, commissioners authorized by the two Houses of Parliament of England; on the other part. VVith the commissioners instructions concerning the Lord of Ormond; the instructions concerning the Protestants of Ireland, & compositions of delinquents: His Excellencies answer; and the Lord Lieutenants reply. With their reply to all his exceptions. And the Kings Maj. directions. Ireland. Lord Lieutenant (1641-1649 : Ormonde); Ormonde, James Butler, Duke of, 1610-1688.; Wharton, Thomas, Sir.; England and Wales. Sovereign (1625-1649 : Charles I); England and Wales. Parliament. 1646 (1646) Wing O458A; Thomason E378_4; ESTC R201374 32,080 45

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SEVERALL PAPERS OF THE TREATIE BETWEEN His Excellencie IAMES Marques of ORMOND Lord Lieutenant Generall of IRELAND for the KING on the one part AND Sir Thomas Wharton Sir Robert King Sir John Clotworthy Sir Robert Meredith Knights and Richard Salwey Esquire Commissioners authorized by the Two Houses of PARLIAMENT of ENGLAND on the other part VVith the Commissioners Instructions concerning the Lord of Ormond the Instructions concerning the Protestants of Ireland Compositions of Delinquents His Excellencies Propositions and the Commissioners their Answer and the Lord Lieutenants Reply With their Reply to all his Exceptions And the Kings Maj. Directions DVBLIN Printed by William Blad●n Printer to the Kings most Excellent Majesty Anno Dom. 1646. At the Committee of Lords and Commons at Darby house BY Vertue of an Ordinance of Parl. of the 15. of this instant October authorizing us We do constitute and appoint you Sir T. Whatton Sir Rob. King Sir John Clatworthy and Sir Robert Meredith Knights and Rich. Salwey Esq Commissioners to treat with the Lord of Ormond for and concerning the delivery of the Sword the City of Dublin and all other Garrisons and Holds in his power And you or any three of you have hereby power to treat with the said L. of Ormond concerning the premises and to agree conclude with him concerning the same acoording to such instructions as are delivered unto you Given this 23 of October 1646. Northumberland E. Manchester P. Lisle P. Wharton W. Peirrepoint Denzel Hollis P. Stapleton W. Lewis J. Temple Ro. Goodwyn Copia vera Ex. W. Rowe Secr. Die Lunae 12. October 1646. IT is this day Ordered by the Commons assembled in Parliament That it be referred to the Members of both Houses that are of the Committee of both Kingdomes to consider of these Letters and to receive the Addresses of the Commissioners from Ireland and their Prop●sitions and to view and consider of their Instructions and the Members of this House that are of the Committee of both Kingdomes or any four of them have power to meet this Afternoon at two of the clock in Darby-house for the purposes aforesaid and haue power to report tomorrow if they shall see occasion And the Lord Lieutenant of Ireland Mr. Hollis Sir John Clotworthy and Sir Iohn Temple have power and are desired to be present at the meeting of this Committee Mr. Na. Fi●es Sir W. Lewis and Mr. Rob. Goodwyn are added to this Committee Hen. Elsynge Cler. Parl. D. Com. Die Jovis 15. Octobris 1646. THE Lords and Commons assembled in Parliament do declare that they resolve to proceed upon the second way of Overture made by the Earl of Ormond and will appoint some way of treating with him for his Retirement and will imploy such as they shall think fit in the Trust of that Kingdome John Brown Cler. Parliament Vera Copia Ex. W. Rowe Secr. Die Jovis 15. Octobris 1646. ORdered by the Lords and Commons in Parliament assembled That the whole Affaire concerning Ireland in respect of the secresie and expedition thereunto necessary be referred back to the former Committee And the Committee hath power to give Instructions to such as they shall imploy for the pursuance and transaction of that Affaire and to Order the Forc●s that shall go thither and to dispose of the Ammunition and other Provisions for the Service of Ireland as they shall judge best for the Publique Service and are to meet this Afternoon and so from time to time as they shall see cause John Brown Cler. Parliament Vera Copia Ex. W. Rowe Secr. Instructions for Sir Tho. Wharton Sir Rob. King Sir John Clotworthy Sir Rob. Meredith Knights and Rich. Salwey Esq concerning the Lord of Ormond YOu are to declare to the L. of Ormond the E. of Roscommon and the rest of those that signed the Instructions to Sir Gerrard Lowther Sir Francis Willoughby and Sir Panl Davies That the Parliament will take into their Care and Protection the Protestants of Ireland If the L. of Ormond do within foure dayes deliver up the Swo●d render all the Garrisons and other Commands to the pleasure of the Parliament Then you or any three of you are to give these ensuing Conditions 1. That the L. of Ormond shall enjoy his estate without molestation or disturbance from the Parl. And shall have indempnity against all debts contracted by reason of any Goods Money Debts or Victuals taken up by vertue of any Warrants signed by him and the Councel from any person for the maintenance and support of the Armies or any of the Garrisons now under his Command 2. That he shall be protected in his Person and Goods for the space of 12 moneths against all Suits Arrests Molestation or Disturbance from any person whatsoever for any Debts owing by him to any person whatsoever before the Rebellion there 3. That the L. of Ormond and all such Noblemen Gentlemen and Officers as shall be desirous to go with him or by themselves into any other place out of that Kingdom shall have free Passes for themselves their Families Goods travelling Arms and a competent number of servants sutable to their respective Qualities 4. That the L. of Ormond shall have 5000. l. paid him in England or Ireland in such manner as shall seeme best to the Commissioners now sent And shall have also 2000. l. per annum for 5 yeares And if the Warre shall longer continue in such manner as he cannot receive 2000. l. per annum out of his owne Estate That then he shall have the said Pension of 2000. l. per annum still continued untill he can receive so much out of his own estate 5. That the L. of Ormond shall have liberty to come and live here in England With the like liberty that others have he submitting to all Ordinances of Parliament And for the time of 12 moneths shall not be pressed to any Oaths he ingaging his honour to do nothing in the mean time that shall be disservice to the Parliament Darby-house 17 Octob. 1646. A. Northumberland E. Manchester P. Lisle P. Wharton W. Pierrepoint Denzel Hollis W. Waller W. Armyn Ph. Stapleton Iohn Temple W. Lewis Ro. Wallop Vera Copia Ex. W. Rowe Secr. Novemb. 15. 1646. VVE find in the Instructions delivered in by you unto us That you are to declare unto us and the rest that signed the Instructions to Sir Gerard Lowther c. That the Parl. will take into their Gare and Protection the Protestants of Ireland We desire to know whether by these words viz. That the Parl. will take into their Gare and Protection the Protestants of Ireland All the Protestants of Ireland are to enjoy their Laws Liberties Estates and Imployments without molestation or disturbance from the Parliament of England ORMOND Novem. 15. 1646. VVEE find by the Instructions delivered in by you unto us these words viz. If the Lord of Ormond doe within 4 dayes deliver up the Sword render all the Garrisons and other Commands
Rich. Salwey 18 November 1646. In the Copy of some of the Instructions delivered by you unto us it is thus expressed That if the Lord of Ormond do within 4 dayes deliver up the sword render up all the Garcisons and other Commands to the pleasure of the Parliament then you or any three of you are to give these ensuing Conditions c. And in your second paper of the 15. of Novemb 1646. you expresse your selves amongst other things as followeth viz. Wee who are appointed Commissioners by authority from the Parl. of England are to receive from your Lordship if the treaty succeed the Sword and Garrisons under your Command for the use of the Parl. of England To which and your other papers before we can make answer we desire to know whether you have his Majesties Direction and Command unto us for our so doing Ormond 18. November 1646. To your Lordships first paper of the 18. of this moneth we answer that we have not his Maj. direction and command unto your Lordship for delivering up the Sword rendring up all the Garrisons and Commands to the pleasure of the Parliament Rob. Meredith Tho. Wharton Rob. King John Clotworthy Rich. Salwey 18. Novemb. 1646. The papers delivered by you unto us whereunto you desire our positive answer gave occasion vnto us to take into consideration aswell the Propositions and Instructions signed by us alone and sent by our Commissioners to be presented to the Parliament of England as also the Propositions and Instructions signed by us and the Councell of this Kingdome and other Propositions and Instructions signed by the said Councell a-part and sent by our said Commissioners to be in like sort presented all which Propositions and Instructions they delivered to the Committee of both honses appointed to consider thereof who took Copies of the said Propositions and Instructions Copies of which Propositions signed by us alone we think fit to insert herein viz. Propositions of the Lord Lieutenant of Ireland to be presented c. THat the said Lord Lieutenant will prosecute the Warre against the Irish Rebels as vigorously as he shall be thereunto enabled by the Pari. of England and that he will faithfully serve the Crown of England therein 2 That whilst he hath the Government of this Kingdom and the Command of the Armies therein none of the Supplies of Men Money Arms Munition Victuals or any other provisions of what kind or nature soever which shall by the PARLIAMENT of ENGLAND be sent over or joyned with the Forces already under his Command nor any other Forces that shall be under his Command shall in any wise be imployed either within this Kingdome or out of it but by the expresse direction of the said Parliament of England 3 That he will not upon any Command or by vertue of any power or authority whatsoever enter into any Treaty with the said Irish Rebels or conclude any Peace or Cessation with them without the consent and expresse Command of the King and Parliament of England 4. He will ingage himself to the true performance of all these things by Oath or by any other meanes that can be proposed to a man of Honour and Conscience 26 Septemb. 1646. Ormond Now forasmuch as we do not find by our papers that any one of the said Propositions which haue been transmi●●ed from hence is assented unto by the Parl. of England though we have pressed you by severall papers to know how farre they were assented unto And for that it appeareth unto us by those papers that no Copies of the said Propositions or Instructions were delivered unto you and that when we upon that signification did offer unto you copies of both you did not think it expedient upon this occasion to receive the same from us And for that by the papers and copies of Instructions delivered by you unto us We find ●o security offered to any of the Protestants but to such as you shall condition withall and who shall submit to all Ordinances of Parliament whereas we expected that all should bee included and provided for in and by the present Treaty and what those conditions o● Ordinances of Parliament are you doe not ascertaine by any of your papers And for that it doth not appear unto us by any the Instructions whereof you have delivered copies unto us that you have power to secure any other of his Majesties Subjects who have constantly adhered to the Government here since the 22 of October 1641. in their persons and estates And for that the Officers of his Majesties Army here and the Judges and Ministers of the Civil List have no assurance given them for their continuance in their respective imployments your expression as unto them being as follo weth viz. Concerning the continuation and displacing of the Judges and Ministers of the civill List in their imployments we are not instructed therein but for the Officers of the Martiall List we have power by our Instructions and do intend accordingly to imploy such of them as shall be found fit for the service which giveth no assurance unto any one of the Martiall List and leaveth the Civill List without any security taketh no notice of the poore distressed Clergy of the Kingdom In all which particulars being contained in our Propositions and Instructions we did hopr that the Parl. of England would have giuen us satisfaction which being not yet done for any thing made known by you to us and for that you have by your paper of the 18. of Novemb. 1646. declared unto us that you have not his Maj. direction and command unto us for delivering up the Sword rendring up all the Garrisons and Commands to the pleasure of the Parliament which you by your second paper of the 15. of Novemb. 1646. desire to be rendred unto you to the use of the Parliament without any relation in your said paper to the King we hold it not consistent with our Duty to his Majesty to part with so great a Trust committed to our charge in manner as by your papers is desired without his Maj. expresse and positive Directions and therefore may not assent thereunto Ormond 18. Novemb. 1646 Whereas we did together with our first paper of the 16. of Novemb. deliver in to your Lordship an authentique copy of the additionall instruction concerning the Protestants of Ireland unto which your Lordship hath taken severall exceptions we think good for your satisfaction therein now to declare that we intend that all Protestants whatsoever of the Kingdome of Ireland not having been in the Irish Rebellion shall be included in this treaty and receive the full benefit expres●n the said instruction And that the conditions implyed in that instruction to be imposed on them shall be understood as followeth viz. Whereas it is said they shall enjoy those their Estates and Goods without any molestation or question from the Parl. as nay others do who have not offended the Parl. they submitting to all Ordinances
to the pleasure of the Parliament then c. Wee desire to know when the said foure dayes shall be understood to begin and to what Person or Persons and to whose use the said Sword Garrisons and other Commands are desired to be delivered up or rendred ORMOND Novem. 15. 1646. TO your Lordships first Paper of the 15 of Novem. we return this Answer That we are required by the Paper of Instructions delivered to your Lordship to declare to your Lordship the E. of Roscomon and the rest that signed the Instructions to Sir Gerard Lowther c. That the Parliament will take into their Care and Protection the Protestants of Ireland But desire to be excused from giving a particular explatation of those words in that Paper being not directed so to do yet conceive there ought to be no doubt of a fair interpretation thereof Rob. Meredith Ths. Wharton Rob. King Iohn Clotworthy Ri. Salwey Novem. 15. 1646. ALthough we question not a fair interpretation yet in matters so highly importing the safety and subsistence of the stants of this Kingdome we may not leave them to the uncertainty of future interpretation and therefore we cannot re● satisfied without clearer assurance in their behalf then we fi●de either in the Instruction delivered unto us by you this d●y whereof we desire an Explanation or the Answer given y●● you to our first Paper ORMOND 15. Novem. 1646. TO your Lordships second Paper of the 15. of November we return this Answer That the four dayes appointed for the Treaty with your Lordship within which time we are to bring our Debates to a conclusion we understand did begin this 15. of Novemb. 1646. at 9 in the morning And we who are appointed Commissioners by Authority from the Parl. of England are to receive from your Lordship if the Treaty succeed the Sword and Garrisons under your Command for the use of the Parliament of England in order to the preservation of the Protestants in the Kingdom of Ireland Rob. Meredith Tho. Wharton Rob King John Clotworthy Rich. Salwey 15. Novem. 1646. VVEE desire to know whether your Lordship rests satisfied in all the particulars of the Paper of Instructions delivered to you by us this day saving that which concernes the Protestants as is expressed in your Lordships third Paper Rob. Meredith T. Wharton Rob. King Iohn Clotworthy Rich. Salwey November 15. 1646. VVE hold it not fit to declare our sense concening the particulars of the paper of Instruction delivered by you to us which concern our self untill assurance be first given for the safety and subsistence of the Protestants of this Kingdome which we desire may be hastened for the bringing of this Treaty to a speedy and good conclusion ORMOND November 15. 1646. FOrasmuch as your Lordship in your third paper of the fifteenth of this instant doth expresse That you cannot rest satisfied without clearer assurance on the behalfe of the Protestants of Ireland then you find either in the instructions delivered to you by us this day or in our answers to your Lordship touching the explanation thereof as was in your first paper desired And whereas your Lordship in your fourth in answer to our third hath signified that you hold it not fit to declare your sense concerning the particulars of the paper of Instructions which concern your selfe untill assurance be first given for the safety and subsistance of the Protestants of the kingdom of Ireland to the end nothing may be wanting on our parts to bring this Treaty to a speedy happy conclusion we hold it fit to declare That by an additional Instruction which we night not sooner impart we are enabled to give to such Protestants not having been in the Irish rebellion as we condition withall assurance of security to their persons and to their estates and goods that they have in Ireland and that they may live quietly and securely under the protection of the Parliament and their Forces either within England Ireland or Wales and that they shall enjoy those their estates and goods without any molestation or question faom the Parliament as any others doe who have not offended the Parliament they submitting to all Ordinances of Parliament and if any of them have any lands or estates in England they are to compound for the same at the rate of two yeares profit as they were before the beginning of these troubles They submitting to all ordinances of Parliament Rob. Meredith Tho. Wharton Rob. King Jo. Clorworthy Ri. Salwey 15. November 1646. BEfore we make answer to your fourth paper of the fifteenth of November we hold it needfull to have an authentick copy of the additionall Instruction therein mentioned being for the security of the Protestant-Subjects of this Kingdome And we desire authentick copies of such other additionall Instructions as you have in regard your commission is limited by and hath relation to your instructions ORMOND 16. November 1646. TO your Lordships fifth paper of the fifteenth of November we return this answer That to the end nothing may be wanting on our parts conducing to the security of the Protestants of Ireland according to the Instructions given us by authority of Parliament and that we may accordingly put a speedy conclusion to this Treaty we doe for your Lordships more ample satisfaction though we hold not our selves obliged thereunto herewith freely deliver your Lordship an Authentick copy of the additionall Instructions But we must desire to be excused from giving any further answer to the said paper untill we receive your Loadships positive answer upon the papers already given in hoping it will be believed That as we have not hitherto so we shall not for the future offer any thing unto which we are not warranted by our Instructions Rob. Meredith Tho. Wharton Rob. King John Clotworthy Ri. Salwey The Additionall Instruction concerning the Protestants of Ireland YOu or any three of you may give to such Protestants not having been in the Irish Rebellion as you condition with all assurance of security to their persons and to their estates and goods that they have in Ireland and that they may live quietly and securely under the protection of the Parliament and their Forces either within England Ireland or Wales And you may likewise assure them that they shall enjoy those their estates and goods without any molestation or question from the Parliament as any others doe who have not affended the Parliament They submitting to all Ordinances of Parliament And if any of them have any Lands or Estates in England they are to compound for the same at the rate of two yeares profit as they were before the beginning of these troubles They submitting to all Ordinances of Parliament Derby House Octob. 17. 1646. Northumberland E. Manchester P. Lisl● P. Wharton W. Pierpoint Denzil Hollis W. Waller P. Stapleton W. Armyne Wil. Lewis I. Temple R. Wallop Copia vera exam W. Row Secret Dublin 16. November 1646. VVHereas we have been info●med that the Armies