ARTICLES OF PEACE MADE AND CONCLUDED with the Irish Rebels and Papists by JAMES Earle of ORMOND For and in behalfe of the late King and by vertue of his Autoritie Also a Letter sent by Ormond to Col. JONES Governour of Dublin with his Answer thereunto AND A Representation of the Scotch Presbytery at Belfast in Ireland Upon all which are added Observations Publisht by Autority LONDON Printed by Matthew Simmons in Aldergate-streete 1649. BY The Lord Lieutenant Generall and Generall Governour of the Kingdome of IRELAND ORMOND WHereas Articles of Peace are made concluded accorded and agreed upon by and between Us JAMES Lord Marquesse of ORMOND Lord Lieut. Generall and Generall Governor of his Majesties Kingdome of Ireland by vertue of the Authority wherewith We are intrusted for and on the behalfe of His Most Excellent Majesty of the one part and the Generall Assembly of the Roman Catholickes of the said Kingdome for and on the behalfe of his Majesties Roman Catholick Subjects of the same on the other part A true Copy of which Articles of Peace is hereunto annexed We the Lord Lieut. do by this Proclamation in His Majesties name publish the same and do in his Majest. name strictly charge and command al His Majesties Subjects and all others inhabiting or residing within his Majesties said Kingdome of Ireland to take notice thereof and to render due obedience to the same in all the parts thereof And as his Majesty hath been induced to this peace out of a deep sence of the miseries and calamities brought upon this His Kingdome and People and out of a hope conceived by His Majesty that it may prevent the further effusion of His Subjects blood redeem them out of all the miseries and calamities under which they now suffer restore them to all quietnesse and happinesse under His Majesties most Gracious Government deliver the Kingdome in generall from those slaughters depredations rapines and spoyles which alwayes accompany a war encourage the Subjects and others with comfort to betake themselves to trade traffique comerce manufacture and all other things which un-interrupted may increase the wealth and strength of the Kingdome beget in all his Majesties Subjects of this Kingdome a perfect unity amongst themselves after the too long continued division amongst them So His Majesty assures himselfe that all his Subjects of this his Kingdom duely considering the great and inestimable benefits which they may find in this Peace will with all duty render due obedience thereunto And We in his Majesties name doe hereby declare that all persons so rendering due obedience to the said Peace shall be protected cherished countenanced and supported by his Majesty and his Royall Authority according to the true intent and meaning of the said Articles of Peace Given at our Castle of Kilkenny 17 January 1648. GOD SAVE THE KING Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquesse of Ormond Lord Lieutenant General and Generall of his Majesties Kingdome of Ireland for and on the behalfe of His most Excellent Majesty by vertue of the authority wherewith the said Lord Lieutenant is intrusted on the one part And the Generall Assembly of the Roman Catholickes of the said Kingdome for and on the behalfe of His Majesties Roman Catholicke Subjects of the same on the other part HIs Majesties Roman Catholique Subjects as thereunto bound by allegiance duty and nature doe most humbly and freely acknowledge and recognize their Soveraigne Lord King Charles to be lawfull and undoubted King of this Kingdom of Ireland and other his Highnesse Realms and Dominions And his Majesties said Roman Catholicke Subjects apprehending with a deep sence the sad condition whereunto His Majesty is reduced As a further testimony of their Loyalty Doe declare that they and their posterity for ever to the utmost of their power even to the expence of their blood and fortunes will maintaine and uphold His Majesty His Heires and lawfull Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience Of which faithfull and loyall recognition and declaration so seasonably made by the said Roman Catholickes His Majesty is graciously pleased to accept and accordingly to owne them His loyall and dutifull Subjects And is further graciously pleased to extend unto them the following graces and securities 1. IN primis It is concluded accorded and agreed upon by and between the said Lord Lieutenant for and on the behalfe of His most Excellent Majesty And the said General Assembly for and on the behalf of the said Roman Catholick Subjects and His Majestie is graciously pleased that it shall be enacted by act to be passed in the next Parliament to be held in this Kingdome that all and every the professors of the Roman Catholicke Religion within the said Kingdom shall be free and exempt from all mulctes penalties restraints and inhibitions that are or may be imposed upon them by any law statute useage or custome whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise enacted that the said Roman Catholicks or any of them shall not be questioned or molested in their persons goods or estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any power authority statute law or useage whatsoever And that it shall be further enacted that no Roman Catholique in this Kingdome shall be compelled to exercise any Religion forme of devotion or Divine service other then such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their persons goods or estates for not observing using or hearing the Booke of Common-Prayer or any other forme of devotion or divine service by vertue of any coulor or Statute made in the second yeare of Queen Elizabeth or by vertue or coullor of any other law declaration of law Statute Custome or usage whatsoever made or declared or to be made or declared And that it shall be further enacted that the Professors of the Roman Catholicke Religion or any of them be not bound or oblieged to take the Oath commonly called the Oath of Supremacy expressed in the Statute of 2 Elizabeth c. 1 or in any other Statute or Statutes And that the said Oath shall not be tendered unto them and that the refusall of the said oath shall not redound to the prejudice of them or any of them they taking the oath of Allegiance in haec verba viz. I A. B. Doe hereby acknowledge professe testifie and declare in my conscience before God and the world that our Soveraigne Lord King Charles is lawfull and rightfull King of this Realme and of other His Majesties Dominions and Countries and I will beare Faith and true Allegiance to His Majesty and His Heires 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 Crowne and Dignitie and do my best endeavour to disclose and make knowne to His Majesty His Heires and Successors or to the Lord Deputy or other His Majesties cheife Governour or Governors for the time being all Treason or Traiterous conspiracies which I shall know or heare to be entended against His Majesty or any of them And I doe make this Recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian so helpe me God c. Neverthelesse the said Lord Lieutenant doth not hereby intend that any thing in these concessions contained shall exten'd or be construed to extend to the granting of Churches Church-livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said Lord Lieutenant doth give unto the said Roman Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of the Churches and Church-livings or of the Exercise of their respective Jurisdictions as they now exercise the same untill such time as His Majesty upon a ful consideration of the desires of the said Roman Catholicks in a free Parliament to be held in this Kingdome shall declare his further pleasure 2 Item it is concluded accorded and agreed upon by and between the said parties and His Majestie is further graciously pleased that a free Parliament shall be held in this Kingdome within six months after the date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and untill the Articles of these presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein conteined as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two yeares next after the date of these Articles of peace Then His Majesties Lord Lieutenant or other His Majesties cheif Governour or Governours of this Kingdome for the time being will at the request of the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquires Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or the major part of them call a Generall Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties cheife Governour or Governours of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdome And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usuall forme to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no dis-junction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant party or their adherents or to his Majest. Roman Catholicke subjects or their adherents other then such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other then such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other then such things as shall be propounded to either or both houses by his Majesties Lord Lieut. of other cheif Goveror or Governors of this Kingdome for the time being during the said Parliament for the advancement of his Majesties service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of peace or any of them and that both houses of Parliament may consider what they shall thinke convenient touching the repeale or suspension of the Statute commonly called Poynings Act entitled an Act That no Parliament be holden in that land untill the Acts be certified into England 3 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that all Acts Ordinances and Orders made by both or either houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholicke Subjects of this Kingdome or any of them fithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made voide by Act to be past in the next Parliament to be held in this Kingdome and that in the meane time the said Acts or Ordinances or any of them shall bee no prejudice to the said Roman Catholickes or any of them 4 Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdome and all the processes and other proceedings thereupon and all Letters Pattents Grants Leases Customes Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries fithence the seventh day of August 1641. in prejudice of the said Catholickes their Heires Executors Administrators or Assignes or any of them or the widdowes of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholikes their heires executors administrators or assignes or any of them or the widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Vise Muskerry Francis Lord Baron of Athunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reilie and Gerrald Fennell Esquires or the major part of them shall desire the same so that by possibilitie it may be done and in the mean time that no such
inditements attainders outlaries processes or any other proceedings thereupon or any letters patents grants leases custodiums bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholikes or any of them but that they and every of them shall bee forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilfull wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholikes to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesse to sit or vote there shall be removed and that before the said Parliament 6. Item it is concluded accorded and agreed upon and his Majestie is further graciously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawrie fugacie or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawrie fugacie or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed estates of the Lords Knights gentlemen and freeholders or reputed freeholders as well of Connaght and county of Clare or country of Thomond as of the counties of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. Wee are graciously pleased that for the Inhabitants of Connaght and country of Thomond and county of Clare that their several estates shall be confirmed unto them and their heires against us and our heires and successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or our Heires and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all rents and services as are now due or which ought to be answered unto us out of the said lands and premises by any letters pattents past thereof since the first year of King Henry the eight or found by any office taken from the said first year of King Henry the eight untill the 21. of July 1645. whereby our late dear father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without licence be again reserved unto us our Heires and successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to our said late Fathers letters notwithstanding any tenures in capite found for Us by office since the 21. of July 1615. and not appearing in any such letters patents or offices within which rule his Majesty is likewise graciously pleased that the said lands in the Counties of Limerick and Tipperarie be included but to be held by such rents and tenures only as they were in the fourth year of his Majesties Reign Provided alwaies that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght county of Clare and Countrey of Thomond and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majestie for the Court of Wards tenures respits and issues of homage any clause in this Article to the contrary notwithstanding and as for the lands within the counties of Kilkennie and Wickloe unto which his Majestie was intituled by offices taken or found in the time of the Earl of Straffords government in this Kingdom His Majestie is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majestie will assent unto that which shall be just and honourable and that the like act of limitation of his Majesties Titles for the securitie of the estates of his Subjects of this Kingdome be passed in the said Parliament as was enacted in the 21. year of his late Majestie King James his Reign in England 8. Item it is further concluded accorded and agreed upon and His Majestie is further graciously pleased That all incapacities imposed upon the Natives of this Kingdome or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or neer the city of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily Gerrald Fennell Esquires or any seven or more of them shall thinke fit And that such students natives of this Kingdom as shall be therein may take and receive the usuall degrees accustomed in any Innes of court they taking the insuingoath viz. I A. B. Doe hereby acknowledge professe testifie and declare in my conscience before God and the world that our Soveraign Lord K. Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heires and Successors or to the Lord Deputy or other His Majesties cheife Governour or Governors for the time being all Treason or Traiterous conspiracies which I shall know or heare to be entended against His
Majesty or any of them And I doe make this Recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian so help me God c. And his Majestie is further graciously pleased that his Majesties Roman Catholike Subjects may erect and keep free schools for education of youths in this Kingdom any law or statute to the contrarie notwithstanding and that all the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament 9. Item It is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased That places of command honour 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 Catholike subjects of this Kingdom and that upon the distribution conferring and disposing of the places of command honour profit and trust in his Majesties Armies in this Kingdome for the future no difference shall be made between the said Roman Catholikes and other his Majesties Subjects But that such distribution shall be made with equall indifferency according to their respective merits and abilities and that all His Majesties Subjects of this Kingdom as well Roman Catholikes as others may for his Majesties service and their own security arme themselves the best they may wherein they shall have all fitting incouragement And it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased That places of command honour profit and trust in the civill government in this Kingdome 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 Catholike subjects of this Kingdome and that in the distribution conferring and disposall of the places of command honour profit and trust in the civill government for the future no difference shall be made between the said Roman Catholikes and other his Majesties Subjects but that such distribution shall bee made with equall indifferencie according to their respective merits and abilities and that in the distribution of ministeriall offices or places which now are or hereafter shall be void in this Kingdom equalitie shall be used to the Roman Catholike Natives of this Kingdom as to other his Maiesties Subiects and that the command of Forts Castles Garrison Towns and other places of importance in this Kingdom shall be conferred upon his Majesties Roman Catholike Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposall of the Forts Castles Garrison Towns and other places of importance in this Kingdome no difference shall be made between his Maiesties Roman Catholike Subiects of this Kingdom and other his Maiesties Subiects but that such distribution shall be made with equall indifferencie according to their respective merits and abilities and that untill full settlement in Parliament fifteen thousand foot and two thousand and five hundred Horse of the Roman Catholikes of this Kingdom shall be of the standing Armie of this Kingdome and that untill full settlement in Parliament as aforesaid the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Visc. Muskerry Francis Lord Baron of Athunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reilie and Gerrald Fennell Esquires or any seven or more of them the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires shall diminish or adde unto the said number as they shall see cause from time to time 10. Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majestie will accept of the yeerly rent or annuall sum of twelve thousand pounds sterling to be applotted with indifferencie and equalltie and consented to be paid to his Majestie his heires and successors in Parliament for and in lieu of the Court of Wards in this Kingdom tenures in Capite Common Knights-service and all other tenures within the cognizance of that Court and for and in lieu of all Wardships primer-seizins fines ousterlemains liveries intrusions alienations measne rates releases and all other profits within the cognizance of the said Court or incident to the said tenures or any of them or fines to accrew to his Majestie by reason of the said tenures or any of them and for and in lieu of respits and issues of homage and fines for the same And the said yearly rent being so applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yeerly Rent or annuall sum of twelve thousand pounds to be applotted as aforesaid and for the extinction and taking away of the said Court and other matters aforesaid in this Article contained And it is further agreed that reasonable compositions shall bee accepted for Wardships fallen since the 23. of October 1641. and already granted and that no wardships fallen and not granted or that shall fall shall be passed untill the successe of this Article shall appear and if his Majesty be secured as aforesaid then all Wardships fallen since the said 23. of Octob. are to be included in the agreement aforesaid upon composition to be made with such as have grantees as aforesaid which composition to be made with the grantees since the time aforesaid is to be left to indifferent persons and the umpirage to the said Lord Lieutenant 11. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies then two and that blanck Proxies shall be hereafter totally dis-allowed and that if such Noble Men or Peers of this Realm as have no Estates in this Kingdom do not within five yeares to begin from the conclusion of these Articles purchase in this Kingdom as followeth viz. A Lord Baron 200 l. per annum a Lord Viscount 400 li. per annum and an Earl 600 l. per annum a Marquesse 800 l. per annum a Duke 1000 l. per annum shall loose their votes in Parliament untill such time as they shall afterwards acquire such estates respectively and that none be admitted in the House of Commons but such as shall bee estated and resident
within this Kingdome 12 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that as for and concerning the independency of the Parliament of Ireland on the Parliament of England his Majesty will leave both houses of Parliament in this Kingdom to make such declaration therein as shall be agreeable to the Laws of the Kingdome of Ireland 13 Item It is further concluded and agreed upon by and between the said parties and his Majesty is further graciously pleased that the Councel-Table shall containe it selfe within its proper bounds in handling matters of State and weight fit for that place amongst which the Pattents of Plantation and the offices whereupon those Grants are founded to be handled as matters of State and to be heard and determined by his Majesties Lord Lieutenant or other chiefe Governour or Governours for the time being and the Councell publickly at the Councell-Board and not otherwise But titles between party and party grown after these patents granted are to be left to the ordinary course of Law and that the Councel-Table do not hereafter intermedle with common businesse that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders hearings or references concerning any such matter nor grant any injunction or order for stay of any suites in any civill cause And that parties grieved for or by reason of any proceedings formerly had there may commence their suites and prosecute the same in any of his Majesties Courts of Justice or Equity for remedy of their pretended rights without any restraint or interruption from his Majesty or otherwise by the cheife Governour or Governours and Councell of this Kingdome And that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructions and that they shall containe themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietnesse as they be not necessarily enforced to exceed the same 14 Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdome in the eleventh year of the Reigne of Queene Elizabeth intituled an Act for staying of Wooll Flockes Tallow and other necessaries within this Realme And another Statute made in the said Kingdome in the twelfth year of the Reign of the said Queen intituled an Act and one other Statute made in the said Kingdome in the 13 year of the Reign of the said late Queen intituled An Exemplanation of the Act made in a Session of this Parliament for the staying of Wooll Flocks Tallow and other wares and commodities mentioned in the said Act and certaine Articles added to the same Act all concerning staple or native commodities of this Kingdom shall be repealed if it shal be so thought fit in the Parliament excepting for Wooll and Woollfells and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquires Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdome as they shall think fit 15 Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdome pretending to have suffered by offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdome in or since the first year of King James his Reign or by attainders or forfeitures or by pretence and coulor thereof since the said first year of King James or by other Acts depending on the said offices attainders and forfeitures may petition his Majesty in Parliament for reliefe and redresse and if after examination it shal appeare to His Majesty the said persons or any of them have been injured then His Majesty will prescribe a course to repaire the person or persons so suffering according to Justice and honor 16 Item It is further concluded accorded and agreed upon by and between the said parties and His Majesty is graciously pleased that as to the particular cases of Maurice Lord Viscount de Rupe Fermoy Arthur Lord Viscount Iveagh Sir Edward Fitz Gerrald of Cloanglish Boronet Charles mac Carty Reag Roger Moore Anthony Mare William Fitz Gerrald Anthony Linch John Lacy Collo mac Brien mac Mahowne Daniel Castigni Edmond Fitz Gerrald of Ballimartir Lucas Keating Theobald Roch Fitz Miles Thomas Fitz Gerrald of the Vally John Bourke of Loghmaske Edmond Fitz Gerrald of Ballimalloe James Fitz William Gerrald of Glinane and Edward Sutton they may petition His Majesty in the next Parliament whereupon His Majesty will take such consideration of them as shall be just and fit 17 Item it is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Corke Townes of Youghall and Downegarven shall be forthwith upon perfection of these Articles restored to their respective possessions and Estates in the said City and Townes respectively where the same extends not to the endangering of the said Garrisons in the said City and Townes In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annuall rent for the same untill settlement in Parliament at which time they shall bee restored to those their possessions And it is further agreed and his Majesty is graciously pleased that the said Citizens Free-men Burgesses and Inhabitants of the said City of Corke and Townes of Youghall and Downegarven respectively shall be enabled in convenient time before the next Parliament to be held in this Kingdome to chuse and returne Burgesses into the same Parliament 18 Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their adherents of all Treasons and offences capitall criminall and personall and other offences of what nature kind or quality soever in such manner as if such Treasons or offences had never been committed perpetrated or don That the said Act do extend to
said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Tho. Lord Visc. Dillon of Costologh Lord Presid. of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them to call to an account and proceed against the Councell and Congregation and the respective Supream Councells Commissioners generall appointed hitherto from time to time by the Confederate Catholickes to manage their affaires or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholickes or to acquit orrelease any arrears of excises customes or publicke taxes to be accounted for since the 23 of Octo. 1641. and not disposed of hitherto to the publicke use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them the said Act or any thing therein contained to the contrary notwithstanding 19 Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased That an Act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exehequer Privie Councel or Judges of the foure courts be farmers of his Majesties customes within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majestie is graciously pleased that an Act of Parliament passe in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillan Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them to set down the rates for the custome and imposition to be laid on Aquavitae Wine Oile Yarne and Tobacco 21. Item it is concluded accorded and agreed and his Majestie is graciously pleased that such persons as shall be agreed on by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tirlagh O Neal Miles Reilie and Gerrald Fennell Esquires or any seven or more of them shall be as soon as may be authorized by Commission under the great Seal to regulate the Court of Castle-chamber and such causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon and his Majesty is graciously pleased that two acts lately passed in this Kingdom one prohibiting the plowing with Horses by the tail and the other prohibiting the burning of Oates in the straw bee repealed 23. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased for as much as upon application of Agents from this Kingdome unto his Majestie in the fourth yeer of his Reign and lately upon humble suit made unto his Majestie by a Committee of both houses of the Parliament of this Kingdom order was given by his Majestie for redresse of severall grievances and for so many of those as are not expressed in the Articles whereof both House in the next insuing Parliament shall defire the benefit of his Majesties said former directions for redresse therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties service that the warning mentioned in the 24. Article of the graces in the 4. yeer of his Majesties Reign be so understood that the warning being left at the persons dwelling houses be held sufficient warning and as to the 22 Article of the said graces the proces hitherto used in the Court of Wards doe still continue as hitherto it hath done in that and hath beene used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concernes warning and processe shall be omitted 24. Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdome without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there bee cause of an appeal the party grieved is to appeal to his Majestie in the Chancerie of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdome if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and untill the said Parliament the Admiraltie and Maritine causes shall be ordered and setled by the said Lord lieutenant or other chief Governor or Governors of this Kingdome for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them 25. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased that his Majesties Subjects of this Kingdom be cased or all rents and increase of rents lately raised on the commission or defective titles in the Earl of Straffords government this to be by Act of Parliament and that in the mean time the said rents or increase of rents shall not be written for by any processe or the payment thereof in any sort procured 26. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased that by Act to be
passed in the next Parliament all the arrears of interest mony which did accrue and grow due by way of debt mortgage or otherwise and yet not so satisfied since the 23. of October 1641. untili the perfection of these Articles shall be fully forgiven and be released and that for and during the space of three yeeres next ensuing no more shall be taken for use or interest of money then five pounds per centum And in cases of equitie arising through dis-abilitie occasioned by the distempers of the times the considerations of equitie to be like unto both parties but as for mortgages contracted between his Majesties Roman Catholike Subjects and others of that partie where entry hath been made by the mortgagers against Law and the condition of their mortgages and detained wrongfully by them without giving any satisfaction to the mortgages or where any such mortgagers have made profit of the lands morgaged above countrey charges yet answer no rent or other consideration to the mortgagees the parties grieved respectively to be left for releife to a course of equitie therein 27. Item it is further concluded accorded and agreed upon and His Majestie is further graciously pleased That immediatly upon perfection of these Articles the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily Gerrald Fennell Esquires shall be authorized by the said Lord licutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authoritie and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution untill Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disabilitie to serve by reason of sicknesse or otherwise of any the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tirlagh O Neal Miles Reily and Gerrald Fennell Esquires and his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead or shall miscarrie himselfe or be so disabled and that the same shall be such person as shall bee allowed of by the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerry Francis Lord Baron of Atbunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reilie and Gerrald Fennell Esquires or any seven or more of them then living And that the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Kt. Sir Richard Barnwal Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall have power to applot raise and leavie meanes with indifferencie and equalitie by way of Excise or otherwise upon all his Majesties Subjects within the said Kingdom their persons Estates and goods towards the maintenance of such Armie or Armies as shall be thought fit to continue and be in pay for his Majesties service the defence of the Kingdom and other the necessary publike charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either partie other then such of the said Forts Garrisons and Castles as from time to time untill there shall bee a settlement in Parliament shall be thought fit by his Majesties chief Governor or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwal Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennel Esquires or any seven or more of them not to be maintained at the charge of the publike provided that his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdome for the time being be first made acquainted with such taxes levies and excises as shall be made and the manner of leavying thereof and that he approve the same and to the end that such of the Protestant party as shall submit to the Peace may in the severall Counties where any of their estates lyeth have equallitie and indifferencie in the Assessements and levies that shall concern their estates in the said severall Counties It is concluded accorded and agreed upon and his Majestie is graciously pleased That in the directions which shall issue to any such County for the applotting subdeviding and levying of the said publike assessements some of the said Protestant party shall be joyned with others of the Roman Catholike party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neil Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall have power to leavie the arrears of all excises and other publike taxes imposed by the Confederate Roman Catholikes and yet unpaid and to call Receivers and other accomptants of all former taxes and all publike dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governor or Governors of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them for letting setting and improving the estates of all such person and persons as shall adhere to any partie opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be
converted by the said Lord lieutenant or other chief Governor or Governors of this Kingdom for the time being to the maintenance of the Kings Armie and other necessary charges untill settlement by Parliament and that the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwal Baronet Jefferie Brown Donnogh O Callaghan Tirlagh O Neal Miles Reily and Gerrald Fennel Esquires or any seven or more of them shall have power to applot raise and leavie meanes with indifferencie and equalitie for the buying of Armes and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jefferie Brown Donnogh O Callaghan Tirlagh O Neal Miles Reily and Gerrald Fennel Esquires or any seven or more of them the said Armes and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwal Baronet Iefferie Brown Donnogh O Callaghan Tirlagh O Neal Miles Reily and Gerrald Fennel Esquires or any seven or more of them and to be disposed of and the said Frigots to be imployed for his Majesties service and the publike use and benefit of this Kingdom of Ireland and that the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall have power to applot raise and levie meanes with indifferencie and equallitie by way of Excise or otherwise in the severall Cities corporate Towns Counties and part of Counties now within the Quarters and only upon the Estates of the said confederate Roman Catholikes all such sum and summes of money as shall appear to the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tirlagh O Neal Miles Reilie and Gerrald Fennell Esquires or any seven or more of them to be really due for and in the discharge of the publike ingagements of the said confederate Catholikes incurred or grown due before the conclusion of these Articles and that the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall bee assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the arrears of all former applotments taxes and other publike dues yet unpaid And that the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neil Miles Reily and Gerrald Fennell Esquires or any seven or more of them in case of refractories or delinquencie may distrain and imprison and cause such delinquents to be distrained and imprisoned And the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwal Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennel Esquires or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make severall and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the severall and respective collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Visc. Dillon of Costologh Lord President of Connaght Donnogh Lord Visc. Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnell Esq. Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily Gerrald Fennell Esquires or any seven or more of them be delivered unto his Majesties Lord lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tirlagh O Neal Miles Reily and Gerrald Fennell Esq. or any seven or more of them shall have power to call the Councell and Congregation and the respective supream Councells and Commissioners Generall appointed hitherto from time to time by the said Confederate Roman Catholickes to mannage their publick affaires and all other persons accountable to an account for all their receipts and disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28 Item it is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that for the preservation of the peace and tranquility of the Kingdome the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Barron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them shall for the present agree upon such persons who are to be authorized by commission under the great Seale to be Commissioners of
the Peace Oyer and Terminer Assises and Goale Delivery in and throughout the Kingdome to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goale delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be quallified with power to hear and determin al civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any shipping cattle or goods heretofore takēn by either party from the other or other injuries done contrary to the Articles of cessation concluded by and with the said Roman Catholicke party in or since May last but that the same shall bee determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Visc. Dillon of Costollogh Lord Presi of Connagh Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffry Browne Donnogh O Callaghan Tirlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall think fit to the end that speedy and equall justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall sweare that as Justice of the Peace Oyer and Terminer Assizes and Goale delivery in the Counties of A. B in all articles to the commission to you directed You shall do equall right to the poore and to the Rich after your cunning and wit and power and after the Lawes and Customes of the Realme and in pursuance of these Articles And you shall not be of councell of any quarrell hanging before you And the issues fines and amerciaments which shall happen to be made and all forfeitures which shall happen before you you shall cause to bee entred without any concealment or imbeazling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieut. or other cheif Governor orGovernors of this Kingdome shall appoint untill there may be accesse unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall doe your office of Justice of the Peace Oyer and Terminer Assises and Goale delivery in that behalfe and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goale 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 me God c. And that as well in the said Commission as in all other commissions and authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all officers civill and martiall shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorized as above said in the execution of their respective powers 29 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman Catholicke Subjects do 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 cheife upon occasion of necessity as to the Martiall and Military affairs by such as his Majesty or his cheife Governour or Governours of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them and His Majestyes cheife Governour or Governours is to issue Commissions accordingly to such persons as shall be so named and appointed as aforsaid for the executing of such comand rule or Government to continue untill all the particulars in these present Articles agreed on to passe in Paliament shall be accordingly passed only in case of death or misbehaviour such 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 dye or misbehave themselves as the cheife Governor or Governors for the time being by the advice and consent of the said Thomas Lord Visc. Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them shall thinke fit and to bee continued untill a settlement in Parliament as aforesaid 30 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all customes and tenths of prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdome shall be paid unto his Majesties receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdome and the defraying of other the necessary publicke charges thereof for the ease of the Subjects in other their levyes charges and applotments And that all and every person or persons who are at present intrusted and imployed by the said Roman Catholicks in the entries receipts collections or otherwise concerning the said customes and tenths of Prizes doe continue their respective imployments in the same untill full settlement in Parliament accountable to His Majesties receipts or untill recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other then to such and so many of them as to the cheife Governour or Governours for the time being by and with the advice and consent of the said Tho. Lord Visc. Dillon of Costologh Lord Pres. of Connaght Donnogh Lord Visc. Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas
to you or any of them or out of any dis-esteem I had to your power to advance or impede the same but out of my fear whiles those that have of late usurped power over the Subjects of England held forth the least colourable shadow of moderation in their intentions towards the settlement of Church or State and that in some tollerable way with relation to Religion the interest of the King and Crown the freedom of Parliament the Liberties of the subject any addresses from mee proposing the withdrawing of that party from those thus professing from whom they have received some and expected further support would have been but coldly received and any determination thereupon deferred in hope and expectation of the forementioned settlement or that you your selfe who certainly have not wanted aforesight of the sad confusion now covering the face of England would have declared with me the Lord Inchequeen and the Protestant Army in Munster in prevention thereof yet my fear was it would have been as difficult for you to have carried with you the main body of of the Armie under your command not so clear sighted as your self as it would have been dangerous to you and those with you well inclined to have attempted it without them but now that the mask of hypocrisie by which the Independent Armie hath ensnared and enslaved all estates and degrees of men is laid aside now that barefaced they evidently appear to bee the subverters of true religion and to be the protectors and inviters not only of all false ones but of irreligion and Atheisme now that they have barbarously and inhumanely laid violent sacrilegious hands upon and murthered Gods annointed and our King not as heretofore some Patricides have done to make room for some usurper but in a way plainly manifesting their intentions to change the Monarchy of England into Anarchy unlesse their aime bee first to constitute an elective Kingdome and Crumwell or some such Iohn of Leiden being elected then by the same force by which they have thus far compassed their ends to establish a perfect Turklsh tyranny now that of the three estates of King Lords Commons whereof in all ages Parliaments have consisted there remains only a small number and they the dregs and scum of the House of Commons pickt and awed by the Armie a wicked remnant left for no other end then yet further if it be possible to delude the people with the name of a Parliament The King being murthered the Lords and the rest of the Commons being by unheard of violence at severall times forced from the Houses and some imprisoned And now that there remaines no other libertie in the subject but to professe blasphemous opinions to revile and tread underfoot Magistracie to murther Magistrates and oppresse and undoe all that are not like minded with them Now I say that I cannot doubt but that you and all with you under your command will take this opportunitie to act and declare against so monstrous and unparaleld a rebellion and that you and they will cheerfully acknowledge and faithfully serve and obey our gracious King Charles the second undoubted heir of his Father Crown and Vertues under whose right and conduct we may by Gods assistance restore Protestant Religion to puritie and therein settle it Parliaments to their freedome good laws to their force and our fellow-subjects to their just liberties wherein how glorious and blessed a thing it will bee to be so considerablie instrumentall as you may now make your self I leave to you now to consider And though I conceive there are not any motives relating to some particular interest to be mentioned after these so weightie considerations which are such as the world hath not been at any time furnished with yet I hold it my part to assure you that as there is nothing you can reasonably propose for the safety satisfaction or advantage of your self or of any that shall adhear to you in what I desire that I shall not to the uttermost of my power provide for so there is nothing I would nor shall more industriously avoid then those necessities arising from my duty to God and man that may by your rejecting this offer force me to be a sad instrument of shedding English blood which in such case must on both sides happen If thir overture finde place with you as I earnestly wish it may let me know with what possible speed you can and if you please by the bearer in what way you desire it should bee drawne on to a conclusion For in that as well as in the substance you shall find all ready complyance from me that desire to bee Your affectionate friend to serve you ORMOND Carrick March 9. 1648. For Colonel Michael Jones Governour of Dublin My Lord YOur Lordships of the ninth I received the twelfth instant and therein have I your Lordships invitation to a conjunction with your self I suppose as Lord lieutenant of Ireland and with others now united with the Irish and with the Irish themselves also As I understand not how your Lordship should be invested with that power pretended so am I very well assured That it is not in the power of any without the Parliament of England to give and assure pardon to those bloodie Rebels as by the Act to that end passed may appear more fully I am also well assured that the Parliament of England would never assent to such a Peace such as is that your Lordships with the Rebels wherin is little or no provision made either for the Protestants or the Protestant Religion Nor can I understand how the Protestant Religion should bee setled and restored to its puritie by an Armie of Papists or the Protestant interests maintained by those very enemies by whom they have been spoiled and there slaughtered And very evident it is that both the Protestants and Protestant Religion are in that your Lordships Treaty left as in the power of the Rebels to be by them born down and rooted out at pleasure As for that consideration by your Lordship offered of the present and late proceedings in England I see not how it may be a sufficient motive to mee or any other in like trust for the Parliament of England in the service of this Kingdome to joyn with those Rebels upon any the pretences in that your Lordships letter mentioned for therein were there a manifest betraying that trust reposed in me in disserting the service and work committed to me in joyning with those I should oppose and in opposing whom I am obliged to serve Neither conceive I it any part of my work and care to take notice of any whatsoever proceedings of State forreign to my charge and trust here especially they being found hereunto apparently destructive Most certain it is and former ages have approved it that the intermedling of Governors and parties in this Kingdom with sidings and parties in England have been the very betraying of this kingdom to the
Articles of Peace we see as good as done by the late King not to friends but to mortall Enemies to the accomplishment of his own interests and ends wholly separate from the Peoples good may without aggravation be easily conceiv'd Nay by the Covenant it self since that so cavillously is urg'd against us wee are enjoyn'd in the fourth Article with all faithfulnesse to endeavour the bringing all such to public Triall and condigne Punishment as shall divide one Kingdome from another And what greater dividing then by a pernicious and hostile Peace to disalliege a whole Feudary Kingdome from the ancient Dominion of England Exception we finde there of no person whatsoever and if the King who hath actually done this or any for him claime a Priviledge above Justice it is againe demanded by what expresse Law either of God or man and why he whose office is to execute Law and Justice upon all others should sit himself like a demigod in lawlesse and unbunded anarchy refusing to be accountable for that autority over men naturally his equals which God himself without a reason givn is not wont to exercise over his creatures And if God the neerer to be acquainted with mankind and his frailties and to become our Priest made himself a man and subject to the Law we gladly would be instructed why any mortal man for the good and wellfare of his brethren beeing made a King should by a clean contrary motion make himself a God exalted above Law the readiest way to become utterly unsensible both of his human condition and his own duty And how securely how smoothly with how little touch or sense of any commiseration either Princely or so much as human he hath sold away that justice so oft demanded and so oft by himself acknowledg'd to be due for the bloud of more then 200000. of his Subjects that never hurt him never disobeyd him assassinated and cut in pieces by those Irish Barbarians to give the first promoting as is more then thought to his own tyrannicall designes in England will appeare by the 18th Article of his peace wherein without the least regard of Justice to avenge the dead while he thirsts to be aveng'd upon the living to all the Murders Massacres Treasons Pyracies from the very fatall day wherein that Rebellion first broke out he grants an act of Oblivion If this can be justified or not punisht in whomsoever while there is any faith any Religion any Justice upon Earth there can no reason be alleg'd why all things are not list to confusion And thus much be observd in brief concerning these Articles of peace made by the late King withhie Irish Rebells The Letter of Ormond sent to Col. Jones Governour of Dublin attempting his fidelity which the discretion and true worth of that Gentleman hath so well answerd and repulst had pass'd heer with out mention but that the other part of it not content to doe the errand of Treason roves into a long digression of evill and reproachfull language to the Parlament and Army of England Which though not worth their notice as from a Crew of Rebells whose inhumanities are long since become the hornour and execration of all that heare them yet in the pursuance of a good endeavour to give the world all due satisfaction of the present doings no fit opportunity shall be omitted He accuses first that we are the Subveters of true Religion the protectors inviters not only of all false ones but of irreligion atheism An accusation that no man living could more unjustly use then our accuser himself which without a strange besottednesse he could not expect but to be retorted upon his own head All men who are true Protestants of which number he gives out to be one know not a more immediate and killing Subverter of all true Religion then Antichrist whom they generally believe to be the Pope and Church of Rome he therefore who makes peace with this grand Enemy and perscutor of the true Church he who joynes with him strengthens him gives him root to grow up and spread his poyson removing all opposition against him granting him Schools Abbeyes and Revenues Garrisons Fortresses Townes as in so many of those Articles may be seen he of all Protestants may be calld most justly the Subverter of true Religion the Protector and inviter of irreligion and atheism whether it be Ormond or his Maister And if it can be no way prov'd that the Parlament hath countenac'd Popery or Papists but have every where brok'n their Temporall power thrown down their public Superstitions and confin'd them to the bare enjoyment of that which is not in our reach their Consciences if they have encouragd all true Ministers of the Gospel that is to say afforded them favour and protection in all places where they preacht and although they think not money or Stipend to be the best encouragement of a true Pastor yet therein also have not been wanting nor intend to be they doubt not then to affirm themselves not the Subverters but the maintainers and defenders of true Religion which of it self and by Consequence is the surest and the strongest Subversion not onely of all false ones but of irreligion and atheism For the Weapons of that Warfare as the Apostle testifies who best knew are not carnall but mighty through God to the pulling down of Strong Holds and all reasonings and every high thing exalted against the knowledge of God surprising every thought unto the obedience of Christ and easily revenging all disobedience 2 Cor. 10. What Minister or Clergy-man that either understood his high calling or sought not to erect a secular and carnall Tyranny over spirituall things would neglect this ample and sublime power conferrd upon him and come a begging to the weak hand of Magistracy for that kind of ayd which both the Magistrate hath no Commission to afford him and in the way he seeks it hath been alwayes found helplesse and unprofitable Neither is it unknown or by wisest men unobserv'd that the Church began then most apparently to degenerate and goe to ruine when shee borrow'd of the Civill power more then fair encouragement and protection more then which Christ himself and his Apostles never requir'd To say therefore that We protect and invite all false Religions with irreligion also and atheism because wee lend not or rather missapply not the temporall power to help out though in vaine the sloth the spleen the insufficiency of Church-men in the execution of spirituall discipline over those within their Charge or those without is an imputation that may be layd as well upon the best regulated States and Governments through the World Who have been so prudent as never to imploy the Civill sword further then the edge of it could reach that is to Civill offences onely proving alwayes against objects that were spirituall a ridiculous weapon Our protection therefore to men in Civill matters unoffensive we cannot deny their Consciences we
downe in the very Act that they are Authors of no such matter But let the sequell both of their paper and the obedience of the place wherein they are determine Nay while we are yet writing these things and foretelling all men the rebellion which was eevn then design'd in the close purpose of these unhallow'd Priestlings at the very time when with thir lips they disclaim'd all sowing of sedition newes is brought and too true that the Scottish Inhabitants of that Province are actually revolted and have not only besieg'd in London-Derry those Forces which were to have fought against Ormond and the Irish Rebels but have in a manner declar'd with them and begun op'n war against the Parlament and all this by the incitement and illusions of that unchristian Synagogue at Belfast who yet dare charge the Parlament that notwithstanding specious pretences yet thir actings doe evidence that they love a rough garment to deceive The Deceit we own not but the Comparison by what at first sight may seem alluded we accept For that hairy roughnesse assum'd won Jacob the Birthright both Temporall and Eternall and God wee trust hath so dispos'd the mouth of these Balaams that comming to Curse they have stumbled into a kind of Blessing and compar'd our actings to the faithfull Act of that Patriarch But if they mean as more probably thir meaning was that rough garment spok'n of Zach. 13. 4. We may then behold the pittiful store of learning and theology which these deceivers have thought sufficient to uphold their credit with the people who though the rancour that levens them have somewhat quickn'd the common drawling of thir Pulpit elocution yet for want of stock anough in Scripture-phrase to serve the necessary uses of thir malice they are become so liberall as to part freely with their own budge gownes from off their backs and bestow them on the Magistrate as a rough garment to deceive rather then not be furnish'd with a reproach though never so improper never so obvious to be turn'd upon themselves For but with half an eye cast upon that text any man will soon discern that rough garment to be thir own coate thir own livery the very badge and cognisance of such false prophets as themselves Who when they understand or ever seriously mind the beginning of that 4th verse may be asham'd every one of his lying vision and may justly fear that foregoing denouncement to such as speak lies in the name of the Lord vers. 3. lurking under the rough garment of outward rigor and formality whereby they cheat the simple So that this rough garment to deceiv we bring ye once again Grave Sirs into your own Vestry or with Zachary shall not think much to fit it to your own shoulders To bestow ought in good earnest on the Magistrate we know your classic Priestship is too gripple for yee are alwayes begging and for this rough gown to deceav we are confident yee cannot spare it it is your Sundays gown your every day gown your only gown the gown of your faculty your divining gowne to take it from ye were sacrilege Weare it therfore possesse it your selvs most grave and reverend Carmelites that all men both young and old as we hope they will shortly may yet better know ye and distinguish ye by it and give to your rough gown where ever they meete it whether in Pulpit Classis or Provincial Synod the precedency and the pre-eminence of deceaving They charge us next that we have brokn the Cov'nant load'n it with slighting Reproaches For the reproaching let them answer that are guilty wherof the State we are sure cannot be accus'd For the breaking let us hear wherin In labouring say they to establish by Law a universall tolleration of all Religions This touches not the State for certainly were they so minded they need not labour it but do it having power in thir hands and we know of no act as yet past to that purpose But suppose it done wherin is the Covnant broken The Covnant enjoyns us to endeavor the extirpation first of Popery and Prelacy then of Heresy Schism and prophaness and whatsoever shall be found contrary to sound Doctrin and the power of godliness And this we ceas not to do by all effectuall and proper means But these Divines might know that to extirpat all these things can be no work of the Civil sword but of the spirituall which is the Word of God No man well in his wits endeavoring to root up weeds out of his ground instead of using the spade will take a Mallet or a Beetle Nor doth the Covnant any way engage us to extirpate or to prosecute the men but the heresies and errors in them which we tell these Divines and the rest that understand not belongs chiefly to their own Function in the diligent preaching and insisting upon sound Doctrin in the confuting not the railing down errors encountring both in public and private Conference and by the power of truth not of persecution subduing those authors of hereticall opinions lastly in the spirituall execution of Church discipline within thir own congregations In all these ways wee shall assist them favour them and as far as appertains to us joyn with them and moreover not tolerate the free exercise of any Religion which shall be found absolutely contrary to sound Doctrin or the power of godliness for the conscience we must have patience till it be within our verge And thus doing we shall believ to have kept exactly all that is requird from us by the Covnant Whilst they by thir seditious practises against us then which nothing for the present can adde more assistance or advantage to those bloudy Rebels and Papists in the South will be found most pernicious Covnant breakers themselves and as deep in that guilt as those of thir own Nation the last year the warning of whose ill successe like men hardn'd for the same judgment they miserably pervert to an incouragement in the same offence if not a fat worse For now they have joyn'd interest with the Irish Rebels who have ever fought against the Covnant wheras thir Country-men the year before made the Covnant thir plea But as it is a peculiar mercy of God to his people while they remain his to preserve them from wicked confederations so it is a mark and punishment of hypocrites to be drivn at length to mix thir cause and the interest of thir Covnant with Gods enemies And wheras they affirm that the tolerating of all Religions in the manner that we tolerat them is an innovation we must acquaint them that we are able to make it good if need be both by Scripture and the Primitive Fathers and the frequent assertion of whole Churches and Protestant States in thir Remonstrances and expostulations against the Popish tyranny over souls And what force of argument do these Doctors bring to the contrary But we have long observ'd to what passe