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A56065 The propositions of the Roman Catholicks of Ireland as also the answer of the agents for the Protestants of Ireland made to the said propositions, and their petitions and propositions to His Majesty, and His Majesties answer to the propositions of the said Roman Catholicks, and the answer of James, Marquesse of Ormond, His Majesties Commissioner for the treatie and concluding of a peace in the kingdome of Ireland, to the said propositions. Confederate Catholics.; Ormonde, James Butler, Duke of, 1610-1688. 1644 (1644) Wing P3800; ESTC R36692 41,588 78

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the Masse or Sermon of any deriving power from thence and keep him in his house he is punishable as an ayder and abbettor within the words of the statute he knowing that whereof he cannot be ignorant by the rules of his profession As for the second branch of the said proposition let any man iudge whether it be reason sufficient of it selfe that the professors of the Roman Catholicke Religion both spirituall and temporall being to a few the Natives and residents of this kingdome should desire a freedome of their Religion and to be freed and exempted from the penalties and pressures aforesaid whereby his Maiesty never received any advantage and have beene the occasion of many inconveniences in the kingdome And it is evident that by this freedome all his Maiesties good subiects aswell Protestants as Catholickes will bee united more then ever before when their condition is equall and neyther partie have occasion to envy or oppresse the other It will not be unworthy of consideration that in reason of state the constitution of his Maiesties three kingdomes as now they stand being duely weighed that this freedome and exemption is most necessarie for his Maiesties service and safetie 2. It is of the essence of Parliaments to be free the contrary was practised here The composition of this Parliament is desired to be of men estated and interested in the kingdome of genuyne and right members and to bee returned from proper places and by right ministers The suspension of the act for this free Parliament cannot preiudice his Maiesty for that nothing is to passe as an act before transmission other then what shall bee agreed upon and expresly mentioned in the Articles of peace 3. It is conceived this pretended Parliament was determined by the death of the Lord Deputy VVandesford most of the estated and right members thereof did not appeare in it since the 7. of August 1641. those who now appeare as members thereof viz. of the Commons-house are for a great part not much interessed and other wholy uninteressed therein and one order therein made to exclude the said Catholicks from the house other orders to their disadvantage were and or might have beene made in the said Commons-house Therefore it is desired that all the proceedings of the said pretended Parliament may be declared voyde and taken of the file 4. When those indictments were found outlawries promulged the said Catholickes are informed and hope to iustifie that those who governed in this kingdome or some of them did plot and practise the totall extirpation of the said Catholicks asmuch as in them lay did encrease the troubles to that end and shute up the gates of his Maiesties mercie against the said catholickes even against those who were undeniably innocent as may appeare by many instances the manner of appointing of Sheriffes who returned the Iurors the persons appointed the Iurors condition affection the infinite numbers of the persons indicted outlawed being never called to answer other circumstances touching or depending of the said Records being so generally destructive to the said Catholicks they cannot otherwise choose then to insist on the taking them of from the file that no such markes of infamy may remayne of Record against them whose ancestors for the space of foure hundred yeares and upwards faithfully served the Crowne 5. This proposition is so just and equall in it selfe that there needeth not any reason or proofe to be urged for it 6. This proposition being yeelded into by the answer except the late Plantations in the County of VVicklow and Iduogh in the county of Kilkenny and excepting the encrease of Rents is referred to what shall bee urged upon the fixt answer 7. In all or most Letters-patents granted of Plantation Lands and some other lands in this kingdome since the making of the said statutes certaine clauses and conditions were inserted in them that no land should be sold or past to any of the meere Irish or of the Irish Nation as the cōdition is in some Patents these clauses doe did nourish division and distinction between his Maiesties subiects the like was never used in England nor in any other kingdome They extend not only to the old Irish but likewise by construction to the old English for he that is borne in Ireland though his parents and all his ancestors were Aliens nay if his parents were Indians or Turks if converted to Christianitie is an Irish-man as fully as if his ancestors were here borne for thousands of yeares and by the Lawes of England as capable of the liberties of a subiect Such markes of distinction being the insteps to trouble and warre are incompatible with peace and quiet 8. The said Roman Catholickes being rendred incapable of any command or trust by the statutes aforesaid may be relieved herein upon removall of the impediments mentioned in the reasons for the first proposition and particular instances shewed for the present yet such were the Character layed upon them here and the representations made of them from hence heretofore into England that they apprehend they suffer thereby in his Majesties opinion of them which they conceive an impediment and stop to many graces and favours they expect and hope to merite from his Majestie In all ages past before the said statutes their ancestors were preferred to places of eminence and trust within their Native countries and since very seldome three presidents since can hardly be instanced The condition of Roman Catholickes in Ireland where there are an hundred Catholickes to one of any other Religion differs much from that of England or Scotland where there is scarce one Catholicke to a thousand of the protestant religion In all the Nations of Christendome the Natives of the place are advanced before others 9. The Court of Wards was begun here a bout the foureteenth yeare of King Iames and never before It hath not the warrant of any Law or statute In England it was erected by act of Parliament The subject is extreamely oppressed thereby by the multitude of informations against all freeholders from the highest to the lowest without any limitation of time the frequent Courts of Escheaters Feodaries the destruction of the Tenures of mesnes Lords by making many Tenures to be In Capite against Law by the sale of the wards from hand to hand as of Horses in a Market by the want of Provision for portions of younger children whereby they perish or take ill courses debts remaine unsatisfied and though by the statute of Merton cap. 5. Vsurie doth not runne upon Infants yet the Collaterall security eyther of men or Land mortgaged are not relieved by that statute The King never received one shilling advantage by this Court ultra reprisas for twenty shillings damage done thereby to his people the vast fortunes of the officers and ministers of the said Court how suddainely raysed on the ruynes of many others his Majesties subjects And let all the wards since the
THE PROPOSITIONS OF THE ROMAN CATHOLICKS OF IRELAND Presented by their Commissioners to His Sacred Majestie in April M. DC XLIV As also the Answer of the Agents for the Protestants of Ireland made to the said Propositions and their Petition and Propositions to His Majesty with His Majesties answer to the Propositions of the said Roman Catholicks And the answe● of IAMES Marquesse of Ormond His Majesties Commissioner for the treatie and concluding of a Peace in the Kingdome of Ireland to the said Propositions 〈…〉 Waterford by Thomas Bourke Printer to the Confederate 〈…〉 Catholicks of Ireland M. DC XLIV TO THE READER WHereas the Supreme Councell of the Confederate Catholicks of Ireland imployed severall persons of qualitie into England authorized by Commission to supplicate his Majestie for redresse of the grievances of the said Catholicks and to settle a firme peace in Church and Commonwealth who having then for some time attended His Majestie to that purpose His Majesties good intentions to the peace of this Kingdome was for that present diverted by the false Informations of persons ill affected to this Nation whose suggestions happened to be then listned unto and answers accordingly given So as the said Commissioners returned into this Kingdome with hopes onely that His Majestie might in time bee better possessed of the power and affections of His Catholicke subjects here and of the use to be made thereof His Majestie being pleased notwithstanding the said informations to give Commission to the Lord Marques of Ormond Lieutenant Generall of Ireland for the continuance and concluding of the treatre begun before His Majestie In pursuance of which Commission the said Catholicks presented their propositions the same in substance they first presented to His Majestie in Oxford unto which some answers were made which being no way satisfactorie were replied unto and so the matter proceeded to a long dispute debate wherein many difficulties occurring the treatie was adjourned and so continues till the tenth of Ianuary next by which time His Majesties resolution upon the whole matter represented unto him is expressed a firme lasting peace hoped for This being the state the treatie is in at this time it may be conceived improper to give an account of the particular passages which are but overtures and alterable as it is well hoped and little to bee doubted but that in this they will bee yet some to breed distraction and mistrusts among the said Confederates or blinded with private and ambitious ends and impatient of any delay have been so malicious or mistaken as to traduce the said Confederate Catholicks and their Commissioners affirming they might have obtained Conditions satisfactorie to any reasonable people but that they rejected the same To satisfie therefore all indifferent Iudgements that may enter into the consideration of the said proceedings and to make it manifest that the whole scope of the said Catholicks was and is for the freedome of the Nation in their Religion Estates and Liberties with out trenching upon His Majesties rights or other end and that it may appeare how farre the proceedings hitherto come short of that It was thought necessary to expose those proceedings to publicke view by putting them to the presse so to cast off those aspersions that ignorant or malicious persons endeavour to cast upon them having yet neverthelesse assured hopes that His Majesty will in time afford remedies to these Complaints and with a gracious eye looke upon the sufferings of this afflicted nation The propositions of the Roman Catholicks of Ireland humbly presented unto His Sacred Majestie in pursueance of their Remonstrance of grievances and to bee annexed to the said Remonstrance 1. THat all Acts made against the professors of the Roman Catholicke Faith whereby any restrainte penaltie mulct or incapacitie may bee layed upon any Roman Catholicke within the Kingdome of Ireland may bee repealed and the said Catholicks to be allowed the freedome of the Roman Catholicke Religion 2. That your Majestie will bee pleased to call a free Parliament in the said Kingdome to bee held and continued as in the said Remonstrance is expressed and the statute of the tenth yeare of King Henry the seventh called Poynings act and all acts explayning or enlarging the same be suspended during that parliament for the speedy settlement of the present affaires and the repeale thereof to bee there further considered of 3. That all acts and ordinances made and passed in the now pretended parliament in that Kingdome since the seventh day of August 1641. be cleerely annulled and declared voyd and taken of the file 4. That all Indictments Attainders Outlawries in the Kings Bench or elsewhere since the said seventh day of August 1641. And all letters pattents grants leases custodiums bonds recognizances and all other records act or acts depending thereupon or in prejudice of the said Catholicks or any of them bee taken off the files annulled and declared void first by your Majesties publicke Proclamation and after by act to be passed in the said free Parliament 5. That inasmuch as under collour of such outlawries and attainders debts due unto the said Catholickes have been granted levyed or disposed of and of the other side that debts due upon the said Catholicks to those of the adverse partie have been levied and disposed to publicke use that therefore all debts be by act of Parliament mutually released or all to stand in statu Quo. notwithstanding any grant or disposition 6. That the late offices taken or found upon fayned or old titles since the yeare 1634. to intitle Your Majestie to severall Countreyes in Connaght Thomond and in the Counties of Tipperarie Lymmericke Kilkenny and VVickloe be vacated taken off the file the possessors setled secured in their ancient estates by act of Parliament And that the like act of limittation of your Majesties titles for the securitie of the estates of your subjects of that Kingdome be passed in the said parliament as was enacted in the one and twenty yeare of his late Majesties raigne in this Kingdome 7. That all Marckes of incapacitie imposed upon the natives of that Kingdome to purchase or acquire lands leases offices or hereditaments be taken away by act of parliament and the same to extend to the securing of purchases leases or grants already made And that for the education of youth an act be passed in the next parliament for the erecting of one or more Inns of Court Vniversities free and common schooles 8. That the offices and places of command honour profit and trust within that Kingdome be conferred upon Roman Catholicks natives in equalitie and indifferencie with your Majesties other subjects 9. That the insupportable oppression of your subjects by reason of the Court of Wards and respit of homage be taken away and a certaine revenue in lieu thereof setled upon your Majestie without diminution of your Majesties profit 10. That no Lord not estated in that Kingdome or estated and not resident shall have
vote in the said parliament by proxie or otherwise and none admitted to the house of Commons but such as shall be estated and resident within the Kingdome 11. That an act be passed in the next parliament declaratorie that the parliament of Ireland is a free parliament of it selfe independant of and not subordinate to the parliament of England And that the subjects of Ireland are immediatly subject to your Majestie as in right of your Crowne and that the members of the said parliament of Ireland and all other the subjects of Ireland are independant and no way to bee ordered or concluded by the parliament of England and are onely to bee ordered and governed within that Kingdome by your Majestie and such Governors as are or shall be there appointed and by the parliament of that Kingdome according to the lawes of the land 12. That the assumed power or Iurisdiction in the Councell-boord of determining all manner of causes bee limitted to matters of state and all pattents estates and grants illegally and extrajudicially avoyded there or elsewhere be left in state as before and the parties grieved their heires or assignes till legall eviction 13. That the statutes of the eleventh twelfth and thirteenth yeare of Queene Elizabeth concerning stapple-commodities be repealed reserving unto your Majestie lawfull and just pondage and a booke of rates to bee setled by an indifferent Committee of both houses for all commodities 14. That in as much as the long continuance of the chiefe governor or governors of that Kingdome in that place of so great eminencie and power hath beene a principall occasion that much tyrannie and oppression hath beene exercised upon the subjects of that Kingdome That your Majestie will bee pleased to continue such governors hereafter but for three yeares And that none once imployed therein bee appointed for the same againe untill the expiration of six yeares next after the end of the said three yeares And that an act passe to disinable such governor or governors during their government directly or indirectly in use trust or otherwise to make any manner of purchase or acquisition of any mannors lands tenements or hereditaments within that Kingdome other then from your Majestie your heires or successors 15. That an act may be passed in the next parliament for the raising setling of trained bands within the seuerall Counties of that Kingdome as well to prevent forraigne invasions as to render them the more serviceable and ready for your Majesties occasions as cause shall require 16. That an act of oblivion be passed in the next free parliament to extend to all your Majesties said Catholicke subjects and their adherents for all manner of offences capitall criminall and personall And the said act to extend to all goods and chattells customes maine-profits prizes arreares of rents taken received or incurred since these troubles 17. For as much as your Majesties said Catholicke subjects have been taxed with many inhuman cruelties which they never committed your Majesties said suppliants therefore for their vindication and to manifest to all the world their desire to have such heynous offences punished and the offendors brought to Iustice doe desire that in the next Parliament all notorious murders breaches of quarter and inhuman cruelties committed of either side may bee questioned in the said Parliament if your Majestie so thinke fit and such as shall appeare to be guiltie to be excepted out of the said act of oblivion and punished according their deserts For as much DREAD SOVERAIGNE as the wayes of our addresses unto your Majestie for apt remedies unto our grievances were hitherto debarred us but now at length through your benigne grace and favour layd open Wee doe humbly present these in pursuance of the said Remonstrance which granted your said subjects are ready to contribute the ten thousand men as in their remonstrance is specified towards the suppressing of the unnaturall rebellion now in this Kingdome And will further expose their lives and fortunes to serve your Majestie as occasions shall require The Answers of the Agents for the Protestants of Ireland to the Propositions of the Roman Catholicks of Ireland made in pursuance of his Sacred Majesties directions of the ninth of May 1644. requiring the same 1 TO the first wee say that this hath beene the pretence of almost all those who have entred into Rebellion in the Kingdome of Ireland at any time since the Reformation of Religion there which was setled by act of Parliament above eighty yeares since and hath wrought good effect ever since for the peace and welfare both of the Church and Kingdome there and of the Church and Kingdome of England and Protestant partie throughout all Christendome and so hath beene found wholesome and necessarie by long experience and the repealing of those Lawes will set Popery againe both in jurisdiction profession and practice as it was before the said Reformation and introduce amongst other inconveniences the Supremacie of Rome and take away or much endanger your Majesties Supreme and just authoritie in causes Ecclesiasticall a diminution of honour and power not to be endured The said acts extending aswell to seditious sectaries as to popish Recusants So as by the repeale thereof every man may seeme to be left to choose his owne Religion in that Kingdome which must needs beget great confusion and the abounding of the Roman Clergy there hath beene one of the greatest occasions of this late Rebellion Besides it is humbly desired that your Maiestie will be pleased to take into your gracious Consideration a clause in the act of Parliament past by your Majesties Royall assent in England in the seventeenth yeare of your raigne touching punishment to be inflicted upon those that shall introduce the authoritie of the See of Rome in any case whatsoever 2. Whereas they desire to have a free Parliament called reflecteth by secret and cunning implication upon your Majesties present Parliament in Ireland as if it were not a free Parliament Wee humbly beseech your Majestie to resent how dangerous it is to make such insinuation or intimation to your people of that kingdome touching that Parliament wherein severall acts of Parliament have already passed the validitie where of may be endangered if the Parliament should not be approved as a free Parliament and it is a point of so high nature as we humbly conceive is not properly to be discussed but in Parliament And your Majesties said Parliament now sitting is a free Parliament in Law holden before a person of honour and fortune in that Kingdome composed of good loyall and well affected subjects to your Majestie who doubtlesse will be ready to comply in all things that shall appeare to be pious and just for the good of the true Protestant Religion and for your Majesties service and the good of the Church and State That if this present Parliament should be dissolved it would be a great terrour and discontent to all your Majesties protestant subjects of that
of this Proposition which concerneth the fundamentall rights of both kingdomes fit to bee referred to the free debate and expostulation of the two Parliaments when it shall please God that they may freely and safely sit his Majesty being so equally concerned in the priviledges of eyther that he will take care to the uttermost of his power that they shall both contayne themselves within their proper limits his Majestie being the head and equally concerned in the rights of both 12. To the twelfth his Majestie hath sufficiently provided for this in his answer to the tenth grievanee which his Majestie is content shall passe by act of parliament 13. To the thirteenth proposition his Majesty hath beene pleased by his late Graces that those statutes should be repealed save onely for Wools and wool-fels And is well pleased that the same be done by act of parliament and that a Booke of Rates be setled by indifferent Commissioners 14. To the foureteenth proposition his Majestie doth not admit or beleeve that the long continuance of the chiefe Covernors of this kingdome in their places of government hath beene an occasion of any tyrany or oppression or that any tyrany or oppression hath beene exercised upon his subjects of this his kingdome howsoever his Majesty will be graciously pleased to take care that such Governors shall not continue longer in those places then he shall finde for the good of his people here And his Majestie is content that they shall bee inhibited to make any purchase other then by Lease for the provision of their houses during the time of their government 15. To the fifteenth Proposition this proposition is to be explaned and some particular way to be proposed for the doing thereof And then consideration being had of the safety and securitie of his Majesties protestant subjects an answer will be made therevnto 16. To the sixteenth proposition his Majestie cannot in Iustice to the foreclosing of the subject of his legall remedy for the recoverie of any goods chattels or rents unlawfully taken or detayned from him But for such-meane profits Customes prizes and Rents which have accrued unto his Majesty since the 23 of Octob. 1641. except the Customes received at VVaterford and Rosse since the 15. of September 1643. His majestie is content to remit the same the rest of the proposition is answered in the answer to the fourth proposition 17. To the seventeenth his Maiesty will be pleased that such persons as shall bee excepted out of the generall pardon shal be tryed by the knowne Lawes of this Land The Lord marques of Ormond now declares that albeit these answers are thus given by him in present to the said propositions yet that hee intends not to be thereby concluded from altering the same or adding thereunto in any parts there of In such sort as he shall finde cause upon further debate Some of the reasons which moved His Maiesties most humble and loyall Subiects the Confederate Roman Catholicks of Ireland to present certaine Propositions to His Excellencie the Lord Marques of Ormond Lord Lieutenant of Ireland His Maiesties Commissioner THe first Proposition that concerneth the freedome of the Catholicke Religion and the repeale of all Lawes made against the professors of that Religion is a demaund not in favour of any innovation but for that Religion which the Inhabitants of this Kingdome anciently and like wise the English Colonies come at first into this Land and their heires for many descents have professed and doe professe at the present and which before the raigne of King Henry the VIII was professed by the Kings of England and their subiects generally And it may be further added and confidently affirmed that there are no subiects in the world of what other beleefe or profession soever in Religion that held themselves so inviolably tyed to the preservation of that monarchy to whom they owe subjection and allegeance as the professors of the said Roman Catholicke Religion This proposition consisteth of two branches the first for the repeale of certaine acts the second that the freedome of their Religion may bee allowed to the said Catholickes For the cleering of the first branch the said Catholickes doe not presse the totall repeale of the said statutes their humble request being that the great penalties pressures incapacities and other unavoidable inconveniences by the said statutes imposed on them alone may be removed as to them by act of Parliament By one statute found among the Records of Parliament of this kingdome in the second yeare of the raigne of the late Queene Elizabeth cap. 1. 2. the said Catholickes are made subiect to the arbitrary power of an high Commission Court or other Commissioners to be appointed by his Maiesty or the Lord Deputie for the time being may be questioned punished for all offences touching Religion Irish statutes fol. 261. likewise fol. 270. and 271. the Archbishops Bishops and Ordinaries of another Religion have heavily punished and may still punish the said Catholickes for Marriages Christenings done according to the Catholicke Religion and every Catholicke was driven to pay nine pence every Sunday for not repayring to Church to the great impoverishment and destruction of the said Catholickes and no profit at all to his Maiesty By the said statute fol. 261. and 262. not onely the Catholicke Clergie are excluded from all dignities benefices Ecclesiasticall but likewise the Catholicke Laytie of all degrees and qualities are rendred incapable of all Civill offices from the highest judge to the petty Cōstable likewise from Marriall offices or imployments even to be a common Souldier in his Maiesties army where any fee or wages are due without first taking the oath of supremacie upon refusall of the said oath all dignities offices or wages are forfeyted No Catholicke can sue Livery or Ouster le maine for his estate or any part thereof out of his Maiesties hands without taking the said oath by the same statute of 2 Elizab. cap. 1 fol. 265. a. If any Catholicke of what estate degree or qualitie soever within this kingdome doe by writing printing teaching preaching expresse words deede or act affirme hold stand with set forth and maintayne any other authority preheminence power or iurisdiction in matters Ecclesiasticall or Spirituall then the person so offending his abbettors ayders promovers and counsellers shall for the first offence forfeyte their goods and Leases and suffer imprisonment for one yeare for the second offence incurre the paines and forfeytures set downe by the statutes of Provision and Praemunire whereby the offender is put out of the Kings protection imprisoned during his life and his goods and lands forfeyted For the third offence the offender is punishable as in case of high Treason Then by consequence if any of the Catholicke Laytie take or procure a dispensation for mariage within the eight degree or any other licence or dispēsation from any authorised by the See of Rome is a principall offender and if he heares