shal be thought meet to extend it to in such way as may give best satisfaction according to our Instruction Except 4. That great inconveniency may happen to all the Protestants of Ireland who are to be included in this Treaty if they should therby conclude themselves to submit to all the Ordinances of Parliament Answ 1. We have declared c. That their submitting to all Ordinances of Parliament is to be understood no otherwise then as all others doe who have alwayes adhered to and never offended the Parliament 2. We know of no Ordinance of Parliament that requires the Covenant to be taken in the Kingdome of Ireland 3. We are no wayes instructed to suppresse the Book of Common Prayer or impose the Directory though your Lordships represented in your own Instructions that the Directory might be used here 4. It may also be considered That your Lordship made Overture of submitting to the Direction of both Houses of Parliament and that exclusively to any one whaâ—soever as to the ordering and disposing of the Army c. If they should accept of your Overture which could not be understood otherwise to be done but by Ordinances of Parliament as to them from time to time should seeme meet Exception 5. Lastly That the Kings direction for the Delivery up of the Government is not obteined and that your Commissioners were commanded to forbeare the delivering unto the Sâ—â—â—ch Commissioner the duplicate of the Letters which your Lordship and the Councell had written to His Majesty concerning the same Answ 1. Wee are very confident what the Committee of both houses did therein was by direction of the Parliament 2. Your Commissioners did declare that if supplyes were not instantly dispatched you would take it for granted none would bee sent and therefore must be necessitated to think of some other course for your Preservation as by the Lawes of God and Nature became you and therefore it could not be imagined the necessity being so great under which your Lordship then was according to the representation thereof made to the Parliament that you would refuse such Supplies from the Parliament in manner as they directed till your Letter should be from thence sent to Newcastle and an answer thereof returned to your Lordship which would not undoubtedly have taken up much more time then the extremity of your Condition here according to the foresaid representation could possibly admit of And information was given that an addresse to the King was also made by your Lordship anotâ—er way and we have not yet understoâ—d by your Lordship that he hath inhibited you to proceed and conclude with us But more especially we desire it may be considered by your Lordship that in your letter to the King mentioned in your exceptions your Lordships expressions are full to proceed with the Parliament upâ—n the overture made to them in the Propositions not onely without desiring answer but without expecting consent or direction from his Majesty before such time as you would conclude the same and your Lordship doth onely give an accompt of your Resolutions his Majesty unconsulted with as already fix't with expâ—ctation onely of a benigne construction from his Majesty thereupon And that not onely from the consideration of necessity but as we conceive of your Lordships duâ—y also as the case theâ— stood no lesse then a Kingdome lying at the Stake to make your application in such manner to the Parliament 3. May it not also be considâ—red what reason the Parliament had to conceive your Lordship intended not so to insist on the Kings direction as with uâ— it you would not conclude when they observed that by those Propositions from your Lordship a Copy whereof you have delivered us you offered if they should accept thereof to put your present Army and Forces called by your Lordship his Majesties Army Notwithstanding any interest you apprehended the King had therein under the sole direction of both Houses of Parliament And yet in those Propositions we finde no mention made of consent or direction to be first had from the King which was believed your Lordship then as at this time also might the better do for that by act of Parliament the mannaging of the Waâ— of Ireland is established in both Houses of Parliament alone 4. It may be considered that however many eases of this nature in the late troubles in England have happened where Persons under great obligations to the King have frequently surrendâ—ed to the Parliament Garisons and Forces which they received by command from his Majesty as in particular that of Oxford where remained not onely the Duke of Yorke and his Majesties Councell but also the Sword the great and lesser Seales with other Ensignes of the Regall Power and alâ— these without first having any explicite direction from the King to deliver up the same 5. When we also consider how passionately it was represented to the Parliament by your Lordship of how great importance the City and Castle of Dublin together with the Garisons under your Command were in order to the recovery of the Kingdome of Ireland the preservation of the Protestant Religion together with all the Protestants therein as also how undoubtedly all must miscarry if Supplies did not timely come We cannot but wonder that in case of so high concernment and so great necessity the spilling of the blood of so many thousand Protestants being unavoidable according to the grounds and representations offered by your Lordship to the Parliament the danger whereof remaines the same for ought hath occurred to us granted also by the losse of many Garisons since and will be perfected by your rejecting the Supplies with so much expedition and Charge sent hither by the Parliament that yet the Kings consent should be so insisted on as that neither the preservation of the said Protestant Religion nor the blood of thousands of Protestants nor any of the fore-mentioned Considerations should puâ—chase a Dispensation therein 6. And whereas your Lordships Oath is objected It appeares to us to be penn'd with speciall caution and relation to such a time of necessity as this and is rather as we conceive sullfilled by consent to then refusall of the conditions offered to your Lordship unto which also we believe that respect was had when those Resolutions were taken up expressed in the fore-mentioned Letter to the King Wee hold it our Duty to deale thus cleerly and freely with your Lordship that if it were possible we might give satisfaction thereby However our consciences doe acquit us that we have done our utmost therein and doâ— conceive that those that imployed us will be abundantly acquitted in the sight of God and Man as having done what could be expected from them and unto whom for any neglect in this affaire the guilt of Blood we are confident shall not be imputed in that day wherein inquisition shall be made for the same Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy Rion Salwey November 1646.
preserve and keep for His Majesty before we do receive His direction therein We doubt not but we shall be acquit herein before God and men if we insist upon the refusall of that which we cannot do without the violation of our Oath to God and the King To sum me up in briefe those particulars wherein we are not satisfyed by any of your Papers nor by any thing which was delivered in the Conference First you have shewed us no direction from his Majesty to deliver the Sword c. which you say you have not procured Secondly you have not offered assurance to the Papists of this Kingdome who have adhered to his Majesties government since the 22. of October 1641. for their estates which is confessed by you Thirdly you have not undertaken that the Covenant shall not be pressed nor that the Book of Common-prayer shall not be suppressed Fourthly you have given no assurance either for the continuance of the Judger and Officers of the Civill List or the Officers of the Martiall in their respective imployments or the Cleargy in their respective Rights and incumbencies Fiftly you have given us no satisfaction in that great and main Objection touching the present Parliament which would be dissolved if that we should deliver the Sword in manner as is desired The Papers do cleere none of these particulars and nothing was delivered positively in the Conference which doth any wayes enlarge the former Papers We know that in matters of so high and great concernment you will go to the utmost Limits of your instructions and that in these things which seem doubtfull to us you will if any expedient can be found for the continuing the Treaty represent them to those who employed you in the best manner you can for Our satisfaction according to the promise made by you in your last Paper for which we doe returne you thankes in the behalfe of all His Majesties Protestant Subjects and those who have faithfully adhered to them And for that full satisfaction cannot be given to us without your further Application to the Parliament for enlarging your powers We being resolved to leave no meanes unattempted that may conduce to the preservation of his Majesties Protestant Subjects in this Kingdome and the Rights of the Crowne of England and to the end the Forces brought hither by you may be employed to those good ends whilest His Majesties pleasure by us and that of the Parliament by you is sought do offer these following Propositions First that the Officers and Souldiers sent hither by the Parliament of England be put into one or more convenient Garrisons and be commanded by their Respective Officers who are to receive Orders from Us and the Governours of the places where they shall be Garison'd and to be subject to the Lawes Martiall now in force in this Kingdome Secondly We desire towards the keeping of the Army now under our Command for six weekes three thousand pounds wherof two parts in money and a third part in victualls Thirdly That there be an ingagement from you to us on the behalfe of the Parliament that the Officers and Souldiers which are to be Garrisoned as in the first Proposition is mentioned shall do no Act prejudiciall to the present Government here And that in case we shall not at or before the expiration of the said six weeks agree that they shall remove from those places out of our quarters at such time as we shall direct Fourthly We shall engage Our selfe unto you that the said Officers and Souldiers shall quietly and peaceably be permitted by Us to remove with their Armes Provisions and other things belonging unto them to Shipboard or to such other places out of Our quarters as you Sir Robert Meredith Sir Thomas Wharton Sir Robert King and Sir John Clotworthy Knights and Richard Salwey Esquire or any three of you shall direct And to these Our Propositions We desire your speedy Answer ORMONDE Dublin 22. Novemb. 1646. HAving received your Lordships papers of the 21. of November and in them your returne to what was first delivered in-conference and afterwards for your Lordships satisfaction put in writing and signed by us And whereas in those papers your Lordship desires a coppy of the Instruction whereby power is given us to agree for Pensions to the value of two thousand pounds per annum We have the light fit that nothing may be wanting on our parts herewith to deliver you a Coppy of the said Instruction And however upon perusall of your Lordships paper of the 21. of November we find little cause to beleeve satisfaction will be received by your Lordship as hath been andeavoured to be given by Us. Yet forasâ—â—â—â—eh at your third paper of the 19. of November dâ—â—d express that when you should receive in writing signed by us what war delivered in Conference to your Lordship you would then declare unto us whether or no you would rest satlsfied therewith or upon the whole matter insist upon your refusall we desire your Lordship speedily to give us your positive answer accordingly And withall we hold it fit to declare that as we conceive the grounds of satisfaction offered by us doe remaine unanswered by you Lordship and particularly touching the Kings consent and direction which you call maine and fundamentall we having made it appeare that your Lordships Overture to the Parliament was to put all your Forces and Garrisons under their sole Command the King unconsulted with at all therein so we no wayes thinke fit though our Instructions should therein anthorize us to accept of the Propositions mentioned in the latter end of your papers as an expedient to continue any longer It yet your Lordship continue to refuse what we have offered we can onely give account thereof to those that imployed us and must leave it to the world to judge whether those Exceptions taken and insisted on by your Lordship be consonant to those grounds and principles held forth in your Overture made to the Parliament by which they were induced to send Succours hither or whether all the particulars so farre insisted on by your Lordship that it appâ—â—arâ—s not to us you will recede from any one thereof be of equall concernment to that hazard yea according to your Lordships owne representation that Certainty of losse not of a Kingdome only but of Thousands of Protestants and together with them the Protestant Religâ—on also All which by the great care and pious endeavours of the Parliament of England might have been through the blessing of God prevented if what we have oftered and doe yet offer in their names he not by your Lordship refused Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy R. Salwey A Copie of the Instruction mentioned in the former Paper YOu or any Three of you have also hereby power given you to agree for such allowances to be paid to others by constans Pension during the Warre of Ireland for the better and more fir me carrying on of this Worke as shall not exceed in the whole the suâ—â—me of Two Thousand Pounds per-annum to all other persons beside the Two Thousand pounds per annum to the Lord of Ormonde And those pensions to continue till they can receive the like benefit by their owne Estates Signed as the rest of the Instructions Vera Copia Ex. W. Rowe 22. Novemb. 1646. WHereas by your paper of the 22. of Nov. 1646. You affirme that you made it appeare that our Overture to the Parliament was to put our Forces Garrisons under their sole Command the King not consulted withal therin we doe positively affirme that you neither have nor can make it appear that we made Overture to the Parliament to put all our Forces and Garrisons under their sole Command the King unconsulted for whatsoever hath been offered by us unto the Parliament by our Prop sitions and Instructions We are constant thereunto and still ready to performe ORMONDE 22. Novemb. 1646. HAving received your Lordships paper of the 22. of November which we conceive needs no reply we desire to know whether your Lordships will returne any further answer to our first paper of this dayes date Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy Rich. Salwey 22. November 1646. VVEE may not returne other Answer then Wee have done in Our former papers untill Wee have Consulted His Majesty and received His Direction therein ORMONDE 22. Novemb. 1646. VVE having heard nothing from you since We sent Our last paper We desire to know whether We shall understand this Treaty to be at an end for the present that if neither Our Propositions sent by Us to the Parliament of England nor the Propositions Wee sent unto you for the stay of your men be assented unto in manner as is Propounded We may consider what further course to take for the preservation of His Majesties Subjects and the Rights of the Crowne ORMONDE 22. Novemb. 1646. IN Answer to your Lordships paper of the 23. of November Wee returne That Wee continue assured there is no other way according to the representation made by your Lordship to the Parliament of preserving the Protestants of the Kingdome of Ireland nor of the Rights thereof relating to the Kingdome of England but by accepting the the Overtures made by us to your Lordship according to Our Papers delivered in Your Lordship insisting upon a positive refusall thereof we understand the Treaty to be at an end And as for the offers lately made by your Lordship to us we refer our selves to our Answer already given thereunto and can in no wise accept of the same Rob. Meredith Tho. Wharton Rob. King Jo. Clotworthy Rich. Salwey FINIS
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 Bladâ—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 Propâ—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. Fiâ—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 Forcâ—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 Swoâ—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
of the Rebels lye neare this â—itiâ— and may probably make some speedy attempt upon the same we hold it our duty for the preservation thereof and of he Protestants therein to declare that if your Lordship apprehend such danger to be and that any Supplies of Men and Ammunition which wee have brought with us may prevent the same we are reaâ—y to give all such assistance as may be thought expedient during the time the pâ—esâ—nt Treaty câ—nâ—iâ—uâ—s with you Lordship and are willing to give such Cantion as may be expected from us That no other use shaâ—l be made of the same then is herein expressed and shaâ—l expect the like from your Lordship As also that such Men and Ammunition as we shall bring a-shore for the purposes aforesaid be if the Treaty succeed not returned us back again Rob. Meredith Tho. Wharton Rob. King Jo. Clotworthy Ri. Salwey 16. November 1646. UPon consideration had of your fourth Paper of the fifteenth of this moneth and the first paper of the sixteenth of this in nâ—th and he Copy of the Additionall Instruction sent unto us therewith before we can deliver any positive answer to your papers we hold it necessary to be satisfied in the following particulars First whereas you expresse in that paper of the fifteenth as followeth viz. we are enabled to â—ive to such Protestants not having been in the Irish rebellion as we condition withall assurance of security to their persons and theâ—estater and goods that they have in Ireland we desire you to declare whether those words viz. such Protestants not having been in the Irish rebellion you intend to exempt those Protestants or any of them who have had a hand in making the cessation or the late peace or who have done any thing by occasion or in Pursuance thereof Secondly whether by these words viz. we are enabled to give such Protestants as we condition withall assurance you intend that every particular Protestant shall come and make his conditions with you or whether all the Protestants of this Kingdome are not to be included within the present treaty and to partake of the agreement which shall be made Thirdly whether by those words Submitting to Ordinances of Parliamen it be intended that they shall submit to all aâ—d every the Ordinances already made and which hereafter shall be made by the Parliament of England Fourthly we find nothing in the Comâ—ission nor in any of the Instructions delivered by you to us for the continuance of the Judges and Ministers of the Civil List and Oâ—ficers of the Martiall List in their respective imployments nor any answer given by you unto us in any of your papâ—rs unto that particular and herein we desire to be satisfied as a matter wherein their being and livelihood doth depend Ormond 16. November 1646. TO the first and second parcicular of your Lordships first paper of the 16. November we answet that we shall not exempt any Protestants of Ireland though thâ—y have of late consented or submitted either to the cessation of Armes or the peace concluded with the Irish rebels so as they submit to the Parliament wiâ—hin twenty dayes after our sending to them To the third particular your Lordship hath an authentick copie of the Instruction wherein those words submitting to alâ— Ordinance of Parliament are expressed of which we have no explanation To the fourth particular concerning the continuation or displacing of the Judges an 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 doe intend accordingly to imploy such of them as shall be found fit for the service Having thus endeavoured to give your Lordship all possible satisfaction we do again desire your Lordships positive answer to our papers formeny given in it being too manifest how grest mischief may befall the Protestants of this Kingdom and the service with which we are entrusted should not our Debates be brought to a speedy conclusion Rob. Meredith T. Wharton Rob. King J. Clotworthy Ri. Salwey 16. November 1646. We are not satisfied with your answer to our first Paper of the 16. of Novemb. to which we take these following exceptions for the present First we desired by our said paper to know of you whether you intended to exempt the Protestants or any of them who have had a hand in making the cessation or late peace c. to which you make this answer That you wil not exempt any Protestants of Ireland though they have of late consented or submitted either to the cessation or the peace concluded with the Irish rebels so as they submit to the Parliament within twenty dayes after your sending unto them within which words no provision is made either for those who had a hand in the making thereof or did upon the first making thereof submit thereunto And besides no provision is made for any but such as you shall send unto so that it will rest in your power to whom you will send and when wherein there is no certainty Secondly we desired by our said paper to know of you whether you intended that every particular Protestant shall come and make his conditions with you or whether all the ProtestaÌ„â—s of this kingdom are not to be included within the present Treaty and to partake of the agreement to be made to which no cleare answer is given And whereas you desire our positive answer to your papers formerly given â—it being as you say too manifest how great mischiefe may befall the Protestants of this kingdome and the seruice with which you are intrusted if your debates should should not be brought to a speedy conclusion We desire you for the same reasons to set down fully and clearly how far the propositions which we sent to the Parliament by our Commissioners are assented unto and upon view and consideration thereof we shall speedily give our positive answer Ormond 17. November 1646. IN answer to your Lordships second paper of the 16. of November and for clearing so farre as possibly lyes in us the Exceptions therein taken to our answer unto your Lordships first paper of the same date We herewith deliver all the Instructions which we have received that do as we conceive in any kind whatsoever relate thereunto and if yet â—â—â—te shall remain with your Lordship any doubâ— concerning those particulars we shall represent the same if the Trâ—acy do succeed to those that imployed us with the best advantage for the Protestanâ—s of this Kingdome Further satisfaction then this we suppose cannot be expected from us As to the other part of your Lordships paper wherein you would have us set down fully and clearly â—ow far the propositions which you sent to the Parliament by your Commissioners are assenâ—ed unto we cannot answer your Lordships desire therein neither those propositions nor copies of them being delivered unto us We therefore earnestly desire your Lordship to accept of the
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 transmiâ—â—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 â—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 oâ— 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 expresâ—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
in And whereas we did at the same time also desire to know whether or no your Lordship had received satisfaction to all or any of your said Exceptions or whether you would still insist upon your refusall whereupon your Lordship by your third Paper of he 19. of Novemb. returned answer That what was delivered upon the Conference cannot be made use of by your Lordship as binding unto us unlesse it be reduced to writing and signed by us and that when we shall have reduced the same to writing and given you a coyy therof signed by us your Lordship will then declare unto us whether or no you will rest satisfied therewith or shall upon the whole matter insist upon your refusall Wee have therefore accordingly exprest in writing the summe of what was delivered in Conference which wee offer to your Lordship as followeth Youâ— Lordships first Exception is Except 1. That none of the Propositions of the first way of Overture which were transmitted by your Lordship to the Parliament are assented unto To which we answer Answ 1. That an Ordinance of Parliament of the 15. of October 1646. â—ontaining the Declaration of both Houses to proceed upon the second way of Overture made by your Lordship was by us delivered to your Lordship 2 That Declaration was made by the Parliament before such time as Sir Francis Willongâ—by returned from London from whom your Lordship might be informed thereof 3 Your Lordship presuming before your Commissioners came from London that the Parl. might not accept of those Propositions did by Additionall Instructions declare you would not insist thereupon and accordingly gave them liberty to recede from the same and to propound a second way of Overture which the Parliament did proceed upon and appointed a way of Treating with you of which your Commissioners did advertise your Lordship by Direction of the Committee of Parliament appointed to consider of the said Propositions And 4 If your Lordship observe how far that second way of Overture is accepted and granted by the Parliament in the Proposition by us given in you may happily find not onely full and positive satisfaction to the most of what your Lordship asked but in some particulars also more ample offers made then was by your Lordship desired therein which then the world shall consider together with the grounds and principles held forth by your Lordship inviting the Dispatch of Supplies â—o this Place we are confident the Parliament will be abundantly justified therein yet over and above all this we continue to declare that in every particular we will go to the utmost limits of â—ur Instructions and where any thing seemes doubtfull to your Lordship or too short we shall if the Treatie succeed represent it to those that em ploy us in the best manner we can for your Lordships full satisfaction And this wee desire may be applyed to every Exception taken by your Lordship Except 2. That we have no power to secure any of his Majesties Romane Catholike Subjects in their persons and estates who have constantly adhered to the Government here since the 22. of October 1641. Of whom you conceive care ought to be had in the present Treaty Answ 1 Those that by Authority of Parliament gave power to us to treat did not for ought we can perceive take cognizance of any of the Romane Catholikes of Ireland that did adhere to the Government of this Kingdome against the Irish Rebels 2 If any such be it 's probable the number is not considerable and if they have done nothing against the Parliament they need not any speciall security but may expect as much as others that have in like manner demeaned themselves although they be of the Protestant Religion 3 Power is given as by an Instruction delivered in the 16. of Nov. is exprest to protect such as will come under Contribution and to give them safeguard by the countenance of the Forces serving under the Parliament According to which they are to be protected in their persons and estates aswell from the violence of the souldiers under the Parliament as of the Enemy And this to be extended unto all without distinction of Offence or Religion 4 If any thing more can be reasonably offered in the behalfe of such Papists as have adhered to the present Government and not beene in the Irish Rebellion it shall be also recommended back by us to those that imployed us in the best manner we can for your Lordships satisfaction Except 3. That no assurance is given that the Judges and Ministers of the Civill and Martiall List shall be continuod in their places and employments c. Answ 1. Nothing is given us in charge nor hath any thing been expressed by us concerning the removall of the Judges and Ministers of the Civill List nor any of them 2 In cases of like nature it hath not been known that persons so qualified have been continued and established by Treaty nor was it to â—ur knowledge ever heretofore insisted on by any whomsoever 3. If it must be presumed that they have offended the Parliament yet assurance is given and otherwise they can need none for security to their persones with injoyment of there goods and estates in the Kingdom of Ireland as if they had not offended and have liberty to compound for their Estates â—s any of them have in England and such Composition not to exceed two years value Concerning the Officers of the Martiall List We answer Answ 1. We have expressed That we will continue and imploy all such Officers whomsoever as shall be found fit for the Service And as we have not hitherro taken up a resolution if the Treaty shâ—oâ—ld succed to displace any so we doe declare that it must be an extraordinary cause that should induce us to it and we understand the words of our Instruction viz. You are to imploy such of the Officers c. doth so direct us and therefore connot give as your Lordship expresseth more occasion of feare unto the Officers of being displaced then hope of continuance in their respective imployments 2. As we beleeve no president can be show so it is obvious the inconvenience would be very great to article for and establish by Treaty any Officers of the Military List though our resolution be to continue the same 3. The same assurance and benefit as is declared in our third answer to your Lordships objections concerning the Civill List is also to be extended in like manner to the Officers of the Martiall List according to our Instructions In which also the Clergie of this Kingdome mentioned by your Lordship may respectively receive advantage concerning whom we are not instructed Yet We desice it may be rememcred that power is given us to agree for Pensions to such as we shhll thinke fit to the value of two â—â—oâ—stand pounds per annum which we are ready to assertain unto such of the Civill and Martiall List as also of the distressed Clergy as
instruction to his Majesties Protestant Subjects for their Estates Your fourth answer is If any thing can be reasonably offered in the behalfe of such Papists as have adhered to the present Government and not been in the Irish Rebellion it shall be also recommended back by you to those who imployed you in the best manner you can to out satisfaction The latter part of which answer being the best part thereof we desire may be pursued for the first part thereof doth inforce the Exception it being made a doubt whether any thing can be reasonably offered for such Papists as have adhered to the present Government and not been in the Irish Rebellion whereas nothing in reason can be offered against such but that they should be secured in their persons and estates Our third Exception is That no assurance is given that the Judges and Ministers of the Civill and Martiall List shall be continued in their places and imployments which is answered by you as followeth First nothing is given us in charge nor hath any thing been expressed by us concerning the removall of the Judges and Ministers of the Civill List nor of any of them which answer doth not satisfie us for we desire by our Proposition to have an assurance for the continuing them in their respective imployments which is not yet assented unto Your second answer is That in cases of like nature it hath not been known that persons so qualified have been continued and estiblished by Treaty nor was it to your knowledge ever heretofore insisted upon by any whomsoever which answer doth not satisfie us for though you might shew that the contrary hath been done in like cases as we beleeve you cannot yet even for that cause we have the more reason to insist upon it Your third answer is If it must be presumed that they have offended the Parliament yet assurance is given and otherwise they can need none for security to their persons with enjoyment of their goods and estates in the Kingdome of Ireland as if they had not offended and have liberty to compound for the estates any of them have in England and such Composition not to exceed two yeares value We are not satisfied with this your answer for there is nothing here to assure them the continuance in their imployments and our Proposition made in their behalfe for their continuance in their imployments cannot presume cannot presume a guilt and it is no reason to say that if they be not guilty they need desire this assurance for the Judges doe well understand that abundans cautela non nocet and if it must be presumed that they have offended the Parliament there is the more reason to insist on the Proposition for the continuing of them in their respective imployments they having been dispoyled of all their estates To your expression whereby you would satisfie us concerning the continuing in imployment the Officers now under our Command viz. That as you have not yet taken up a resolution if the Treaty should succeed to displace any so you declare it must be an extraordinary cause that must induce you to it wee easily beleeve that as it is too early for you to declare a resolution to turne them out of their imployments though such a resolution were taken up by you till you possest of the power to do it so you may judge such a declaration not to be the readiest way to attaine to that power by Treaty from us which We are confident is the only way whereby you will at this time attempt it but when by that meanes you should be invested in that Power the questiou is whether you would not then understand that the Concurrence of some of the MarriaÌ„ll List with us in the conclusion of the Cessations and peace here the actuall Service of some others in His Majesties Armies in England and the obedience given by all to some Commands that may have been displeasing to the two Houses of Parliament in England to be extraordinary and sufficient causes for their removeall wherein if you shall declare negatively wee shall rest satisfied as to that particular not could our Demand of having them secured in their respective imployments be understood to reach to a forgivenesse of such Crimes in future as may merit displacing for which we confesse we can no more alleadge a president then we beleeve you can that ever the sword was demanded to be delivered by the Chiefe Governour of this Kingdome to Commissioners of the Parliament of England without the Command of the King Exception 4. Our fourth exception being as followeth viz. That great inconvenience may happen to all the Protestants of Ireland who are to be included in this treaty if they should thereby conclude themselves to submit to all Ordinances of Parliawent is answered by you as followeth Answer 1. Your first Answer is we have declared that their submitting to all Ordinances of Parliament is to bee understood no otherwise then as all others doe who have alwayes adhered to and never offended the Parliament with which answer we are not satisfied it being no more then that we are to submit to all the Ordinances of Parliament to which those who are of the Parliament party submit as the Covenant the Directory the abolishing of the Booke of Common-prayer c. Aâ—swer 2. Your second answer is we know of no Ordinance of Parliament that requireth the Covenant to be taken in the Kingdome of Ireland with which answer wee are not satified for we know that it hath been prest in all parts of the Kingdome where the Parliament hath prevailed as in the Provinces of Munster Vlster and Connaught there being some Ministers not long since employed into Vlster who went from Town to Town and from City to City pressing the Covenant whereupon many Protestants did acquit their Commands and habitations in those parts rather then they would subiect themselves to it and if the same was done without an Ordinance of Parliament we have the more reason to insist that his Maiesties Subiects may be secured against so violent and unwaranted pressures upon their Consciences And if you know no Ordinances of Parliament which requireth the Covenant to be taken in the Kingdome of Ireland you may the better undertake that it shall not be pressed and if you bee not instructed to suppresse the Book of Common prayer or impose tho Directory you may the better condescend to what is desired concerning both so far as is expressed in our instructions Answer 4. Your fourth answer is It may also be considered that your Lordship made Overture of submitting to the Direction of both houses of Parliament and that exclusively to any other whatsoever as to to the ordering and disposing of the Army c. if they should accept of your Overture which could not be understood otherwise to be done but by Ordinances of Parl as to them from time to time should seeme meet VVe are not satisfied with this
conditions offered in our former papers and to give us a speedy resolution therein Rob. Meredith Tho. Wharton Rob. King Io Clotworthy Ri. Salwey Instructions for Sir Thomas Wharton Sir Robert King Sir John Clotworthy and Sir Rob. Meredith Knights and Richard Salwey Esquire imployed to the Lord of Ormond and others at Dublin You may receive any Protestant who hath not been in the Irish rebellion though he hath of late consented or submitted either to the cessation of A mes or the peace concluded with the Irish rebâ—ls so as they submit to the Paâ—liament within twenty dayes after your sending for them You or any three of you have power hereby to give protection to â—uch as will come under contribution and to give them the best safeguard you can by the countenanâ—e of the Forces serving under the Parliament You or any three of you may give to such Protestants not having been in the Irish â—ebellion as you condition withall assurance of security to their persons and to their estates and goods that they have in Ireland and that tâ—ey may live quietly and securely under the protection oâ— 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 offended the Parliament they submitting to all Ordinances of Parliament ann 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 Darby-house Octob. 17. 1646. Northumberland W. Pâ—erpoint W. Waller Manchester Denz Hollis P. Stapleton P. Lisle W. Lewis I. Temple P. Wharton W. Armine Ro. Wallop 17. November 1647. IN your third paper of the 16. of November are these words viz. That for the Officers of the Martiall List we have power by our Intructions and â—o intend accordingly to imploy such of them as shall be found fit for the service A Copy of which Instruction we desire that we may the better judge how farre the security and future subsistence of the said Officers is thereby provided for Ormond November 17. 1646. In answer to your Lordships first paper of the 17. of this Moneth wee herein deliver a Copy of the Instructions therein desired Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy R. Salwey YOu or any three of you are to imploy such of the Officers now under the Lord of Oâ—mond as you shall thinke fit and where you displace any you are to place other Officers if they be necessary or otherwise to see their Commands sufficiently discharged untill the Lord Lieutenant of Ireland take further order Signed as the rest of the Instruction Copia vera exam W. Rowe Secr. 17. Novemb. 1646. BY our second paper of the 16. of November wee desired you for the bringing of the present debates to a speedy dy conclusion to set down fully and clearly how farre the propositions positions which we sent to the Parliament by our Commissioners are assenced unto and we did by our said paper declare that upon view and consideration thereof we would speedily give our positive answer to which by our first paper of the 17. of November you say that you cannot answer our desire therein neither those propositions nor copies of them being delivered unto you We think fit to declare unto you that our Commissioners delivered our Propositions and Instructions to the Committee of both Houses and that they took Copies thereof and that our Commissioners doe by their letters of the 16. of October 1646 certifie us by the command of the said Committee that with the succours there would also arriue here certain Commissioners to bee sent from the Parliament to treat with us upon the particulars contained in the Propositions and Instructions sent to the Parliament from us Copies of which Propositions and Instructions we are ready to send unto you if that you shall desire the same And we again desire you to declare fully and clearly how far you have power and will assent to our said Propositions or whether we shall give our positive answer to the papers already delivered by you taking it for granted that you have no further or other Instructions then what you have delivered us Ormond 17. November 1646. TO your Lordships second paper of the 17. of November wherein you again desire us to declare fully and clearly how farre we have power and will assent to the Propositions sent to the Parliament by your Commissioners we can return no other answer then we have already done in our two first papers of the 16. and 17. of Novemb. in the later of which we declare we have not those propositions nor copies of them nor we think it expedient upon this occasion to receive the same from your Lordship yet we desire the want of those Propositions may not be conceived the only reason of our forbearance of giving further answer to your Lordships paper but hold it our duty to insist upon your Lordships positive answer to the papers already given in Rob Meredith Tho. Wharton Rob. King Jo. Clotworthy Ri. Salwey 17. November 1646. If you shall positively declate that you have no power or instructions to enlarge your selves beyond what is expressed in your former papers we will then give a positive answer to those papers Ormond 17 November 1646. We cannot more largely or positively expresse the power and extent of our instructions we have then already done but doe again in pursuance of our instructions desire your Lordshâ—pâ— answer to the papers given in Rob. Meredith Tho. Wharton Rob King Jo Clotworthy Ri. Salwey 17 November 1646. We did not by our third paper oâ— the 17. of November desire to know whether you could more largely or positively express thâ— power intent of your instructions then you had formerly done But we expressed that if you would positively declare you had no power or instructions to enlarge your selves beyond what is expressâ—d in your former papers wee would then give a positive answer to those papers which by your answer thereunto you have neither affirmed nor denied And therefore we forbear to give a positive answer to your said papers till we be satisfied in that particular Ormond 18. November 1646. Having taken into consideration your Lordships last paper of the 17. of Novemb. we return you this answer that wea hold not fit positively to declare whether wee have any power or instruction to enlarge our selves beyond what is expressed in our former paper nor doewe conceive it ought to be expected from us for that to omit other reasons wee have frequently declared that we are according to our instructions to receive your Lordships positive answer upon the papers already given in which we now again desire from your Lordship Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy
of Parl. By all Ordinances of Parl. we only intend such Ordinances whether already made or to be made as all others do submit unto who never offended the Parliament And whereas liberty is given to compound for such estates as any of them shall have in England they submitting to all Ordinances of Parl. By all Ordinances of Parl. wee intend only such as all persons now compounding in England do submit unto provided that all those that are thus admitted â—o their composition do effectually prosecute the same within 6 moneths after the publication of this Articles And whereas in the fourth Article of the first paper delivered in to your Lordship offer is made of 5000. l. in money and 2000. l. per annum to bee paid your Lordship in manner as is expressed in the said Article we now hold it fit to declare that if it shall be more to your Lordships satisfaction and content we have power given us and shall accordingly grant what you desired in the 6. Article of your Lordships additionall instructions sent to the Par. according as is in the paper herewith delivered in expressed And we lustly hold it fit to make known unto your Lordship that power is also given to us to agree for allowances to be paid to other persons by constam pension during the Warre of Ireland not exceeding the summe of 2000. l. per annum which pensions are to continue till they can receive the like benefit by their own estates We do now particularly declare to your Lordship and sooner according to our instructions we could not that wee have no power to enlage our elves beyond what we have expressed And do therefore now again intreat our Lordships positive answer upon the whole which we must the rather desire may be expedited for that we are according to our instructions to bring our debates to a conclusion within 4 dayes at the furthest after the beginning of the treaty which will end to morrow at 9 of the clock in the morning and we have no authority to prolong the same Rob. Meredith Tho. Wharton Rob. King Iohn Clotworthy Ric. Salwey A Copy of the Paper mentioned in the former Sixthly in regard that my whole fortune is now in the possession or within the power of the Rebels so as I can make no manner of use of iâ— As also for that I have not only at my own charge in some sort maintained the honour and dignity of my place since the 21. of Ian. 1643 which was the day whereon I was sworn his Maj. Lieutenant but likewise contributed in a considerable portion to the maintenance of the Army Garrisons now under my Command And lastly for that by meanes thereof I am utterly unable to discharge the debts I have contracted for my own support whilst I imployed my own to feed the Army or to pay the wages due to the Servant which I was necessitated to entertain in respect of the place I held For these reasons I desire it may be humbly offered to the noblenesse honour of the Parl. That to free me from the clamor of Creditors to pay my servants their wages and to transport and maintain my self and my family in some sort befitting the condition of a Gentleman The Parl. will be pleased to disburse the sum of 13000. l. 877. l. 14. s. 9. d. be paid to such as I shall appoint upon Bills of Exchange accepted by sufficient men in France or Holland to wit the one half upon sight and at 6 moneths the oeher halfe thereof which is lesse then the just sum I have disbursed for the maintenance of the Garrisons of Dublin Dundalke Newry Narrow-water Green-Castle and Carlingford not accompting my own expence nor the many other smaller disbursments spent meerly for the good of the said Garrisons And that I may be secured against any molestation by reason of the engagements I have at any time entred info for the publique service since the beginning of this Rebellion 19. Novemb. 1646. Vpon consideration had of your 3. paper of the 18. of Novem. as also of your former papers and the copies of such instructions as you delivered unto us we find no satisfaction given by you in these following particulars First we do not find that you have power to secure any of his Maj. Roman Catholike Subjects in their persons and estates who haue constantly adhered to the Government here since the 22. of October 1641 of whom wee conceive care out to be had in the present treaty Secondly you have declared unto us that you have no instruction concerning the continuation or displacing of the Judges and Ministers of the Civill List in their imployment and your instruction as unto the Martiall List whereof you gave us a Copy is as followeth viz. You or any three of you are to imploy such of the Officers now under the Lâ—of Ormond as you shall think fit and where you displace any you are to place other Officers if they be necessarie or otherwise to see their Commands sufficiently diâ—charged untill the Lord Lieutenant of Ireland taketh further order which may give more occasion of fear unto the Officers of being displaced then hope of continuance in their respective imployments and there is not as much as mention made of the poore distressed Clergie of the Kingdome in any the papers or instructions delivered to you by us Thirdly the Protestaâ—ts of the Kingdom who are to be included in the present treatie are as you declare in the last paper delivered by you to us to submit themselves to all Ordinances of Parl. whether already made or to be made Amongst which as we are intormed are some which require the Covenant to be generally taken and others which lay Muâ—cts upon those who shall use the Book of Common-prayer which forme of Service and no other is by a Law of force in this Kingdome commanded upon a penaltie to be used And in our instructions sent by our Commissioners we desire that neither the one nor the other might be pressed untill settlement by Parliament And for us to agree upon this treatie to all future ordinances which shal be made by the Parliament before it be known what those ordinances are we conceive may be of dangerous consequence to the whole Kingdom and not agreeable with the rules of prudence in us Fourthly whereas by a speciall instruction signed by us apart we did direct our said Commissioners as followeth viz. If you find the Parl. ready willing forthwith effectually to take into their care and protection his Maj. Protestant Subjects within the quarters under my command and those that have adhered to them from the 22. of October 1641. according to the purport of the instructions signed by me and the Councell and that my continuance in the Government shal be the only let thereunto you are then in such case to let them know that I will surrender my place of Lieutenant and deliver all the Holds in my power to
VVEâ— have considered the paper wherein you expressed the summe of what was delivered by you in the Conference with us to which we make return Our first exception was Not that none of the Propositions of the first way of Overture which were transmitted by us to the Parliament are assented unto as in that paper is expressed but that none of the Propositions which were transmited whether you look to the first way of Overture as you are pleased to tearm it or the second way of Overure are assented vnto And to the end that this may be the better understood we hold it necessary to declare that some of the Propositions which were transmitted by us from hence were signed by us a part wherein we did undertake the prosecution of the Warre as vigorously against the Rebels as wee should bee thereunto enabled by the Parliament which Propositions are expressed at large in our second paper of November 18. 1646. and these seem onely to have relation to Our selfe There were other Propositions signed by Us and the Councell wherein not onely Our selfe but all others of this Kingdome as well of the Souldiery as others of his Majesties Proteâ—â—â—â— subjects of this Kingdome and their adâ—eâ—ents are respeâ—â—â—â—â—â— concerned the said Propositions importing no â—eâ—â—e then the preservation of them in their persons estates and imployments And there were Instructions signed by us and delivered to our Commissioners authorizing them that if they did finde the Parl. willing and ready to take into their care and protection his Maj. subjects within the quarters now under our Command and those that have adhered to them since the 22 of October 1641. according to the purport of the Instructions signed by us and the Councel and that our continuance in the Government should be the only let thereunto that then our said Commissioners should let them know that we would surrender our place of Lieutenant and deliver up all the Holds in our power to such as the Parl. should appoint upon certain conditions whereof the first and principall is that they should procure his Maj. directions for our so doing which offer made by us is in the Ordinance of parl delivered by you to us and by you in your paper of the 19. of Novem. 1646. called our second way of Overture wherupon you say the parl did proceed which you say Sir Francis Willoughby upon his return from London might have informed us That sir F. Willoughby might have told us we know not wee are sure he did never tell us of the resolution said by you to bee taken by the Parl. for proceeding in that you call the second way of Overture nor did hee bring with him for ought known to vs any copy of the Order of the 15 of Obtob declaring that Resolution nor was it mentioned by our Commissioners in any of their Letters though we received severall as wel by the said Sir Fran. Willoughby as by others of dates subsequent to the said Order But on the contrary Sir Gerrard Lowther and Sir Paul Davies did by their Letter of the 6. of Novemb. after sir Fr. Willoughbies departure from London certifie us that Sir Robert King and the rest were sent hither to treat with us as they heard for surrendring Duhlin and other places under Comand to which they were not called but were altogether strangers to their transactions there concerning that Treaty and that they did not know any thing of their commission authority or instructions or how far they extended But though the Parl. did lay hold of this called our second way of Overture yet the propositions which were signed by us and the Councel wherein all his Mai. Protestant Subjects of this Kingdom as well of the Souldiery as others such as have adhered unto them were a like concerned with us were not to be passed over for whether we did continue in the Government according to the first way of Overture or part with it termed by you the second way of Overture it was our main care and desire that they should be secured in their persons estates and employments which is not yet done to our satisfaction And in that which concerneth our selfe the principal thing which in his Maj. direction and allowance for the rendring up of the Government which was to precede and warrant all that we did propound to be done by us herein is yet wanting which we desire you to represent to those who imployed you in the best manner you may Exception 2. Our second Exception is that you have no power to secure any of his Maj. Romane Catholique Subjects in their persons and estates who have constantly adhered to the Government here since the 22. of Octob. 1541. of whom wee conceive care ought to be had in this present Treaty To this you give these Answers First that those who by authority of Parl. gave power to you to treat did not take cognizance of any of the Romane Catholiques in Ireland that did adhere to the Government of this Kingdom against the Irish Rebels which answer doth not satisfie us but doth enforce the Exception for their not taking cognizance of them is the ground and cause of the Exception Your second answer is That if any such be it is probable the number is not considerable And if they have done nothing against the Pariâ—â— they need not any speciall security but may expect as much as others that have in like manner demeaned themselves although they be of the Protestant Religion which answer doth not satisfie but giveth us more cause to insist upon the exception because you say it is probable that the number of them is not considerable whereas we who have been upon the place know it to be otherwise both in number quality of persons And since his Maj. Protestant Subjects who have served against the Rebels here and done nothing against the Parl. are offered to be secured in their persons and estates they may by the same rule of Justice expect the like assurance the greater regard ought to be of them for that their Religion being made the pretence of the Rebellion they do notwithstanding adhere to his Maj. protestant Subiects against the Rebels who are of that Religion Your third answer viz. Power is given as by an instruction delivered in the 16 of Novemb. is exprest to protect such as will come under contribution to give them safeguard by the countenance of the Forces serving under the Parl. according to which they are to be protected in their persons and estates as well from the violence of the soldiers under the Parliament as of the Enemy and this to be extended unto all without distinction of Offence or Religion which Answer doth not satisfie us for the said instruction looketh rather to the Rebels who are to be brought under contribution then to those who have continued good Subiects and thereâ—n there is no assurance given unto them for their eÌ„state as is in the same