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A53435 The last articles of peace made, concluded, accorded and agreed upon the 30 day of Iuly, 1646, by and between His Excellency, James Lord Marques of Ormond, Lord Lieutenant General, and General Governor of His Majesties Kingdom of Ireland, His Majesties Commisssioner, to treat and conclude a peace with His Majesties Roman Catholique subjects of the said kingdom, by vertue of His Majesties Commission under the great seal of England bearing date at Buckingham on the 24 day of June, in the twentieth year of his reign, for and on the behalf of His Most Excellent Majesty of the one part, and Donogh Lord Viscount Muskery and others appointed and authorized by His Majesties said Roman Catholique subjects, by vertue of an authority of the said Roman Catholique subjects, bearing date the sixth day of March, 1645, and in the one and twentieth year of His Majesties reign, of the other part. Ireland. Lord Lieutenant (1641-1649 : Ormonde); Ormonde, James Butler, Duke of, 1610-1688. 1646 (1646) Wing O446; ESTC R6410 19,593 32

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confirmed unto them and their Heirs against Vs and our Heirs 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 Vs Our Heirs 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 Vs out of the said Lands and Premises by any Letters Patents 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 until the 21. of July 1615. Whereby our late dear Father or any His Predecessors actually received any profit by Wardship Liveries primer Seisins mesne rates Ouster le mains or fines of alienations without licence be again reserved unto Vs Our Heirs and Successors And all the rest of the premises to be holden of our Castle of Athloane by Knights Service according to Our said late Fathers Letters notwithstanding any Tenures in Capite sound for Vs by Office since the 21. of July 1615. And not appearing in any such Letters Patents or Offices within which rule it is His Majesties pleasure and it is so concluded and agreed that the said Lands in the Countreys of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the fourth year of His Majesties Reign Provided always and it is the intention of the said parties to these presents that the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and Country of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such Composition and Agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respites and Issues of Homage any clause in this Article contained to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was Intituled by Offices taken or found in the time of the Earl of Straffords Government is this Kingdom His Majesty is graciously pleased that the state thereof shall be considered in the next intended Parliament wherein His Majesty will assent unto that which shall be just and Honorable And it is further concluded and agreed by and between the said parties and His Majesty is further graciously pleased that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the 21. year of His late Majesty King James His Reign in England 7. Item It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all Incapacities imposed upon the Natives of this Kingdom 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 Inns of Court in or neer the City of Dublin and that such Students Natives of this Kingdom as shall be therein may take and receive the usual Degrees accustomed in any Innes of Court they taking the ensuing Oath viz. I. A. B. do truly acknowledge professe and declare in my Conscience before God and the World That our Soveraign Lord King Charles is Lawful and Rightful King of this Realm and of other His Majesties Dominions and Countreys 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 Heirs and Successors or to the Lord Deputy or Governors for the time being all Treasons or Trayterous Conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and Acknowledgement Heartily and Willingly and Truly upon the true Faith of a Christian So help me GOD. And that they may erect one or more Universities to be Governed by such Rules and Orders as His Majesty shall appoint And it is further concluded and agreed by and between the said parties and His Majesty is graciously pleased that the said Roman Catholique Subjects may erect and keep Free-Schools for education of Youth in this Kingdom any Law or Statute to the contrary notwithstanding all the matters of this Article to be passed as Acts of Parliament in the said next Parliament 8. Item It is further concluded accorded and agreed upon by and between the said parties and His Majesty is graciously pleased That places of Command Honor Profit and Trust in His Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon His Roman Catholique Subjects of this Kingdom And that upon the distribution conferring and disposal of the places of Command Honor Profit and Trust in His Majesties Armies in this Kingdom for the future no differnnce shall be made between the said Roman Catholiques and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities And that all his Majesties Subjects of this Kingdom as well Roman Catholiques as others shall for his Majesties Service and their own security arme themselves the best they may wherein they shall have all fitting encouragement And that places of Command Honour Profit and Trust in Civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon His Majesties Roman Catholique Subjects of this Kingdom And that in the Distribution conferring and disposal of the places of Command Honor Profit and Trust in the Civil Government for the future no difference shall be made between the said Roman Catholiques and others His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and abilities And that in the distribution of Ministerial Offices or Places which now are or hereafter shall be voyd in this Kingdom equality shall be used to the Roman Catholique natives of this Kingdom as to other His Majesties Subjects That the Command of Forts Castles Garisons Towns and other Places of Importance in this Kingdom shall be conferred upon His Majesties Roman Catholique Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Castles Garisons Towns and other places of Importance in this Kingdom no difference shall be made between His Majesties Roman
I do make this recognition and acknowledgement heartily willingly and truely upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman Catholique happen to be promoted presented or advanced to any Ecclesiastical promotion dignity or benifice according to the form now used in the Protestant Church of Ireland That the freedom and exemption aforesaid shall not extend to any such Roman Catholique Or if any being Protestant be advanced promoted or presented to any Ecclesiastical benefice dignity or promotion shall afterwards happen to become a Roman Catholique that the freedom and exemption aforesaid shall not so far extend to any such Roman Catholique but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said benefice dignity or promotion according to the said Statute And it is further concluded accorded and agreed by and between the said parties that for all matters concerning the first Proposition of the said Catholiques viz. That all Acts made against the professors of the Roman Catholique Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman Catholique within the Kingdom of Ireland may be Repealed and the said Catholiques to be allowed the freedom of the Roman Catholique Religion That His Majesties said Roman Catholique Subjects be referred to His Majesties gracious Favor and further Concessions And that no clause in these A'rticles shall or may hinder His Majesties said Roman Catholique Subjects or any of them from the benefit of His Majesties further Graces and Concessions And that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman Catholique Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholique Subjects to be accordingly drawn into Bills and transmitted according to the usual maner to be afterwards passed as Acts in the said Parliament 2. Item It is further concluded accorded and agreed upon by and between the said parties And His Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles to be passed in Parliament shall be transmitted into England according the usual form to be passed in the said Parliament and that the said Acts so to be agreed upon and so to be passed shall receive no alteration or diminution 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 any of His Majesties Roman Catholique Subjects party or their Adherents other then such things as upon this Treaty shall be 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 such other things as shall be propounded to either or both Houses by the Lord Lieutenant or other chief Governour or Governour 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 these Articles or any of them 3. Item It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonor or prejudice of His Majesties Roman Catholique Subjects of this Kingdom or any of them sithence the 7. of August 1641. shall be vacated and that the same and all exemplifications and other Acts which may continue the memory of them be made void by Act of Parliament 4. Item It is further concluded accorded and agreed upon by and-between the said parties And His Majesty is further graciously pleased that all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiams 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 sithence the 7. of August 1641. in prejudice of the said Catholiques their Heirs Executors Administrators and Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonor or prejudice of the said Catholiques their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done immediately after concluding of these Articles and at furthest before the first day of October next Or in case the said new Parliament be called sooner then the said last day of November then fourty days before the said Parliament And that all impediments which may hinder the said Roman Catholiques to Sit or Vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to Sit or Vote there shall be removed before the said Parliament Provided that no man shall be questioned by reason of this Article for mesne rates or wastes saving wilful wastes committed after the first of November 1645. 5. Item It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all debts do stand in state as they were in the beginning of those troubles and that no grant or disposition made or to be made thereof by vertue or colour of any Attainder Outlawry Fugacy or other Forfeiture whatsoever or otherwise shall be of force and this to be passed as an Act in the said next Parliament 6. Item It is concluded accorded and agreed by and between the said parties 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 Connaught and County of Clare or Country of Thomond as of the County 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 said Proposition doth ensue in these words viz. Wee are Graciously pleased that for the securing of the Inhabitants of Connaught and Country of Thomond and County of Clare that their several Estates shall be
are to continue till settlement by Parliament Si tam diu se bene gesserint And if any who shall be so intrusted shall misbehave himselfe in the execution of such trust within that time that then such other person or persons shall be appointed in his or their place as shall be agreed on by His Majesties Chiefe Governour or Governours for the time being by the Advice and Consent of the said persons so to be intrusted or any five or more of them and the said Commissioners are to make their Estreates as accustomed in time of Peace and shall take the ensuing Oath viz. You shall sweare that as Justice of the Peace Oyer and Terminer and Goale delivery in the Counties of A. B. C. in all Articles of the Kings Commission to you directed you shall doe equall right to the poore and to the rich after your Cunning Wit and Power and after the Lawes Customes of the Realme and in persuance of these Articles and you shall not be of Councell of any quarrel hanging before you And the Issues Eines and Amerciaments which shall happen to be made and all Forfeitures which shall happen before you You shall cause to be entr d without any concealement or imbezeling and truly send to the Kings Exchequer You shall not lett for gift or other cause but well and truly you shall doe your Office of justice of the Peace Oyer and Terminer and Gaole deliverie in that behalfe and that you take nothing for your Office of Justice of the Peace Oyer and Terminer and Gaole delivery to be done but of the King and Fees accustomed And you shall not direct or cause to be directed any warrant by you to be made to the parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the Kings Officers or Ministers or other indifferent persons to doe Execution thereof So helpe you God And that as well in the said Commission as in all other Commissions and authorities to be issued in persuance of these present Articles this Clause shall be incerted viz. That all Officers Civill and Marshall shall be required to be ayding and assisting and obedient unto the said Commissioners and other persons to be authorized as abovesaid in the execution of their respective powers 27. Item It is further Concluded accorded and agreed by and between the said Parties And his Majesty is further graciously pleased That none of the now Roman Catholique party shall from henceforth untill there be a settlement by Parliament Sue Impleade or Arrest or be sued Impleaded or Arrested in any Court Place Judicature or Tribunall or before any Judge Justice or Commissioner whatsoever other then before the Commissioners aforesaid or in the severall Corporations or other Judicatures within the now Quarters of the said Confederate Catholiques as hath or have Power derived from His Majestie 28. Item It is further concluded accorded and agreed by and betweene the said parties and His Majestie is further graciously pleased that His Majesties Confederate Catholique Subjects doe continue the possession of such of His Majesties Cities Garrisons Townes Forts and Castles which are within their now Quarters untill settlement by Parliament and to be Commanded Ruled and Governed in chiefe by such as His Majestie or his chiefe Governor of Governors of this Kingdome for the time being shall Appoint and His Majestie his chiefe Governor or Governors of this Kingdome as aforesaid is to issue Commissions and appoint such person and persons as shall be named by His Majesties chiefe Governour or Governours for the time being by and with the advice and consent of the said Lord Viscount Mountgarret Donnough Lord Viscount Muskery Sir Daniel ô Bryen Sir Lucas Dillon Nicholas Plunket Richard Bellings Philip mac Hugh ô Rely Terlogh ô Neale Thomas Fleming Patricke Darcy Gerrald Fennell and Geffry Browne Esquires or any five or more of them for the execution of such Command Rule or Government to continue untill all the particulars in these present Articles agreed on to passe in Parliament shall be accordingly passed only in case of death or Misbehaviour s●ch other person or persons to be appointed for the said Command Rule and Government to be named and appointed in the Place or places of him or them who shall so die or Misbehave themselves as the Chiefe Governour or Governours for the time being by the advice and consent of the said Lord Viscount Mountgarret and the rest of the above mentioned parties to be authorized as aforesaid or any five or more of them shall thinke fit and to be continued untill settlement in Parliament as aforesaid 29. Item It is further concluded accorded and agreed by and betweene the said parties and His Majestie is further graciously pleased that all Customes belonging to His Majestie which from the perfection of these present Articles shall fall due within this Kingdome shall be payed into his Majesties Receipt and to His use any Request Clause or Demand in the Act of Oblivion or in any other former Propositions to the contrary notwithstanding Provided that all and every person and persons who are at the present Intrusted within the now Quarters of the Confederate Catholiques by them the said Confederate Catholiques in the Entries Receipts Collections or otherwise concerning the said Customes doe continue their respective Imployments in the same untill full settlement in Parliament other then as to such and so many of them as to the chiefe Governour or Governours for the time being by the advice and consent of the said Lord Viscount Mountgarret and the other persons to be authorized as aforesaid or any five or more of them shall be thought fit to be altered and then and in such case or in case of death or misbehaviour or other alteration of any such person or persons such other person or persons to bee imployed as shall be thought fit by the Chiefe Governour or Governours for the time being by and with the advice and Consent of the said Lord Viscount Mountgarret and the rest of the persons to be authorized as aforesaid or any five or more of them And as to His Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto His Majestie notwithstanding any thing contained in the Article of the Act of oblivion or in any other Article to the contrary but the same not to be Written for or Levied unitll a full settlement in Parliament as aforesaid 30. Item It is further concluded accorded and agreed by and betweene the said parties And His Majesty is further graciously pleased That the Commissioners of Oyer and Terminer and Gaole delivery to be named as aforesaid shall have Power to heare and Determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corne in Reeke or Stacks Robberies Burglaries force●ble entries Detainers of Possessions and other Offences commiteed or done and to be committed and done from the 15 day of September 1643. untill the first day of the next Parliament These present Articles or any therein contained to the contrary notwithstanding Provided that the Authoritie of the said Commissioners shall not extend to question any person or persons for doing or Committing and Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrantor direction from those in publique Authority among the Confederate Catholiques nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue of pretence of any authoritie which is now by these Articles agreed on Provided also the said Commission shall not continue longer then to the first day of the next Parliament In witnesse whereof his Excellencie the Marquesse of Ormond Lord Lievtenant of Jreland His Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot ô Bryen Patrick Darcie Geffry Browne and John Dillon Esquires And the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskery Sir Robeat Talbot Barronet Dermot ô Bryen Patricke Darcy Geffry Browne and John Dillon Esquires to that part of these Articles remaining with the said Lord Lievtenant have put their hands and seales at Dublin this 28 day of March 1646. and in the two and Twentieth yeare of the Raigne of our Soveraigne King CHARLES King of Great Brittaine France and Ireland c. FINIS