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A25942 Articles of peace made and concluded with the Irish rebels and papists by James Earle of Ormond ... also, a letter sent by Ormond to Col. Jones, Governour of Dublin, with his answer thereunto : and a representation of the Scotch Presbytery at Belfast in Ireland : upon all which are added observations. Ireland. Lord Lieutenant (1641-1649 : Ormonde); Ormonde, James Butler, Duke of, 1610-1688.; Milton, John, 1608-1674. Observations upon the articles of peace with the Irish rebels. 1649 (1649) Wing A3863; ESTC R495 49,636 68

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inditements attainders outlaries processes or any other proceedings thereupon or any letters patents grants leases custodiums bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholikes or any of them but that they and every of them shall bee forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilfull wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholikes to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesse to sit or vote there shall be removed and that before the said Parliament 6. Item it is concluded accorded and agreed upon and his Majestie is further graciously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawrie fugacie or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawrie fugacie or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed estates of the Lords Knights gentlemen and freeholders or reputed freeholders as well of Connaght and county of Clare or country of Thomond as of the counties of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. Wee are graciously pleased that for the Inhabitants of Connaght and country of Thomond and county of Clare that their several estates shall be confirmed unto them and their heires against us and our heires and successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or our Heires and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all rents and services as are now due or which ought to be answered unto us out of the said lands and premises by any letters pattents past thereof since the first year of King Henry the eight or found by any office taken from the said first year of King Henry the eight untill the 21. of July 1645. whereby our late dear father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without licence be again reserved unto us our Heires and successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to our said late Fathers letters notwithstanding any tenures in capite found for Us by office since the 21. of July 1615. and not appearing in any such letters patents or offices within which rule his Majesty is likewise graciously pleased that the said lands in the Counties of Limerick and Tipperarie be included but to be held by such rents and tenures only as they were in the fourth year of his Majesties Reign Provided alwaies that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght county of Clare and Countrey of Thomond and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majestie for the Court of Wards tenures respits and issues of homage any clause in this Article to the contrary notwithstanding and as for the lands within the counties of Kilkennie and Wickloe unto which his Majestie was intituled by offices taken or found in the time of the Earl of Straffords government in this Kingdom His Majestie is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majestie will assent unto that which shall be just and honourable and that the like act of limitation of his Majesties Titles for the securitie of the estates of his Subjects of this Kingdome be passed in the said Parliament as was enacted in the 21. year of his late Majestie King James his Reign in England 8. Item it is further concluded accorded and agreed upon and His Majestie is further graciously pleased That all incapacities imposed upon the Natives of this Kingdome or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or neer the city of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily Gerrald Fennell Esquires or any seven or more of them shall thinke fit And that such students natives of this Kingdom as shall be therein may take and receive the usuall degrees accustomed in any Innes of court they taking the insuingoath viz. I A. B. Doe hereby acknowledge professe testifie and declare in my conscience before God and the world that our Soveraign Lord K. Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heires and Successors or to the Lord Deputy or other His Majesties cheife Governour or Governors for the time being all Treason or Traiterous conspiracies which I shall know or heare to be entended against His
to you or any of them or out of any dis-esteem I had to your power to advance or impede the same but out of my fear whiles those that have of late usurped power over the Subjects of England held forth the least colourable shadow of moderation in their intentions towards the settlement of Church or State and that in some tollerable way with relation to Religion the interest of the King and Crown the freedom of Parliament the Liberties of the subject any addresses from mee proposing the withdrawing of that party from those thus professing from whom they have received some and expected further support would have been but coldly received and any determination thereupon deferred in hope and expectation of the forementioned settlement or that you your selfe who certainly have not wanted aforesight of the sad confusion now covering the face of England would have declared with me the Lord Inchequeen and the Protestant Army in Munster in prevention thereof yet my fear was it would have been as difficult for you to have carried with you the main body of of the Armie under your command not so clear sighted as your self as it would have been dangerous to you and those with you well inclined to have attempted it without them but now that the mask of hypocrisie by which the Independent Armie hath ensnared and enslaved all estates and degrees of men is laid aside now that barefaced they evidently appear to bee the subverters of true religion and to be the protectors and inviters not only of all false ones but of irreligion and Atheisme now that they have barbarously and inhumanely laid violent sacrilegious hands upon and murthered Gods annointed and our King not as heretofore some Patricides have done to make room for some usurper but in a way plainly manifesting their intentions to change the Monarchy of England into Anarchy unlesse their aime bee first to constitute an elective Kingdome and Crumwell or some such Iohn of Leiden being elected then by the same force by which they have thus far compassed their ends to establish a perfect Turklsh tyranny now that of the three estates of King Lords Commons whereof in all ages Parliaments have consisted there remains only a small number and they the dregs and scum of the House of Commons pickt and awed by the Armie a wicked remnant left for no other end then yet further if it be possible to delude the people with the name of a Parliament The King being murthered the Lords and the rest of the Commons being by unheard of violence at severall times forced from the Houses and some imprisoned And now that there remaines no other libertie in the subject but to professe blasphemous opinions to revile and tread underfoot Magistracie to murther Magistrates and oppresse and undoe all that are not like minded with them Now I say that I cannot doubt but that you and all with you under your command will take this opportunitie to act and declare against so monstrous and unparaleld a rebellion and that you and they will cheerfully acknowledge and faithfully serve and obey our gracious King Charles the second undoubted heir of his Father Crown and Vertues under whose right and conduct we may by Gods assistance restore Protestant Religion to puritie and therein settle it Parliaments to their freedome good laws to their force and our fellow-subjects to their just liberties wherein how glorious and blessed a thing it will bee to be so considerablie instrumentall as you may now make your self I leave to you now to consider And though I conceive there are not any motives relating to some particular interest to be mentioned after these so weightie considerations which are such as the world hath not been at any time furnished with yet I hold it my part to assure you that as there is nothing you can reasonably propose for the safety satisfaction or advantage of your self or of any that shall adhear to you in what I desire that I shall not to the uttermost of my power provide for so there is nothing I would nor shall more industriously avoid then those necessities arising from my duty to God and man that may by your rejecting this offer force me to be a sad instrument of shedding English blood which in such case must on both sides happen If thir overture finde place with you as I earnestly wish it may let me know with what possible speed you can and if you please by the bearer in what way you desire it should bee drawne on to a conclusion For in that as well as in the substance you shall find all ready complyance from me that desire to bee Your affectionate friend to serve you ORMOND Carrick March 9. 1648. For Colonel Michael Jones Governour of Dublin My Lord YOur Lordships of the ninth I received the twelfth instant and therein have I your Lordships invitation to a conjunction with your self I suppose as Lord lieutenant of Ireland and with others now united with the Irish and with the Irish themselves also As I understand not how your Lordship should be invested with that power pretended so am I very well assured That it is not in the power of any without the Parliament of England to give and assure pardon to those bloodie Rebels as by the Act to that end passed may appear more fully I am also well assured that the Parliament of England would never assent to such a Peace such as is that your Lordships with the Rebels wherin is little or no provision made either for the Protestants or the Protestant Religion Nor can I understand how the Protestant Religion should bee setled and restored to its puritie by an Armie of Papists or the Protestant interests maintained by those very enemies by whom they have been spoiled and there slaughtered And very evident it is that both the Protestants and Protestant Religion are in that your Lordships Treaty left as in the power of the Rebels to be by them born down and rooted out at pleasure As for that consideration by your Lordship offered of the present and late proceedings in England I see not how it may be a sufficient motive to mee or any other in like trust for the Parliament of England in the service of this Kingdome to joyn with those Rebels upon any the pretences in that your Lordships letter mentioned for therein were there a manifest betraying that trust reposed in me in disserting the service and work committed to me in joyning with those I should oppose and in opposing whom I am obliged to serve Neither conceive I it any part of my work and care to take notice of any whatsoever proceedings of State forreign to my charge and trust here especially they being found hereunto apparently destructive Most certain it is and former ages have approved it that the intermedling of Governors and parties in this Kingdom with sidings and parties in England have been the very betraying of this kingdom to the
of Dublin full of contumely and dishonour both to the Parliament and Army And on the other side an Insolent and seditious Representation from the Scotch Presbytery at Belfast in the North of Ireland no lesse dishonourable to the State and much about the same time brought hither there will be needfull as to the same slanderous aspersions but one and the same Vindication against them both Nor can we sever them in our notice and resentment though one part intitl'd a Presbytery and would be thou ghta Protestant Assembly since their own unexampl'd virulence hath wrapt them into the same guilt made them accomplices and assistants to the abhorred Irish Rebels and with them at present to advance the same interest if wee consider both their calumnies their hatred and the pretended Reasons of their hatred to be the same the time also and the place concurring as that there lacks nothing but a few formall words which may be easily dissembl'd to make the perfetest conjunction and between them to divide that Iland As for these Articles of Peace made with those inhumane Rebels and Papists of Ireland by the late King as one of his last Master-pieces We may be confidently perswaded that no true borne English-man can so much as barely reade them without indignation and disdaine that those bloudy Rebels and so proclaim'd and judg'd of by the King himself after the mercilesse and barbarous Massacre of so many thousand English who had us'd their right and title to that Countrey with such tendernesse and moderation and might otherwise have secur'd themselvs with ease against their Treachery should be now grac'd and rewarded with such freedomes and enlargements as none of their Ancestors could ever merit by their best obedience which at best was alwaies treacherous to be infranchiz'd with full liberty equall to their Conquerours whom the just revenge of ancient Pyracies cruell Captivities and the causlesse infestation of our Coast had warrantably call'd over and the long prescription of many hundred yeares besides what other titles are acknowledg'd by their own Irish Parlaments had fixt and seated in that soile with as good a right as the meerest Natives These therefore by their own foregoing demerits and provocations justly made our vassalls are by the first Article of this peace advanc'd to a Condition of freedome superior to what any English Protestants durst have demanded For what else can be the meaning to discharge them the Common Oath of Supremacy especially being Papists for whom principally that oath was intended but either to resigne them the more into their own power or to set a mark of dishonour upon the Brittish Loyalty by trusting Irish Rebels for one single Oath of Alleageance as much as all his Subjects of Brittaine for the double swearing both of Alleageance and Supremacy The second Article puts it into the hands of an Irish Parlament to repeale or to suspend if they thinke convenient that act usually call'd Poynings Act which was the maine and yet the civillest and most moderate acknowledgement impos'd of their dependance on the Crown of England whereby no Parlament could be summond there no Bill be past but what was first to be transmitted and allowd under the great seale of England The recalling of which Act tends openly to invest them with a law-giving power of their own enables them by degrees to throw off all subjection to this Realme and renders them who by their endlesse treasons and revolts have deserv'd to hold no Parlament at all but to be govern'd by Edicts and Garrisons as absolute and supream in that Assembly as the People of England in their own Land And the 12th Article grants them in expresse words that the Irish Parlament shall be no more dependent on the Parlament of England then the Irish themselves shall declare agreeable to the Lawes of Ireland The two and twentieth Article more ridiculous then dangerous coming especially from such a serious knot of Lords and Politicians obtaines that those Acts prohibiting to plow with horses by the Tayle and burne oates in the Straw be repeald anough if nothing else to declare in them a disposition not onely sottish but indocible and averse from all Civility and amendment and what hopes they give for the future who rejecting the ingenuity of all other Nations to improve and waxe more civill by a civilizing Conquest though all these many yeares better shown and taught preferre their own absurd and savage Customes before the most convincing evidence of reason and demonstration a testimony of their true Barbarisme and obdurate wilfulnesse to be expected no lesse in other matters of greatest moment Yet such as these and thus affected the ninth Article entrusts with the Militia a Trust which the King swore by God at New-Market he would not commit to his Parliament of England no not for an houre And well declares the confidence he had in Irish Rebels more then in his Loyaliest Subjects He grants them moreover till the performance of all these Articles that 15000 foote and 2500 horse shall remaine a standing Army of Papists at the beck and Command of Dillon Muskery and other arch Rebels with power also of adding to that number as they shall see cause And by other Articles allows them the constituting of Magistrates and Judges in all Causes whom they think fie and till a settlement to their own minds the possession of all those Townes and Countreys within their now Quarters being little lesse then all the Iland besides what their Cruelty hath dispeopl'd and lay'd wast And lastly the whole managing both of peace and warre is committed to Papists and the chiefe Leaders of that Rebellion Now let all men judge what this wants of utter alienating and acquitting the whole Province of Ireland from all true fealty and obedience to the Common-wealth of England Which act of any King against the Consent of his Parliament though no other Crime were layd against him might of it selfe strongly conduce to the dis-inthrowning him of all In France Henry the third demanding leave in greatest exigencies to make Sale of some Crown Lands onely and that to his Subjects was answerd by the Parlament then at Blois that a King in no case though of extreamest necessity might alienate the Patrimony of his Crown whereof he is but onely Usu-fructuary as Civilians terme it the propriety remaining ever to the Kingdome not to the King And in our own Nation King John for resigning though unwillingly his Crown to the Popes Legate with little more hazard to his Kingdome then the payment of 1000 Marks and the unsightlinesse of such a Ceremony was depos'd by his Barons and Lewis the French Kings Sonne elected in his roome And to have carried onely the Jewells Plate and Treasure into Ireland without consent of the Nobility was one of those impeachments that condemn'd Richard the second to lose his Crown But how petty a Crime this will seem to the alienating of a whole Kingdome which in these
and Attempts whatsoever which shall be made against His or Their Crowne and Dignitie and do my best endeavour to disclose and make knowne to His Majesty His Heires and Successors or to the Lord Deputy or other His Majesties cheife Governour or Governors for the time being all Treason or Traiterous conspiracies which I shall know or heare to be entended against His Majesty or any of them And I doe make this Recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian so helpe me God c. Neverthelesse the said Lord Lieutenant doth not hereby intend that any thing in these concessions contained shall exten'd or be construed to extend to the granting of Churches Church-livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said Lord Lieutenant doth give unto the said Roman Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of the Churches and Church-livings or of the Exercise of their respective Jurisdictions as they now exercise the same untill such time as His Majesty upon a ful consideration of the desires of the said Roman Catholicks in a free Parliament to be held in this Kingdome shall declare his further pleasure 2 Item it is concluded accorded and agreed upon by and between the said parties and His Majestie is further graciously pleased that a free Parliament shall be held in this Kingdome within six months after the date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and untill the Articles of these presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein conteined as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two yeares next after the date of these Articles of peace Then His Majesties Lord Lieutenant or other His Majesties cheif Governour or Governours of this Kingdome for the time being will at the request of the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquires Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or the major part of them call a Generall Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties cheife Governour or Governours of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdome And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usuall forme to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no dis-junction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant party or their adherents or to his Majest. Roman Catholicke subjects or their adherents other then such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other then such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other then such things as shall be propounded to either or both houses by his Majesties Lord Lieut. of other cheif Goveror or Governors of this Kingdome for the time being during the said Parliament for the advancement of his Majesties service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of peace or any of them and that both houses of Parliament may consider what they shall thinke convenient touching the repeale or suspension of the Statute commonly called Poynings Act entitled an Act That no Parliament be holden in that land untill the Acts be certified into England 3 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that all Acts Ordinances and Orders made by both or either houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholicke Subjects of this Kingdome or any of them fithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made voide by Act to be past in the next Parliament to be held in this Kingdome and that in the meane time the said Acts or Ordinances or any of them shall bee no prejudice to the said Roman Catholickes or any of them 4 Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdome and all the processes and other proceedings thereupon and all Letters Pattents Grants Leases Customes Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries fithence the seventh day of August 1641. in prejudice of the said Catholickes their Heires Executors Administrators or Assignes or any of them or the widdowes of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholikes their heires executors administrators or assignes or any of them or the widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Vise Muskerry Francis Lord Baron of Athunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reilie and Gerrald Fennell Esquires or the major part of them shall desire the same so that by possibilitie it may be done and in the mean time that no such
within this Kingdome 12 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that as for and concerning the independency of the Parliament of Ireland on the Parliament of England his Majesty will leave both houses of Parliament in this Kingdom to make such declaration therein as shall be agreeable to the Laws of the Kingdome of Ireland 13 Item It is further concluded and agreed upon by and between the said parties and his Majesty is further graciously pleased that the Councel-Table shall containe it selfe within its proper bounds in handling matters of State and weight fit for that place amongst which the Pattents of Plantation and the offices whereupon those Grants are founded to be handled as matters of State and to be heard and determined by his Majesties Lord Lieutenant or other chiefe Governour or Governours for the time being and the Councell publickly at the Councell-Board and not otherwise But titles between party and party grown after these patents granted are to be left to the ordinary course of Law and that the Councel-Table do not hereafter intermedle with common businesse that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders hearings or references concerning any such matter nor grant any injunction or order for stay of any suites in any civill cause And that parties grieved for or by reason of any proceedings formerly had there may commence their suites and prosecute the same in any of his Majesties Courts of Justice or Equity for remedy of their pretended rights without any restraint or interruption from his Majesty or otherwise by the cheife Governour or Governours and Councell of this Kingdome And that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructions and that they shall containe themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietnesse as they be not necessarily enforced to exceed the same 14 Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdome in the eleventh year of the Reigne of Queene Elizabeth intituled an Act for staying of Wooll Flockes Tallow and other necessaries within this Realme And another Statute made in the said Kingdome in the twelfth year of the Reign of the said Queen intituled an Act and one other Statute made in the said Kingdome in the 13 year of the Reign of the said late Queen intituled An Exemplanation of the Act made in a Session of this Parliament for the staying of Wooll Flocks Tallow and other wares and commodities mentioned in the said Act and certaine Articles added to the same Act all concerning staple or native commodities of this Kingdom shall be repealed if it shal be so thought fit in the Parliament excepting for Wooll and Woollfells and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquires Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdome as they shall think fit 15 Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdome pretending to have suffered by offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdome in or since the first year of King James his Reign or by attainders or forfeitures or by pretence and coulor thereof since the said first year of King James or by other Acts depending on the said offices attainders and forfeitures may petition his Majesty in Parliament for reliefe and redresse and if after examination it shal appeare to His Majesty the said persons or any of them have been injured then His Majesty will prescribe a course to repaire the person or persons so suffering according to Justice and honor 16 Item It is further concluded accorded and agreed upon by and between the said parties and His Majesty is graciously pleased that as to the particular cases of Maurice Lord Viscount de Rupe Fermoy Arthur Lord Viscount Iveagh Sir Edward Fitz Gerrald of Cloanglish Boronet Charles mac Carty Reag Roger Moore Anthony Mare William Fitz Gerrald Anthony Linch John Lacy Collo mac Brien mac Mahowne Daniel Castigni Edmond Fitz Gerrald of Ballimartir Lucas Keating Theobald Roch Fitz Miles Thomas Fitz Gerrald of the Vally John Bourke of Loghmaske Edmond Fitz Gerrald of Ballimalloe James Fitz William Gerrald of Glinane and Edward Sutton they may petition His Majesty in the next Parliament whereupon His Majesty will take such consideration of them as shall be just and fit 17 Item it is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Corke Townes of Youghall and Downegarven shall be forthwith upon perfection of these Articles restored to their respective possessions and Estates in the said City and Townes respectively where the same extends not to the endangering of the said Garrisons in the said City and Townes In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annuall rent for the same untill settlement in Parliament at which time they shall bee restored to those their possessions And it is further agreed and his Majesty is graciously pleased that the said Citizens Free-men Burgesses and Inhabitants of the said City of Corke and Townes of Youghall and Downegarven respectively shall be enabled in convenient time before the next Parliament to be held in this Kingdome to chuse and returne Burgesses into the same Parliament 18 Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their adherents of all Treasons and offences capitall criminall and personall and other offences of what nature kind or quality soever in such manner as if such Treasons or offences had never been committed perpetrated or don That the said Act do extend to
said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Tho. Lord Visc. Dillon of Costologh Lord Presid. of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them to call to an account and proceed against the Councell and Congregation and the respective Supream Councells Commissioners generall appointed hitherto from time to time by the Confederate Catholickes to manage their affaires or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholickes or to acquit orrelease any arrears of excises customes or publicke taxes to be accounted for since the 23 of Octo. 1641. and not disposed of hitherto to the publicke use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them the said Act or any thing therein contained to the contrary notwithstanding 19 Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased That an Act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exehequer Privie Councel or Judges of the foure courts be farmers of his Majesties customes within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majestie is graciously pleased that an Act of Parliament passe in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillan Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them to set down the rates for the custome and imposition to be laid on Aquavitae Wine Oile Yarne and Tobacco 21. Item it is concluded accorded and agreed and his Majestie is graciously pleased that such persons as shall be agreed on by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tirlagh O Neal Miles Reilie and Gerrald Fennell Esquires or any seven or more of them shall be as soon as may be authorized by Commission under the great Seal to regulate the Court of Castle-chamber and such causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon and his Majesty is graciously pleased that two acts lately passed in this Kingdom one prohibiting the plowing with Horses by the tail and the other prohibiting the burning of Oates in the straw bee repealed 23. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased for as much as upon application of Agents from this Kingdome unto his Majestie in the fourth yeer of his Reign and lately upon humble suit made unto his Majestie by a Committee of both houses of the Parliament of this Kingdom order was given by his Majestie for redresse of severall grievances and for so many of those as are not expressed in the Articles whereof both House in the next insuing Parliament shall defire the benefit of his Majesties said former directions for redresse therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties service that the warning mentioned in the 24. Article of the graces in the 4. yeer of his Majesties Reign be so understood that the warning being left at the persons dwelling houses be held sufficient warning and as to the 22 Article of the said graces the proces hitherto used in the Court of Wards doe still continue as hitherto it hath done in that and hath beene used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concernes warning and processe shall be omitted 24. Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdome without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there bee cause of an appeal the party grieved is to appeal to his Majestie in the Chancerie of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdome if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and untill the said Parliament the Admiraltie and Maritine causes shall be ordered and setled by the said Lord lieutenant or other chief Governor or Governors of this Kingdome for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them 25. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased that his Majesties Subjects of this Kingdom be cased or all rents and increase of rents lately raised on the commission or defective titles in the Earl of Straffords government this to be by Act of Parliament and that in the mean time the said rents or increase of rents shall not be written for by any processe or the payment thereof in any sort procured 26. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased that by Act to be
leave as not within our Cognisance to the proper cure of instruction praying for them Neverthelesse if any be found among us declar'd atheists malicious enemies of God and of Christ The Parlament I think professes not to tolerate such but with all befitting endeavours to suppresse them Otherwaies to protect none that in a larger sense may be tax'd of irreligion or atheism may perhaps be the ready way to exclude none sooner out of protection then those themselves that most accuse it to be so generall to others Lastly that we invite such as these or incourage them is a meer slander without proof He tells us next that they have murderd the King And they deny not to have justly and undauntedly as became the Parlament of England for more bloudshed and other hainous Crimes then ever King of this Land was guilty of after op'n tryall punisht him with death A matter which to men whose serious consideration thereof hath left no certain precept or example undebated is so farr from giving offence that wee implore and beseech the Divine Majesty so to uphold and support thir spirits with like fortitude and Magnanimity that all thir ensuing actions may correspond and prove worthy that impartiall and noble peece of Justice wherein the hand of God appear'd so evidently on our side Wee shall not then need to feare what all the rout and faction of men basely principl'd can doe against us The end of our proceedings which he takes upon him to have discover'd The changing forsooth of Monarchy into Anarchy sounds so like the smattering of some raw Polititian and the overworne objection of every triviall talker that wee leave him in the number But seing in that which followes he containes not himself but contrary to what a Gentleman should know of Civility proceeds to the contemptuous naming of a person whose valour and high merit many enemies more noble then himself have both honour'd and feard to assert his good name and reputation of whose service the Common-wealth receaves so ample satisfaction t is answerd in his behalf that Cromwell whom he couples with a name of scorne hath done in few yeares more eminent and remarkable Deeds whereon to found Nobility in his house though it were wanting and perpetuall Renown to posterity then Ormond and all his Auncestors put together can shew from any record of thir Irish exploits the widest scene of thir glory He passes on in his groundless conjectures that the aime of this Parlament may be perhaps to set up first an elective Kingdome and after that a perfet Turkish tyranny Of the former wee suppose the late act against Monarchy will suffice to acquitt them Of the latter certainly there needed no other patterne then that Tyranny which was so long modelling by the late King himself with Strafford and that arch Prelat of Canterbury his chief Instruments whose designes God hath dissipated Neither is it any new project of the Monarchs and their Courtiers in these dayes though Christians they would be thought to endeavour the introducing of a plain Turkish Tyranny Witnesse that Consultation had in the Court of France under Charles the ninth at Blois wherein Poncet a certain Court projector brought in secretly by the Chancellor Biragha after many praises of the Otteman Government proposes means and wayes at large in presence of the King the Queen Regent and Anjou the Kings Brother how with best expedition and least noyse the Turkish Tyranny might be set up in France It appeares therefore that the designe of bringing in that Tyranny is a Monarchicall designe and not of those who have dissolvd Monarchy As for Parlaments by three Estates wee know that a Parlament signifies no more then the Supream and generall Councell of a Nation consisting of whomsoever chos'n and assembld for the public good which was ever practis'd and in all sorts of Government before the word Parlament or the formality or the possibility of those three Estates or such a thing as a Titular Marquess had either name or being in the World The Originall of all which we could produce to be farr newer then those all Ages which he vaunts of and by such first invented and contriv'd whose authority though it were Charles Martell stands not so high in our repute either for himself or the age he liv'd in but that with as good warrant we may recede from what he ordain'd as he ordaine what before was not But whereas besides he is bold to allege that of the three Estates there remaines onely a small number and they the Dreggs and Scum of the House of Commons this reproach and in the mouth of an Irish Man concernes not them onely but redounds to apparent dishonour of the whole English Nation Doubtless there must be thought a great scarcity in England of persons honourable and deserving or else of Judgement or so much as honesty in the People if those whom they esteem worthy to sit in Parlament be no better then Scum and Dreggs in the Irish Dialect But of such like stuffe wee meet not anywhere with more excrescence then in his own lavish pen which feeling it selfe loose without the reines of discretion rambles for the most part beyond all Soberness and Civility In which Torrent he goes on negotiating and cheapning the Loyalty of our Faithfull Governour of Dublin as if the known and Try'd Constancy of that valiant Gentleman were to be bought with Court fumes He layes before him that there remaines now no other liberty in the Subject but to professe blasphemous opinions to revile and tread underfoot Magistracy to murther Magistrates to oppresse and undoe all that are not like minded with us Forgetting in the mean while himself to be in the head of a mixt Rabble part Papists part Fugitives and part Savages guilty in the highest degree of all these Crimes What more blasphemous not opinion but whole Religion then Popery plung'd into Idolatrous and Ceremoniall Superstition the very death of all true Religion figur'd to us by the Scripture it selfe in the shape of that Beast full of the names of Blasphemy which wee mention to him as to one that would be counted Protestant and had his breeding in the house of a Bishop And who are those that have trod under foot Magistracy murder'd Magistrates oppress'd undone all that syded not with them but the Irish Rebels in that horrible Conspiracy for which Ormond himselfe hath either been or seem'd to be their enemy though now their Ringleader And let him aske the Jesuitea about him whether it be not their known Doctrine and also practise not by faire and due processe of Justice to punish Kings and Magistrates which we disavow not but to murder them in the basest and most assassinous manner if thir Church-Interest so require There will not need more words to this Windy Railer convicted opnly of all those Crimes which he so confidently and yet falsely charges upon others We have now to deale though in the
same Country with another sort of Adversaries in show farr different in substance much what the same These write themselves the Presbytery of Belfast a place better known by the name of a late Barony then by the same of these mens Doctrine or Ecclesiasticall Deeds whose obscurity till now never came to our hearing And surely wee should think this their Representment farr beneath considerable who have neglected and past over the like unadvizednesse of their fellowes in other places more neer us were it not to observe in some particulars the Sympathy good Intelligence and joynt pace which they goe in the North of Ireland with their Copartning Rebels in the South driving on the same Interest to loose us that Kingdome that they may gaine it themselves or at least share in the spoile though the other be op'n enemies these pretended Brethren The Introduction of their Manifest out of doubt must be Zealous Their Duty they say to God and his people over whom he hath made them Overseers and for whom they must give accompt What meane these men is the Presbytery of Belfast a small Town in Ulster of so large extent that their voyces cannot serve to teach duties in the Congregation which they oversee without spreading and divulging to all parts farr beyond the Diocesse of Patrick or Columba their writt'n Representation under the suttle pretence of Feeding their owne Flock Or doe they think to oversee or undertake to give an accomht for all to whom their paper sends greeting St. Paul to the Elders of Ephesus thinks it sufficient to give charge that they take heed to themselves and to the Flocke over which they were made overseers beyond those bounds hee inlarges not their Commission And surely when we put down Bishops and put up Presbyters which the most of them have made use of to enrich and exalt themselvee and turn the first heele against their Benefactors we did not think that one Classick Fraternity so obscure and so remote should involve us and all State affairs within the Censure and Jurisdiction of Belfast upon pretence of overseeing their own charge Wee very well know that Church Censures are limited to Church matters and these within the compasse of their own Province or to say more truly of their own Congregation that affaires of State are not for their Medling as we could urge ev'n from their own Invectives and Protestations against the Bishops wherein they tell them with much fervency that Ministers of the Gospell neither by that function nor by any other which they ought accept have the least Warrant to be Pragmaticall in the State And surely in vain were Bishops for these and other Causes forbid to fit and vote in the Hous if these men out of the house and without vote shall claim and be permitted more license on their Presbyteriall stooles to breed continuall disturbance by interposing in the Common Wealth But seeing that now since their heaving out the Prelats to heave in themselves they devise new wayes to bring both ends together which will never meete that is to say their former Doctrine with their present doings as that they cannot else teach Magistrates and Subjects their duty and that they have besides a Right themselves to speake as Members of the Common Wealth Let them know that there is a wide difference between the generall exhortation to Justice and Obedience which in this point is the utmost of their Duty and the State disputes wherein they are now grown such busie Bodies to preach of Titles Interests and alterations in government more then our Saviour himselfe or any of his Apostles ever took upon them though the Title both of Caesar and of Herod and what they did in matters of State might have then admitted controversie anough Next for their Civill Capacities we are sure that Pulpits and Church-assemblies whether Classicall or Provinciall never were intended or allowd by wise Magistrates no nor by him that sent them to advance such purposes but that as Members of the Common Wealth they ought to mixe with other Commoners and in that temporall Body to assume nothing above other Private persons or otherwise then in a usuall and legall manner not by distinct Remonstrances and representments as if they were a Tribe and party by themselves which is the next immediate way to make the Church lift a Horne against the State and claim an absolute and undepending Jurisdiction as from like advantage and occasion to the trouble of all Christ'ndome the Pope hath for many Ages done and not only our Bishops were climing after him but our Presbyters also as by late experiment wee find Of this Representation therefore wee can esteem and judge no other then of a slandrous and seditious libell sent abroad by a fort of Incendiaries to delude and make the better way under the cunning and plausible name of a Presbytery A second Reason of thir Representing is that they consider the dependance of that Kingdome upon England which is another shamelesse untruth that ever they consider'd as their own Actions will declare by conniving and in thir silence partaking with those in Ulster whose obedience by what we have yet heard stands dubious and with an eye of Conformity rather to the North then to that part where they owe thir subjection and this in all likelihood by the inducement and instigation of these Representers who are so farr from considering thir dependence on England as to presume at every word to terme proceedings of Parliament the Insolencies of a Sectarian party and of private men Despising Dominion and speaking evill of Dignities which hypocritically they would seeme to disswade others from and not fearing the due correction of their Superiors that may in fit season overtake them When as the least consideration of their Dependance on England would have kept them better in their Duty The third Reason which they use makes against them The remembrance how God punisht the contempt of their warning last yeare upon the Breakers of Covnant whenas the next year after they forget the warning of that punishment hanging over their own heads for the very same transgression their manifest breach of Covnant by this seditious Representation accompanied with the doubtfull obedience of that Province which represents it And thus we have their preface supported with three Reasons two of them notorious falsities and the third against themselves and two examples the Province of London the Commissioners of the Kirk Assembly But certain if Canonicall examples bind not much lesse doe Apocryphall Proceeding to avouch the Trust put upon them by God which is plainly prov'd to be none of this Nature They would not be lookd upon as sowers of Sedition or authors of divisive motions their Record they say is in heaven and their Truth and honesty no man knowes where For is not this a shamelesse hypocrisie and of meer wolves in sheeps cloathing to sow sedition in the Eares of all men and to face us